Trademarks Law in Croatia
Sure! Here’s a detailed overview of Trademark Law in Croatia:
🇭🇷 Trademark Law in Croatia
Legal Framework
The main legislation governing trademarks is the Trademark Act (Zakon o žigovima), originally adopted in 1997 and amended several times, most recently to align with EU trademark law.
Croatia has been a member of the European Union since 2013, so EU trademark law and regulations apply alongside national law.
Croatia is also a party to important international treaties:
Paris Convention
Madrid Protocol
TRIPS Agreement
Nice Agreement
WIPO treaties
Administering Authority
The State Intellectual Property Office of the Republic of Croatia (SIPO) handles:
National trademark applications
Examination and registration
Public registries and enforcement support
For EU trademarks, protection in Croatia is provided through the European Union Intellectual Property Office (EUIPO).
What Can Be Registered?
Trademarks can be any sign capable of distinguishing goods or services, including:
Words, names, slogans
Logos and designs
Shapes, colors, sounds, multimedia marks (if distinctive)
The mark must be capable of graphical representation.
Registration Process
Filing Application with SIPO:
Applicant information
Representation of the trademark
List of goods/services classified according to the Nice Classification
Formal Examination for compliance
Substantive Examination to check for absolute and relative grounds for refusal (e.g., descriptiveness, similarity with existing marks)
Publication of accepted applications for opposition purposes
Opposition Period: 3 months to oppose the trademark registration
Registration: If no opposition or opposition is unsuccessful, the trademark is registered
Duration and Renewal
Registered trademarks last for 10 years from the date of filing.
Trademarks can be renewed indefinitely for successive 10-year periods.
Renewal applications can be filed within the last year of the current registration or within a 6-month grace period after expiration.
Rights Conferred
Exclusive rights to use the trademark in connection with the registered goods/services.
The right to prevent unauthorized use or imitation.
Ability to license or assign the trademark.
Use Requirement and Cancellation
Registered trademarks must be genuinely used within Croatia (or the EU for EU trademarks).
Non-use for 5 consecutive years can result in cancellation at the request of a third party.
Enforcement
Trademark owners can enforce rights via:
Civil litigation (injunctions, damages, destruction of infringing goods)
Administrative actions by SIPO
Customs enforcement against counterfeit goods
Criminal proceedings for counterfeiting and trademark infringement
International Protection
Through the Madrid Protocol, trademark owners can seek international protection designating Croatia.
Protection is also available through the European Union Trademark (EUTM) system, covering all EU member states including Croatia.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trademark Act (Zakon o žigovima) |
| Administering Authority | State Intellectual Property Office (SIPO) |
| Duration | 10 years, renewable indefinitely |
| Use Requirement | Genuine use required within 5 years |
| Opposition Period | 3 months post-publication |
| International Treaties | Paris, Madrid Protocol, TRIPS, EU trademark system |
| Types of Marks | Word, logo, sound, color, shape, multimedia |
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