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Law Firm Furcic
Rijeka, Croatia (HR)
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Mrz 21, 2019 (Newsletter Issue 4/19)
New Trademark Law in Force Now
A new Law on Trademarks entered into force on February 15, 2019. The new law aims to transpose EU Directive 2015/2436 into national legislation and provides basis for further implementation of Directive 2004/48/EC.

The most significant changes introduced by the new law are the following:

- The graphical representation requirement has been abolished, opening way for the registration of new types of trademarks, including position, pattern, motion and multimedia marks.
- An appropriate legal frame has been established for the protection of geographical indications, designations of origin, traditional specialities guaranteed and traditional terms for wine by introducing the corresponding absolute grounds for refusal of trademark registrations.
- Detailed rules related to the registration and protection of collective and guarantee trademarks have been established.
- When filing a trademark application, it is required to precisely define the list of goods and services for which protection is sought in such a way that enables the competent authorities to determine the extent of the protection sought on that sole basis.
- Appropriate legal protection is assured for right holders in relation to counterfeit goods in transit through EU territory – trademark owners can prevent all third parties from bringing goods into the EU, even if the goods are only in transit, if such goods, including the packaging, come from non-EU countries and bear an identical or similar mark.
- Trademark holders are entitled to prohibit affixing signs, identical with or similar to their trademark, on packaging and placing that packaging on the market.

Please note that the amendments have been included and the Croatian survey has been updated thanks to the contributor PETOŠEVIĆ and the law firm Furcic, both from Croatia.


Source: www.petosevic.com

Feb 14, 2019 (Newsletter Issue 2/19)
New Scope of Court Jurisdictions in IP
The State Intellectual Property Office informs that the new Act on Areas and Seats of Courts (Official Gazette 67/18) which provides for important amendments to court jurisdiction in the proceedings for the protection of intellectual property rights came into effect on January 1, 2019.

The Municipal Criminal Court in Zagreb shall obtain exclusive jurisdiction in proceeding with all cases concerning criminal law protection of intellectual property (offences as referred to in Title 27 of the Criminal Code), and the Municipal Misdemeanour Court in Zagreb in proceeding with all misdemeanour cases in the field of intellectual property protection. Second degree criminal procedures fall under jurisdiction of county courts, and second degree misdemeanour procedures fall under jurisdiction of the High Misdemeanour Court of the Republic of Croatia.

Municipal State Attorney's Office in Zagreb has substantive and territorial jurisdiction over cases concerning criminal law protection of intellectual property, pursuant to the provisions of the State Attorney’s Office Act (Official Gazette 67/18).


Source: www.dziv.hr

Okt 01, 2013 (Newsletter Issue 14/13)
Gazette Published Fortnightly Soon
The State Intellectual Property Office decided to publish the Croatian Intellectual Property Gazette once in two weeks, instead of once a month in order to accelerate the industrial property registration and granting procedures.

In accordance with the same, the appearance and structure of the Gazette will be adapted appropriately to the increased publication dynamics and the electronic medium in which it has been published.

The scope and content of the data related to the industrial property granting procedures to be published in the Gazette will remain unchanged, whereas the static contents with reference data and information will be singled out to separate menus on the web site of the Office on which the Gazette has been published.

The first issue of the Gazette to be published using new two-week publishing dynamics will be published on October 11, 2013, and from that date on, the Gazette will be published once in two weeks on Fridays according to the schedule which may be seen here

Source: www.dziv.hr


Jul 01, 2013 (Newsletter Issue 10/13)
EU Membership Effective
Croatia has joined the European Union on 1 July 2013. The standard enlargement rules will be applied to Croatia:

1. Automatic extension of CTM to the new Member States.
The moment Croatia has joined EU on 1 July 2013 all CTMs will start producing their legal effects on the territory of Croatia with no necessity for the right holders to take any action in this respect.

2. CTMs will produce legal effects only from the date of accession (1 July 2013).
The owner of CTM will not enjoy earlier rights with respect to the Croatian Trademark filed before the date of 1 July 2013.

3. Existing CTMs cannot be challenged on the basis of the argument that the same is not registrable on absolute grounds in Croatia.
Registered CTMs (or CTM Applications that passed the absolute grounds examination before Croatia joined the EU) cannot be declared invalid based on the argument that such trademark does not fulfill absolute grounds examination in the Croatian language (e.g. descriptive in Croatian) .

4. CTMs filed before 1 January 2013 cannot be disputed on the basis of Croatian prior rights. However, their use may be prohibited in Croatia.
Due to the unitary character of the CTM, it will not be possible to file an opposition or a cancellation action based on earlier national rights in Croatia, as long as the CTM was filed before 1 January 2013 (CTM Application filed between 1 January 2013 and 30 June 30 2013, can be exceptionally subject to opposition based on earlier Croatian Trademark, pursuant to Article 165(3) of CTMR).

5. Claiming seniority of the earlier Croatian Trademark
Owners of Croatian trademarks who wish to extend the protection of their rights to the EU Member States, and be able to abandon their national Croatian trademark without losing Croatian priority will now be in position to do so by claiming seniority. This possibility has three conditions: 1) identical signs; 2) identical owners; 3) identical goods/services.

However, the right holder of an earlier National Trademark in Croatia may prohibit the use of a CTM through a Court action which can be filed with the Commercial Court in Zagreb. It should be mentioned that the right holder of the CTM for which the prohibition of use has been requested with the competent court in Croatia is allowed to use the CTM (considered to be use in good faith) until the decision of the Court has become final. If the use of the disputed CTM is continued after the date when the court decision on prohibition of use has become final, such use may constitute infringement of an earlier national Trademark in Croatia, which would still need to be proven in separate proceedings.

Source: Milojevic, Sekulic & Associates, Croatia


Jun 14, 2013 (Newsletter Issue 9/13)
Harmonisation Project Integrated
The Croatian State Intellectual Property Office (SIPO) has been integrated in the Common Harmonized Database by which its practice as the national trademark office of the Republic of Croatia has been harmonized with the practice of the OHIM and other offices participating in the project as regards to the classification of goods and services for the purposes of the registration of marks.
Furthermore, the Croatian version of the Common Harmonized Database on Classification of Goods and Services is now accessible to the users through the Euroclass application here

Source: www.dziv.hr and www.oami.europa.eu


Mrz 12, 2013 (Newsletter Issue 3/13)
EU Trademark and Design Regulations
As a result of Croatia’s approaching accession to the European Union on July 1, 2013, EU’s trademark and design regulations will enter into force in Croatia and all registered EU trademarks and designs will automatically extend to the new EU member state.

According to the notification recently issued by the Office for Harmonization in the Internal Market (OHIM), Community Trademark (CTM) applications filed from January 1, 2013 to June 30, 2013, or during six months prior to Croatia’s date of accession, may be opposed by a Croatian trademark owner, if the filing or priority date of the Croatian trademark is earlier than the filing or priority date of the opposed CTM application and if the national mark was applied for in good faith.

In June 2010, the OHIM started the internal preparations, which include translation of official documents and databases into Croatian and recruitment of staff from the new EU state. After Croatia joins the EU, it will be possible to submit trademark and design applications in Croatian.

The effects of the enlargement in terms of the proceedings before OHIM are thoroughly covered in OHIM’s manual.

Source: PETOŠEVIĆ


Jan 23, 2012 (Newsletter Issue 1/12)
To Join the EU
Croatia applied for the European Union membership and signed the Accession Treaty on December 9, 2011 to become a member. Subject to the Treaty's ratification by all Member States and Croatia, the country will become the 28th Member State of the European Union on July 1, 2013. A referendum on the EU accession was held in Croatia on 22 January 2012. It passed with more than 60 percent votes cast in support of the accession.

Croatia’s membership of the European Union brings with it implications for the Community trade mark and designs systems and the Treaty outlines that all CTMs and RCDs registered in Member States before the date of accession shall be extended to the territory of Croatia on the day of accession.

For more information please click here


Feb 07, 2011 (Newsletter Issue 2/11)
Ratification of Singapore Treaty
The Director General of the World Intellectual Property Organization (WIPO) notifies that Croatia will ratify to the Singapore Treaty with effect on April 13th, 2011.

Source: www.wipo.int


Legal basis is the Trademark Act of February 7, 2019, in force from February 15, 2019, together with the Trademark Regulations in force since November 14, 2007, and its amendments of June 2011, October 2013 and May 2017. The new Trademark Regulations should be adopted by April 15, 2019.
Croatia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. Croatia is a first to file jurisdiction. Unregistered marks can be enforced if they are well known according to Article 6bis of the Paris Convention, or in accordance with the unfair competition regulations.
Nice classification, 11th edition
A trademark may consist of any signs, particularly words, including personal names, or designs, letters, numerals, colours, the shape of goods or of their packaging, or sounds, provided that such signs are capable of:
1. distinguishing the goods or services of one undertaking from goods or services of another undertaking and
2. being represented in the register in the way that enables competent authorities and the public to determine a precise and clear subject-matter of protection provided by the trademark to a holder of the trademark.

The following trademark types are registrable: trademarks, service marks, collective marks and certification (guarantee) marks.
The application is filed at the Croatian State Intellectual Property Office (CSIPO). Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants that enjoy protection via International registrations designating Croatia do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and on other absolute grounds. Prior trademarks or prior IP rights are not examined ex officio by the CSIPO.
The processing time from first filing to registration is approx. 6 to 8 months. The first office action is taken immediately after receiving application.
After the official examination on absolute grounds, and before the registration, the application is published in the Croatian Intellectual Property Gazette (Hrvatski glasnik intelektualnog vlasništva). Croatian Intellectual Property Gazette is published biweekly on the official website of the State Intellectual Property Office of the Republic of Croatia.
National:
The opposition period is 3 months from publication of the trademark application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application. A trademark registration is valid for 10 years.
The registration is renewable for periods of 10 years, indefinite number of times.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is HRK 750.00 for up to three classes and HRK 150.00 for each additional class. The publication fee is paid simultaneously with the application fee.
The registration fee is HRK 1,500.00 for up to three classes and HRK 300.00 for each additional class.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Mrz 20, 2019
PETOŠEVIC, Zagreb, Croatia

Mrz 17, 2019
Law Firm Furcic, Rijeka, Croatia

Jan 20, 2019
Law Firm Furcic, Rijeka, Croatia

Jul 05, 2017
Zivko Mijatovic & Partners, Zagreb, Croatia

Mai 12, 2016
Zivko Mijatovic & Partners, Zagreb, Croatia

Nov 06, 2014
Zivko Mijatovic & Partners, Zagreb, Croatia

Jun 20, 2013
Zivko Mijatovic & Partners, Zagreb, Croatia

Jan 02, 2012
Zivko Mijatovic & Partners, Zagreb, Croatia

Feb 03, 2011
Divjak, Topic & Bahtijarevic, Zagreb, Croatia



Law Firm Furcic

Branka Blecica 2
51000 Rijeka
Croatia (HR)

Croatian State Intellectual Property Office (CSIPO)
Ulica grada Vukovara 78
HR - 10000 Zagreb
Croatia
Tel +385 1 61 09 825
Fax +385 1 61 12 017
Mail info@dziv.hr
www.dziv.hr/en

Independent Service for Customer Support and Information Services (Information centre for intellectual property - INCENTIV)

Receiving office
Tel: +385 1 61 06 418
Fax: +385 1 61 12 017




World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu