Trademark Registration Croatia : State Intellectual Property Office DZIV

Organization : : State Intellectual Property Office
Type of Facility : Trademark Registration
Country: Croatia

Website : http://www.dziv.hr/en/intellectual-property-protection/trademarks/the-registration-process/
e-Filing : http://www.dziv.hr/en/e-services/e-filing/

Trademark Registration:

The registration process in Croatia:
Although the trademark registration is not obligatory at the time of putting the goods and/or services into circulation, it is very useful to protect particular aspects of the goods by a certain form of intellectual property.

Related : DZIV State Intellectual Property Office Croatia Trademarks Search : www.statusin.org/9368.html

In such a way, you reduce the possibility of infringing (even unwillingly) other persons rights, and you obtain an effective instrument for the protection of your rights.

A decision concerning the elements of your market identity that you wish to protect by a trademark, arises from your overall business strategy by which you individualize your goods and make them well-known, and different from other goods.

Any sign applying for the trademark protection shall be applied for by a separate application, the constituent element of which is a list of the goods and/or services to which the sign relates, being drawn up in accordance with the Nice Classification. A list of the goods and/or services included in the application may not be subsequently extended. Therefore the list has to be drawn up very carefully, since it determines the scope of protection of the trademark concerned.

A trademark application has to be filed on Ž-1 Form, and has to be supported by the evidence on payment of the prescribed administrative fee and examination charges. The protection requirements and the whole procedure concerning an application are prescribed by the Trademarks Act and the Trademarks Regulation.

Before filing an application a good thing would be to carry out a similarity search of earlier trademarks, as to avoid unnecessary problems.

A very useful advisory assistance before filing your application, professional conduct of procedure before the Office, as well as and subsequent representation in possible administrative and court proceedings, is offered by professional representatives in the field of industrial property, whom you may engage to work on your behalf and for your account.

Duration of the registration procedure:
Considering the time required for the examination, monthly dynamics of the official gazette publication and a three-month time limit set for filing opposition against the registration of a trademark, the entire procedure normally takes 9 to 12 months.

However, it is important to have in mind that the conditional trademark protection shall be acquired from the filing date of the application, not subject to the duration of the procedure. If all the legal requirements for the registration of a trademark were fulfilled, the full trademark protection is acquired from the filing date of the application with the Office.

Extensions of time limits:
Certain acts in the procedure concerning the application (e.g. communication of data or attachments, response to the notification on refusal and the like) have to be performed exactly within the prescribed time limit or the application will be rejected or refused, respectively.

In the case you cannot perform certain acts in the application procedure within the prescribed limit, and you have a justified reason therefore, you may request from the Office an extension of the time limit. So, before the expiration of the time limit concerned you have to file a request for the extension of a time limit, and pay the prescribed fee and procedural charges. You have to have in mind that such a request may be accepted or refused by the Office.

In the course of the procedure you may also use the institute comprising the reinstatement of rights, if your application has been rejected by the Office due to the fact that you failed to perform a certain act.

Opposition to trademark registration:
If it is established in the examination procedure that your application complies with the absolute grounds for registration it shall be published in the official gazette (the Croatian Intellectual Property Gazette).

The opposition to your trademark registration may be filed within 3 months as from the publication of the application, by the holders of earlier trademarks and other earlier rights, if they consider that your registration would infringe their rights.

In the case of the opposition having been filed, you will be notified of it and invited to submit your observations on it within a prescribed time limit and challenge the allegations referred to in the opposition. After considering your observations, the Office will issue a decision on the acceptance or refusal of your application, taking into account allegations and facts indicated in the opposition and observations on the opposition.

With regard to the fact that the opposition represents a very complex legal procedure, it is recommendable to turn for help to professional representatives.

If the opposition to the registration hasn’t been filed or if it is decided in your favour, the Office will issue a decision on the grant of the right, i.e. it will register the trademark. Before the registration you have to pay, upon the Office invitation, the charges for the maintenance of the trademark.

How long will trade mark registration be valid?:
The trademark protection shall last 10 years, counting from the application date. The period of protection may be renewed indefinite number of times for the periods of 10 years each, by timely filing a request (in principle before the expiration of the preceding 10 year period) and paying the corresponding fees and charges