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Amendments to Trademark Laws

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Mrz 21, 2019 (Newsletter Issue 4/19)
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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.