- TrademarksAct
- I. BASIC PROVISIONS
- II. EFFECTS OF A TRADEMARK
- III. USE OF A TRADEMARK
- IV. APPLICATION FOR THEREGISTRATION OF A TRADEMARK
- V. PROCEDURE FOR THE REGISTRATIONOF A TRADEMARK
- VI. CHANGES RELATINGTO A TRADEMARK
- VII. DURATION, RENEWAL ANDCEASING OF EFFECTSOF A TRADEMARK
- VIII. COLLECTIVE ANDGUARANTEE MARK
- IX. PROTECTION OF TRADEMARKSUNDER THE MADRID AGREEMENTCONCERNING THE INTERNATIONALREGISTRATION OF MARKS AND THEPROTOCOL RELATING TO THE MADRIDGREEMENT
- X. COMMON PROVISIONS RELATING TOTHE PROCEDURE BEFORE THE OFFICE
- XI. CIVIL PROTECTION
- XII. PROVISIONS CONCERNINGMISDEMEANOURS
- XIII. TRANSITIONAL AND FINALPROVISIONS
- THE ACT ON AMENDMENTS TO THETRADEMARKS ACT
- THE ACTON AMENDMENTS TO THETRADETRADEMARK ACT
Trademarks
Act
And
THE ACT ON AMENDENTS TO THE TRADEMARKS ACT*/**
NN 173/2003, in force from January 1, 2004
*NN 76/2007, in force July 31, 2007
**NN 30/2009, in force March 17, 2009
Zagreb December, 2009
I. BASIC PROVISIONS ABSOLUTE GROUNDS FOR REFUSAL Article 5 SCOPE OF APPLICATION (1) The following shall not be registered:
Article 1
This Act shall apply to individual, collective and guarantee trademarks which are the subject of a registration or an application for the registration of a trademark filed with the State Intellectual Property Office of the Republic of Croatia (hereinafter: "the Office"), or of an international registration having effect in the Republic of Croatia.
SIGNS WHICH CAN BE PROTECTED
AS TRADEMARKS
Article 2
Any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, three-dimensional forms, colors, as well as the combinations of all the above indicated signs, may be protected as a trademark, provided that such signs are capable of distinguishing the goods or services of one undertaking from goods or services of another undertaking.
PERSONS WHO MAY BE HOLDERS
OF A TRADEMARK
Article 3
(1) Any natural or legal person may be a holder of a registered trademark or an applicant for the registration of a trademark.
(2) Foreign legal and natural persons not having a principle place of business or a domicile or a habitual residence, respectively, in the Republic of Croatia shall, under this Act, enjoy the same rights as are enjoyed by the persons having a domicile or a real and effective industrial or commercial principle place of business in the Republic of Croatia, if it results from the international treaties binding the Republic of Croatia or from the application of the principle of reciprocity.
ACQUISITION OF A TRADEMARK
Article 4
(1) In the Republic of Croatia a trademark shall be acquired by registration.
(2) For the purposes of this Act, "registration" shall mean entry of a trademark in the trademark register kept by the Office.
1. signs, which may not be protected as trademarks in accordance with the requirements set out in Article 2 of this Act,
2. signs, which are devoid of distinctive character in relation to the goods or services for which registration is requested,
3. signs which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of providing of the service, or to designate other characteristics of the goods or services,
4. signs which consist exclusively of signs or indications which have become customary in the everyday language or in good faith and the established practices of trade,
5. signs which consist exclusively of the shape which results from the nature of the goods as such, or the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods,
6. signs, which are contrary to public policy or to accepted principles of morality,
7. signs which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services,
8. signs, which have not been authorized by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property (hereinafter: "the Paris Convention".)
9. signs for wines which contain or consist of geographical indications identifying wines and signs for spirits which contain or consist of geographical indications identifying spirits with respect to such wines or spirits not having that geographical origin,
10. signs, which contain the name or abbreviation of the name, national coat of arms, emblem, flag or other official an earlier trademark and the registration has been requested for goods or services which are not similar to those for which the earlier trademark is registered, where the earlier trademark has a reputation in the Republic of Croatia and where the use of the later trademark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the reputation of the earlier trademark; sign of the Republic of Croatia, or a part thereof, and the imitation thereof, except with the authorization of the competent authority of the Republic of Croatia. (2) Registration shall not be refused to signs specified in paragraph (1) items 2 to 4 of this Article, if the applicant for the registration of a trademark proves that the sign has, before the date of filing of the application for the registration and following the use which has been made of it, acquired a distinctive character in respect of the goods or services for which registration is requested. (4) RELATIVE GROUNDS FOR REFUSAL Article 6 (1) Upon an opposition as filed, a sign shall not be registered: 1. if it is identical with an earlier trademark (5) registered for identical goods or services, 2. if because of its identity with, or similarity to, the earlier trademark and the identity or similarity of the goods or services, there is a likelihood of confusion on the part of the public, which includes the likelihood of its association with the (6) earlier trademark. (2) For the purposes of trademark" shall mean: this Act, "earlier 1. trademarks registered in the Republic of Croatia, enjoying priority right referred to in Articles 17, 18 and 19 of this Act, 2. trademarks registered under international treaties, having effect in the Republic of Croatia, and enjoying priority right referred to in Articles 17, 18 and 19 of this Act, (7) 3. applications for the registration of trademarks referred to in item 1 of this paragraph, provided that the trademarks become registered, 4. trademarks which, on the date of application for the registration of a trademark, or, if priority is claimed, on the date of priority right claimed in the application, are well known in the Republic of Croatia, in the sense in which the words "well known" are used in Article 6bis of the Paris Convention. (3) Upon opposition as filed by the holder of an earlier trademark, a sign shall not be registered if it is identical with, or similar to,
Upon opposition as filed, a sign shall not be registered if its use would infringe one of the following earlier rights: - a right to a personal name,
- a right of personal portrayal,
- a copyright,
- industrial property rights.
For the purposes of this Act, "earlier right" shall mean rights acquired on the date which is earlier than the date of application for the registration of a trademark, or, if priority right is claimed, as from the date of priority claimed in the application.
On the basis of opposition as filed, a sign shall not be registered if its use would infringe the right of the person who, at the time of filing of an application for the registration of a trademark, had a firm, provided that such firm or the essential part thereof is identical with or similar to the sign in respect of which the application is filed and provided that identical or similar goods or services are the subject matter of the firm’s activity, unless the applicant had the identical or similar firm at the time of filing the application for registration of a trademark.
On the basis of opposition as filed, a sign shall not be registered if it is identical with, or similar to, an earlier trademark which was registered for identical or similar goods or services and conferred on them a right which has expired for failure to renew the registration of the trademark within a period of not more than two years as from the expiry of the trademark, unless the holder of the earlier trademark gave his consent for the registration of the later trademark or did not use his trademark.
II. EFFECTS OF A TRADEMARK
RIGHTS CONFERRED BY A TRADEMARK
Article 7 - (1)
- A registered trademark shall confer on its holder the exclusive rights therein.
- (2)
- The holder shall be entitled to prevent all third parties not having his authorization from using in the course of trade:
- any sign which is identical with his trademark in relation to goods or services which are identical with those for which the trademark is registered,
- any sign where, because of its identity with, or similarity to, his trademark and the identity or similarity of the goods or services covered by the trademark and the sign, there is a likelihood of confusion on the part of the public, which includes the likelihood of association of the sign with the trademark,
- any sign which is identical with, or similar to, his trademark in relation to goods or services which are not similar to those for which the trademark is registered, where the trademark has a reputation in the Republic of Croatia and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the reputation of the trademark.
- (3)
- Within the meaning of paragraph (2) of this Article, the holder of a trademark may also prohibit the following:
- affixing the sign to the goods or to the packaging thereof,
- offering the goods, or putting them on the market or stocking them for these purposes under that sign, or offering or providing services there under,
- importing or exporting the goods under the sign,
- using the sign on business papers and in advertising.
- (4)
- The rights conferred by a trademark shall have effect against third parties as from the date of publication of the registration of a trademark.
REPRODUCTION OF A TRADEMARK IN
DICTIONARIES
Article 8
If the reproduction of a trademark in a dictionary, encyclopedia or similar publications, including
those in electronic form, gives the impression that the trademark constitutes the generic name of the goods or services for which it is registered, the publisher of the work shall, on request of the holder of the trademark, ensure that the reproduction of the trademark is, at the latest in the next edition of the publication, accompanied by a note that it is a registered trademark.
PROHIBITION OF THE USE OF A TRADEMARK
REGISTERED IN THE NAME OF A TRADE
AGENT OR A REPRESENTATIVE
Article 9
Where a trademark is registered in the name of the trade agent or a representative of a holder of the trademark, without the holder's authorization, the holder shall be entitled to prohibit the use of this trademark by the agent or representative.
LIMITATION OF THE EFFECTS OF A
TRADEMARK
Article 10 - (1)
- A trademark shall not entitle its holder to prohibit a third party from using, in the course of trade: his own name or address, indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of providing of a service, or indications concerning other characteristics of goods or services.
- (2)
- A trademark shall not entitle its holder to prohibit a third party from using, in the course of trade the trademark where it is necessary to indicate the intended purpose of a product or a service, in particular as accessories or spare parts, provided that such sign is used in accordance with established and honest practices in industrial or commercial activity and fair competition.
- (3)
- A trade mark shall not entitle the holder of the trademark to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognized by the laws of the Republic of Croatia and within the limits of the territory in which it is recognized.
EXHAUSTION OF THE RIGHTS
Article 11
(1) Exhaustion of the right to prohibit the use of a trademark in relation to goods or services shall start having effect by putting these goods or services on the market in the Republic of Croatia by the holder of the trademark or with his authorization. - (2)
- Paragraph (1) of this Article shall not apply where there are justified reasons for the holder of the trademark to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
- (3)
- The exhaustion of the rights referred to in paragraph (1) of this Article may be extended beyond the territory of the Republic of Croatia, if this is in conformity with international treaties, binding the Republic of Croatia.
LIMITATION OF RIGHTS IN
CONSEQUENCE OF ACQUIESCENCE
Article 12 - (1)
- Where the holder of an earlier trademark has acquiesced, within a continuous period of five years, in the use of a later trademark while being aware of such use, he shall no longer be entitled on the basis of the earlier trademark either to file a request for a declaration that the later trademark is invalid or to oppose the use of the later trademark in relation to the goods or services for which the later trademark has been used, unless the registration of the later trademark was applied for in bad faith.
- (2)
- Paragraph (1) of this Article shall also apply to the holders of earlier rights referred to in Article 6 paragraphs (4) or (6) of this Act.
- (3)
- In the cases referred to in paragraphs (1) and (2) of this Article, the holder of a later registered trademark shall not be entitled to oppose the use of the earlier right, even though the holder of the earlier right may no longer invoke that right against the later trademark.
III. USE OF A TRADEMARK
USE OF A TRADEMARK
Article 13 - (1)
- A holder of a trademark shall be entitled to use a trademark in relation to the goods or services for which it is registered.
- (2)
- The following shall also constitute the use within the meaning of paragraph (1) of this Article:
1. use of the trademark in a form differing in elements which do not alter the distinctive character of the trademark in
respect of the form in which it was registered,
2. affixing of the trademark to goods or to the packaging thereof in the Republic of Croatia concerned solely for export purposes. - (3)
- Use of the trademark with the authorization of the holder or by any person who has authority to use a collective mark or a guarantee mark shall be deemed to constitute use by the holder.
- (4)
- If, within a continuous period of five years following the date of registration, the holder has not put his trademark to genuine use in the Republic of Croatia in relation to the goods or services for which it is registered, or if such use has been suspended during an uninterrupted period of five years, the consequences of such non-use are prescribed in Article 29, Article 46 paragraph
(2) and Article 51 paragraph (5) of this Act, unless there are justified reasons for non-use.
IV. APPLICATION FOR THE
REGISTRATION OF A TRADEMARK
FILING OF AN APPLICATION
Article 14 - (1)
- An application for the registration of a trademark shall be filed with the Office.
- (2)
- An applicant cannot, by one application, request registration of more than one sign for which trademark protection is sought.
REQUIREMENTS WITH WHICH AN
APPLICATION MUST COMPLY
Article 15 - (1)
- An application for the registration of a trademark shall contain:
- a request for the registration of a trademark,
- information about the applicant,
- a list of the goods or services for which the registration is requested,
- a representation of the sign of which the registration is requested.
- (2)
- An application for the registration of a trademark shall be considered to have been filed if it complies with the requirements set out in paragraph (1) of this Article.
(3) Other elements of the application and the attachments thereto shall be filed in accordance with the Regulations on Trademarks (hereinafter: "the Regulations").
CLASSIFICATION
Article 16
The goods or services in relation to which an application for the registration of a trademark is filed shall be classified in conformity with the International Classification of Goods and Services established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
APPLICATION FILING PRIORITY
Article 17 - (1)
- If the application for the registration of a trademark is filed in accordance with Article 15 paragraph (1) of this Act, the applicant for the registration of the trademark shall acquire the right of priority on the basis of the application filing date over any other applicant filing later an application for the identical or similar sign for which the registration for the identical or similar goods or services is requested.
- (2)
- Every application filed under multilateral agreements to which the Republic of Croatia is a party also gives rise to a right of priority.
UNION PRIORITY RIGHT
Article 18 - (1)
- If the applicant for the registration of a trademark has filed the application for the first time in a Member State of the Paris Union for the Protection of Industrial Property (hereinafter: "the Paris Union") or in a Member State of the World Trade Organization, he may, when filing the application for the same trademark in the Republic of Croatia, invoke the date of the first filing, provided that he files the application in the Republic of Croatia within six months from the date of the first filing.
- (2)
- The applicant invoking the union priority right shall indicate, in the application he is filing with the Office, the relevant data on the application he is invoking (State, date and number of the application) and shall attach thereto a true copy of the first application certified by the competent authority of the Member State of the Paris Union or the Member State of the World
Trade Organization not later than within three months from the date of filing a priority claim, and the translation of the first application into the Croatian language.
EXHIBITION PRIORITY RIGHT
Article 19 - (1)
- If the applicant for the registration of a trademark has displayed the goods or services designated by a specific sign at an official or officially recognized international exhibition in the Republic of Croatia, in any of the Member States of the Paris Union or in any of the Member States of the World Trade Organization, he may request that the date of the first day of the exhibition of the goods or of providing of the services be accorded as the date of the first application, provided that he files the application in the Republic of Croatia within six months as from that date.
- (2)
- The applicant invoking the exhibition priority right shall, in addition to the application he is filing with the Office, submit a certificate issued by the competent authority of the Member State of the Paris Union or the Member State of the World Trade Organization indicating the type of the exhibition, the venue thereof, its opening and closing dates and the first day of the exhibition of the goods or services specified in the application.
V. PROCEDURE FOR THE REGISTRATION OF A TRADEMARK
THE OFFICE AUTHORITY
Article 20 - (1)
- The administrative tasks relating to the registration of trademarks shall be carried out by the Office.
- (2)
- The administrative decisions made by the Office shall not be subject to any appeal, but an administrative lawsuit may be instituted.
EXAMINATION OF THE CORRECTNESS
OF THE APPLICATION
Article 21
(1) The examination of the correctness of the application shall include the examination of compliance with all the requirements prescribed by this Act and the Regulations.
(2) The application for the registration of a trademark shall be correct: - if it is filed in accordance with Article 14 paragraph (2) of this Act,
- if it is filed in accordance with the requirements set out in Article 15 paragraphs (1) and (3) of this Act.
REMEDYING THE DEFICIENCIES
OF THE APPLICATION
Article 22 - (1)
- If the application for the registration of a trademark complies with the requirements set out in Article 15 paragraph (1) of this Act, but is not filed in a way to contain all the necessary elements and attachments in accordance with the Regulations, the Office shall invite the applicant to remedy the deficiencies within 60 days as from the day of receipt of the invitation.
- (2)
- If the applicant remedies the deficiencies in the application in accordance with the invitation referred to in paragraph (1) of this Article within the prescribed time limit, the application shall be considered to be correct as from the beginning.
- (3)
- If the application does not comply with the requirements set out in Article 15 paragraph
(1) of this Act, it shall not be considered as the application for the registration of a trademark, and the Office shall invite the applicant to remedy all the found deficiencies within 60 days as from the day of receipt of the invitation.
- (4)
- The date of receipt of the corrected application within the meaning of the paragraph (3) of this Article shall be considered to be the date for establishing the priority right referred to in Article 17 of this Act.
- (5)
- On request of the applicant, the time limit laid down in paragraphs (1) and (3) of this Article may be extended for not more than 60 days.
REJECTION OF THE APPLICATION
Article 23
If the applicant for the registration of a trademark does not, within the prescribed time limit, comply with the invitation sent by the Office and does not remedy the found deficiencies within the meaning of Article 22 paragraphs (1) and (3) of this Act, the application shall be rejected by a decision.
REFUSAL OF THE REGISTRATION
OF A TRADEMARK
Act
And
NN 173/2003, in force from January 1, 2004 Article 1
This Act shall apply to individual, collective and guarantee trademarks which are the subject of a registration or an application for the registration of a trademark filed with the State Intellectual Property Office of the Republic of Croatia (hereinafter: "the Office"), or of an international registration having effect in the Republic of Croatia.
SIGNS WHICH CAN BE PROTECTED
AS TRADEMARKS
Article 2
Any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, three-dimensional forms, colors, as well as the combinations of all the above indicated signs, may be protected as a trademark, provided that such signs are capable of distinguishing the goods or services of one undertaking from goods or services of another undertaking.
PERSONS WHO MAY BE HOLDERS
OF A TRADEMARK
Article 3
(1) Any natural or legal person may be a holder of a registered trademark or an applicant for the registration of a trademark.
(2) Foreign legal and natural persons not having a principle place of business or a domicile or a habitual residence, respectively, in the Republic of Croatia shall, under this Act, enjoy the same rights as are enjoyed by the persons having a domicile or a real and effective industrial or commercial principle place of business in the Republic of Croatia, if it results from the international treaties binding the Republic of Croatia or from the application of the principle of reciprocity.
ACQUISITION OF A TRADEMARK
Article 4 (1) In the Republic of Croatia a trademark shall be acquired by registration.
(2) For the purposes of this Act, "registration" shall mean entry of a trademark in the trademark register kept by the Office.
1. signs, which may not be protected as trademarks in accordance with the requirements set out in Article 2 of this Act,
2. signs, which are devoid of distinctive character in relation to the goods or services for which registration is requested,
3. signs which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of providing of the service, or to designate other characteristics of the goods or services,
4. signs which consist exclusively of signs or indications which have become customary in the everyday language or in good faith and the established practices of trade,
5. signs which consist exclusively of the shape which results from the nature of the goods as such, or the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods,
6. signs, which are contrary to public policy or to accepted principles of morality,
7. signs which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services,
8. signs, which have not been authorized by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property (hereinafter: "the Paris Convention".)
9. signs for wines which contain or consist of geographical indications identifying wines and signs for spirits which contain or consist of geographical indications identifying spirits with respect to such wines or spirits not having that geographical origin,
10. signs, which contain the name or abbreviation of the name, national coat of arms, emblem, flag or other official an earlier trademark and the registration has been requested for goods or services which are not similar to those for which the earlier trademark is registered, where the earlier trademark has a reputation in the Republic of Croatia and where the use of the later trademark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the reputation of the earlier trademark; Upon opposition as filed, a sign shall not be registered if its use would infringe one of the following earlier rights: For the purposes of this Act, "earlier right" shall mean rights acquired on the date which is earlier than the date of application for the registration of a trademark, or, if priority right is claimed, as from the date of priority claimed in the application.
On the basis of opposition as filed, a sign shall not be registered if its use would infringe the right of the person who, at the time of filing of an application for the registration of a trademark, had a firm, provided that such firm or the essential part thereof is identical with or similar to the sign in respect of which the application is filed and provided that identical or similar goods or services are the subject matter of the firm’s activity, unless the applicant had the identical or similar firm at the time of filing the application for registration of a trademark.
On the basis of opposition as filed, a sign shall not be registered if it is identical with, or similar to, an earlier trademark which was registered for identical or similar goods or services and conferred on them a right which has expired for failure to renew the registration of the trademark within a period of not more than two years as from the expiry of the trademark, unless the holder of the earlier trademark gave his consent for the registration of the later trademark or did not use his trademark.
RIGHTS CONFERRED BY A TRADEMARK
Article 7 REPRODUCTION OF A TRADEMARK IN Article 8
If the reproduction of a trademark in a dictionary, encyclopedia or similar publications, including
those in electronic form, gives the impression that the trademark constitutes the generic name of the goods or services for which it is registered, the publisher of the work shall, on request of the holder of the trademark, ensure that the reproduction of the trademark is, at the latest in the next edition of the publication, accompanied by a note that it is a registered trademark.
PROHIBITION OF THE USE OF A TRADEMARK
REGISTERED IN THE NAME OF A TRADE
AGENT OR A REPRESENTATIVE
Article 9
Where a trademark is registered in the name of the trade agent or a representative of a holder of the trademark, without the holder's authorization, the holder shall be entitled to prohibit the use of this trademark by the agent or representative.
LIMITATION OF THE EFFECTS OF A
TRADEMARK
Article 10 EXHAUSTION OF THE RIGHTS
Article 11
(1) Exhaustion of the right to prohibit the use of a trademark in relation to goods or services shall start having effect by putting these goods or services on the market in the Republic of Croatia by the holder of the trademark or with his authorization. LIMITATION OF RIGHTS IN Article 12 USE OF A TRADEMARK
Article 13 1. use of the trademark in a form differing in elements which do not alter the distinctive character of the trademark in
respect of the form in which it was registered,
2. affixing of the trademark to goods or to the packaging thereof in the Republic of Croatia concerned solely for export purposes. (2) and Article 51 paragraph (5) of this Act, unless there are justified reasons for non-use.
FILING OF AN APPLICATION
Article 14 REQUIREMENTS WITH WHICH AN Article 15 (3) Other elements of the application and the attachments thereto shall be filed in accordance with the Regulations on Trademarks (hereinafter: "the Regulations").
CLASSIFICATION
Article 16
The goods or services in relation to which an application for the registration of a trademark is filed shall be classified in conformity with the International Classification of Goods and Services established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
APPLICATION FILING PRIORITY
Article 17 UNION PRIORITY RIGHT
Article 18 Trade Organization not later than within three months from the date of filing a priority claim, and the translation of the first application into the Croatian language.
EXHIBITION PRIORITY RIGHT
Article 19 THE OFFICE AUTHORITY
Article 20 EXAMINATION OF THE CORRECTNESS Article 21
(1) The examination of the correctness of the application shall include the examination of compliance with all the requirements prescribed by this Act and the Regulations.
(2) The application for the registration of a trademark shall be correct: REMEDYING THE DEFICIENCIES
OF THE APPLICATION
Article 22 REJECTION OF THE APPLICATION
Article 23
If the applicant for the registration of a trademark does not, within the prescribed time limit, comply with the invitation sent by the Office and does not remedy the found deficiencies within the meaning of Article 22 paragraphs (1) and (3) of this Act, the application shall be rejected by a decision.
REFUSAL OF THE REGISTRATION THE ACT ON AMENDENTS TO THE TRADEMARKS ACT*/**
*NN 76/2007, in force July 31, 2007
**NN 30/2009, in force March 17, 2009
Zagreb December, 2009
I. BASIC PROVISIONS ABSOLUTE GROUNDS FOR REFUSAL Article 5 SCOPE OF APPLICATION (1) The following shall not be registered:
sign of the Republic of Croatia, or a part thereof, and the imitation thereof, except with the authorization of the competent authority of the Republic of Croatia. (2) Registration shall not be refused to signs specified in paragraph (1) items 2 to 4 of this Article, if the applicant for the registration of a trademark proves that the sign has, before the date of filing of the application for the registration and following the use which has been made of it, acquired a distinctive character in respect of the goods or services for which registration is requested. (4) RELATIVE GROUNDS FOR REFUSAL Article 6 (1) Upon an opposition as filed, a sign shall not be registered: 1. if it is identical with an earlier trademark (5) registered for identical goods or services, 2. if because of its identity with, or similarity to, the earlier trademark and the identity or similarity of the goods or services, there is a likelihood of confusion on the part of the public, which includes the likelihood of its association with the (6) earlier trademark. (2) For the purposes of trademark" shall mean: this Act, "earlier 1. trademarks registered in the Republic of Croatia, enjoying priority right referred to in Articles 17, 18 and 19 of this Act, 2. trademarks registered under international treaties, having effect in the Republic of Croatia, and enjoying priority right referred to in Articles 17, 18 and 19 of this Act, (7) 3. applications for the registration of trademarks referred to in item 1 of this paragraph, provided that the trademarks become registered, 4. trademarks which, on the date of application for the registration of a trademark, or, if priority is claimed, on the date of priority right claimed in the application, are well known in the Republic of Croatia, in the sense in which the words "well known" are used in Article 6bis of the Paris Convention. (3) Upon opposition as filed by the holder of an earlier trademark, a sign shall not be registered if it is identical with, or similar to,
II. EFFECTS OF A TRADEMARK
DICTIONARIES
CONSEQUENCE OF ACQUIESCENCE
III. USE OF A TRADEMARK
IV. APPLICATION FOR THE
REGISTRATION OF A TRADEMARK
APPLICATION MUST COMPLY
V. PROCEDURE FOR THE REGISTRATION OF A TRADEMARK
OF THE APPLICATION
OF A TRADEMARK