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MSA IP - Milojevic, Sekulic & Associates
Belgrade, Serbia (RS)

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Zivko Mijatovic & Partners
Zagreb, Croatia (HR)

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Croatia (HR)

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10-01-2013 (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


07-01-2013 (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


06-14-2013 (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


03-12-2013 (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


01-23-2012 (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


02-07-2011 (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 October 29th, 2003, in force since January 1st, 2004 and its amendments of July 2007, March 2009 and April 2011, together with the Trademark Regulations in force since November 14th, 2007, and its amendment of June 2011.
Croatia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. Croatia is a first to registered country, by maxim “first come first served”. It is very difficult to enforce unregistered IP rights in Croatia. Publicly recognized marks could be protected via unfair competition provisions.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification 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. 9 to 12 months. The first office action is taken after approx. 1 to 2 months.
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.
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.
Search type First class Add. class
Word Mark Search (availability) 240,00 € 90,00 € 
Word Mark Search (identical) 90,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-12-2016
Zivko Mijatovic & Partners, Zagreb, Croatia  

11-06-2014
Zivko Mijatovic & Partners, Zagreb, Croatia  

06-20-2013
Zivko Mijatovic & Partners, Zagreb, Croatia  

01-02-2012
Zivko Mijatovic & Partners, Zagreb, Croatia  

02-03-2011
Divjak, Topic & Bahtijarevic, Zagreb, Croatia



MSA IP - Milojevic, Sekulic & Associates



Milan Milojevic

Milan Milojevic
Terazije 29/V
11000 Belgrade
Serbia (RS)
Tel +381 11 785 68 20
Fax +381 11 414 09 90
tm@msa-iplaw.com
www.msa-iplaw.com

MSA IP – Milojevic, Sekulic and Associates is a boutique law firm which specializes in prosecution and litigation of trademarks, patents, designs, as well as in enforcement of Intellectual Property rights in the region of Southeast Europe. From its head office in Belgrade, Serbia, MSA IP directs and coordinates the work of its local offices in nine countries in the region, as well as the work of its associated firms in other neighboring countries.

Its expertise encompasses all areas of Intellectual Property law to include:
- Providing opinions on the registrability of trademarks, patents and designs
- Searches
- Filing, prosecution and maintenance
- Assignments and licensing
- Enforcing intellectual property rights through litigation, negotiation and arbitration
- Anti-counterfeiting activities
- Domain name registrations and dispute resolution

MSA IP is the winner of numerous industry awards, including the Client Choice Award in 2015 and the ACQ award for Intellectual Property Law Firm of the Year Award in 2016.

Zivko Mijatovic & Partners



Djura Mijatovic


Mijatovic Law Office (ZMP)
Baruna Trenka 7
10000 Zagreb
Tel. +385 1 4854 510
Fax +385 1 4855 027
croatia@zm-p.com
www.zm-p.com

Our law firm was established in 1939 in Belgrade, Yugoslavia as a general practice law firm. It has grown progressively and today, we have ten offices in nine European countries.

Our services are provided through the network of ZMP offices which cover the Balkan Peninsula, Central Eastern Europe as well as the whole EU via our office in Alicante, Spain the home of the Office for Harmonisation in the Internal Market (OHIM).

Over the last thirty years, the primary activity of our office has been the protection, via prosecution and litigation, of all Intellectual Property rights. Nonetheless, our activity still embraces other fields of law and consequently we are at your disposal to provide you with full range of services in the field of Commercial Law and Corporate Law in all the countries of The Balkans.

Our constant presence in eight different neighbouring countries of the Balkans, allows us to provide our clients with immediate and simultaneous service in two to eight different countries of the region, by simply contacting one of our offices. That is why the services we provide are unique in the region.

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