WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN11/HRVlT/l 
29 May 2001 
(01-2670) 
Original: English/ 
anglaisl 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
CROATIA 
The present document reproduces the text1 of the Trademark Law, as notified by Croatia 
under Article 63.2 of the Agreement (see document IPINIlIHRVIl). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CROATIE 
Le présent document contient le texte 1 de la Loi sur les marques, notifiée par la Croatie au 
titre de l'article 63:2 de l'Accord (voir le document IPINIlIHRV Il). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
CROACIA 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica 0 de 
Comercio, notificado por Croacia en virtud dei parrafo 2 deI articulo 63 deI Acuerdo (véase el 
documento IPINIl/HRVIl). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OMC./En inglés solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IPIN/1/HRV/TII 
Page 2 
TRADEMARK LAW 
Part One 
BASIC PROVISIONS 
The Concept of a Trademark 
Article 1 
(1) A trademark shall protect a sign which may be represented graphically and 
which is capable of distinguishing the goods or services of one undertaking from those of 
other undertakings. 
(2) Trademarks may protect signs, in particular: words, Ietters, numeraIs, 
abbreviations, graphical representations, combinations of col ours and the tints thereof, 
three-dimensional forms, shapes of the goods or the packaging thereof, provided that they 
are distinctive, as weil as the combinations of all the above indicated signs. 
(3) A seaI, a stamp and a hall mark (official mark identifying precious metaIs, 
measures, etc.) shaH not, under this Law, be considered to be trademarks. 
Distinctiveness 
Article 2 
A sign shall be capable of distinguishing if it gives to certain goods or services, 
comparing them with the identical or similar ones, a special, distinctive character. 
Field of Application 
Article 3 
This Law shall apply to individual, collective, and certification marks which are 
registered or applied for before the State Intellectual Property Office (hereinafter: the 
Office) or which are internationally registered with the effect for the Republic of Croatia. 
Equal Status of Foreign Natural and Legal Persons 
Article 4 
Foreign natural and legal persons shall, under this Law, enjoy the same rights as 
are enjoyed by the nationals of the Republic of Croatia and Iegal entities having their 
business seat in the Republic of Croatia, if it resuIts from the international treaties 
binding the Republic of Croatia or from the application of the principle ofreciprocity. Protection Requirements -Absolute Grounds for Exclusion 
Article 5 IPIN/lIHRV/TIl 
Page 3 
(1) A trademark shaH not protect a sign: 
1. which is contrary to the public order or morality; 
2. which is not capable ofbeing represented graphicaIly; 
3. which is not capable, due to its representation, of distinguishing the goods 
or services in trade; 
4. which consists exclusively of signs or indications serving in trade to 
designate the kind, quality, quantity, intended purpose, value, geographical 
origin, the time of production of the goods or of rendering of services, or 
sorne other characteristics of the goods or services; 
5. which consists exclusively of signs or indications which are customary in 
the current or professionallanguage or established practices of the trade; 
6. which represents exclusively the shape defined by the kind of the goods, or 
the shape of the goods necessary to obtain a specifie technical result, or the 
shape giving a substantial value to the goods; 
7. which may, by its representation, deceive the public particularly as to the 
geographical origin, nature, quality or any other characteristic of the goods 
or service. 
8. which contains or consists of a geographical indication identifying wines or 
spirits, but refers to the wines or spirits which are not of such geographical 
indication. 
9. which contains a national coat of arms or other public arms, a flag or an 
emblem, the name, or the abbreviated name of a country or of an 
international organization, and the imitations thereof, except with the 
authorization of the competent authority of the country or the organization. 
(2) The signs specified in subparagraphs 3,4 and 5 ofparagraph (1) ofthis Article 
may be protected by trademarks if the applicant proves that by using it, the sign has 
become characteristic for his goods or services. 
Protection Requirements -Relative Grounds for Exclusion 
Article 6 
(1) A trademark may not protect a sign: 
1. which is identical with the earlier trademark designating the same kind of 
the goods or services; 
2. which is identical with, or similar to, the earlier trademark designating the 
same or similar kind of the goods or services which would result in a likelihood of 
confusion in trade, including the likelihood of association by the public of the sign 
applied for with the earlier trademark. 
(2) The expression "earlier trademarks" shaH comprise: 
1. trademarks enjoying priority right referred to in Articles Il, 12 and 13 of 
this Law; 
2. earlier internationally registered trademarks with the effect in the Republic 
ofCroatia; IPIN/l/HRV/T/l 
Page 4 
3. trademarks which are, at the time of filing a trademark application for the 
sign referred to in paragraph (1), weIl known in the Republic of Croatia within the 
meaning of Article 6. bis of the Paris Convention for the Protection ofIndustrial Property 
(hereinafter: the Paris Convention), applying mutatis mutandis on services. 
(3) The knowledge of a trademark within the meaning of paragraph (2), 
subparagraph 3 of this Article shall also include the knowledge of a trademark in a 
relevant public sector, acquired as a result of the promotion thereof. 
(4) A trademark shall not protect a sign which infringes earlier acquired rights of 
the owners referred to in Article 20, paragraph (1), subparagraphs 2 - 5 ofthis Law. 
(5) A trademark shalI not protect a sign which is identical with or similar to a 
trademark the validity ofwhich has expired in compliance with Article 37, paragraph (1), 
subparagraph 1 ofthis Law, if a trademark application is filed before the expiration of the 
period of two years, counting from the expiration date of the trademark validity, unless 
the protection of such a sign is applied for by the owner in whose name the trademark has 
been protected, or by his successor in title. 
(6) Grounds for the exclusion from the trademark protection under this Article, 
may be invoked only by the applicant of the earlier application or by the owner of the 
earlier right. 
Part Two 
PROCEDURE FOR THE GRANT OF A TRADEMARK 
The Office Authority 
Article 7 
(l) The administrative procedures relating to the trademark protection shall be 
carried out by the Office. 
(2) The administrative decisions made by the Office shalI not be subject to any 
appeal, but an administrative lawsuit may be instituted. 
Filing of the Application 
Article 8 
(l) The procedure for the grant of a trademark shall be instituted by filing a 
submission containing a request for the grant of a trademark and other relevant elements 
provided by this Law (hereinafter: a trademark application). 
(2) Each sign applying for a trademark protection shall be filed as a separate 
application. 
The Content of the Application (Minimum Requiremellts) 
Article 9 
(1) A trademark application shall contain: 
1. a request for the grant of a trademark; IP/NIl/HRV/TIl 
Page 5 
2. indications allowing the identity of the applicant to be established; 
3. indications sufficient ta contact the applicant or his agent, if any, by mail. 
4. a representation of the sign applied for a trademark protection; 
5. the list of the goods or services the protection is applied for. 
(2) A trademark application shall be considered to be filed if it complies with the 
minimum requirements referred to in paragraph (1) ofthis Article. 
(3) Other elements of the application and the attachments thereto shall be filed in 
the manner and in the number of copies as prescribed by the Regulations, defining the 
implementation ofthis Law (hereinafter: the Regulations). 
Division of the Application 
Article 10 
(1) Any trademark application may be, during the trademark granting procedure 
divided, on the request of the applicant, into two or several applications in respect to the 
proposed list of the goods and services. 
(2) The divided applications shall maintain the priority right on the basis of the 
filing date of the first application. 
Application Filing Priority 
Article Il 
If the trademark application is filed in compliance with Article 9, paragraph (1), 
the applicant shall acquire the right of priority on the basis of the application filing date 
over any other applieant filing later a trademark application for the identical or similar 
sign whereby the protection for the identical or similar goods or services are applied for. 
Union Priority 
Article 12 
(1) If the trademark applicant has filed the application for the first time in aState 
member of the Paris Union for the Protection ofIndustrial Property (hereinafter: the Paris 
Union), 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 counting from the date of the first fiIing. 
(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, application date and number) and shall attach thereto the true copy of the first 
application certified by the competent authority of the member State of the Paris Union, 
not later than within three months as from the date offiling a priority claim, as well as the 
translation of the first application into the Croatian language. 
Exhibition Priority 
Article 13 
(1) If the trademark applieant has displayed the goods or services designated by a 
specifie sign at an official or officially recognized international exhibition in the Republic IPINIl/HRV/TIl 
Page 6 
ofCroatia or in any of the member States of the Paris Union, he may request that the date 
of the first day of the exhibition of the goods or of rendering of services be accorded a~ 
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 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. 
Examination of the Correctness of a Trademark Application 
Article 14 
(1) The examination of the correctness of the application shaH include the 
examination of ail the requirements prescribed by this Law. 
(2) The trademark application shall be correct if: 
1. a separate application has been filed within the meamng of Article 8, 
paragraph (2) ofthis Law; 
2. a prescribed fee for a trademark application and procedural charges have 
been paid, and the evidence of effected payment has been attached thereto; 
3. it has been drafted in a manner to contain ail the necessary elements and 
attachments within the meaning of Article 9, paragraphs (1) and (3) of this 
Law; 
4. an orderly power of attorney is attached thereto, if the application is filed 
through an agent. 
Correction of the Trademark Application 
Article 15 
(1) If the application complies with the mimmum requirements within the 
meaning of Article 9, paragraph (1) ofthis Law, but is not filed in a way to contain aH the 
necessary elements and attachments in compliance with this Law and the Regulations, the 
Office shall invite the applicant to remedy the established deficiencies within 60 days as 
from the day of receipt of the invitation. 
(2) If the applicant corrects the application within the prescribed time limit, the 
application shall be considered ta be correct as from the beginning. 
(3) If the application doesn't campi y with the minimum requirements within the 
meaning of Article 9, paragraph (1) of this Law, it shall not be considered ta be the 
trademark application, and the Office shall invite the applicant to remedy ail the found 
deficiencies within the time limit referred ta in paragraph (1) ofthis Article. 
(4) The date of receipt of the correct application within the meaning of Article 9, 
paragraph (1) of this Law shall be considered ta be the day for establishing priority 
referred to in Article Il ofthis Law. Extension of the Time Limit 
Article 16 IPINIIIHRV/T/I 
Page 7 
On the reasoned request of the applicant the time limit referred to in Article 15, 
paragraph (1) may be, for the justified reasons, extended for not more than 60 days. 
Rejection of the Application 
Article 17 
If the applicant do es not, within the prescribed time limit, comply with the 
invitation and does not remedy all the found deficiencies within the meaning of Article 
15, paragraphs (1) and (3) ofthis Law, the application shaH be rejected by a decision. 
Refusai or Partial Acceptance of the Trademark Application 
Article 18 
(1) If the sign for which a trademark application is filed, is excluded from the 
protection in respect to aH, or partially excluded from protection in respect to sorne of the 
specified goods or services on the grounds referred to in Article 5 of this Law, the Office 
shaH issue a decision on the refusaI or a decision on the partial acceptance of the 
application. 
(2) The decision on the refusaI or the decision on the partial acceptance of the 
trademark application shall not be issued if the applicant has not been previously notified 
in writing about the grounds for the exclusion, entire or partial, of the proposed sign from 
the protection in respect to the submitted list of the goods or services, and invited to make 
a declaration thereon. 
(3) The trademark applicant shall have the right to make a declaration concerning 
the grounds for the exclusion of the sign from the protection within 30 days as from the 
day of the receipt of the written notification and to submit evidence on the possible new 
facts that might influence the Office final decision. 
(4) On the reasoned request of the applicant the time limit referred to in paragraph 
(3) ofthis Article may be, for justified reasons, extended for not more th an 60 days. 
Publication of the Application 
Article 19 
(1) If the trademark application complies with all the requirements regarding 
correctness of the application within the meaning of Article 14, paragraph (2), if the sign 
is not excluded from the protection within the meaning of Article 5 ofthis Law, and if the 
prescribed publication fee is paid, the application shall be published in the Office official 
gazette. 
(2) The application data to be published in the Office official gazette shaH be 
prescribed by the Regulations. IPIN/1/HRV/T/1 
Page 8 
Opposition 
Article 20 
(1) The opposition to the published trademark application may be, within three 
months counting from the publication date, filed with the Office by: 
1. the owner of the earlier trademark within the meaning of Article 6, 
paragraphs (1) to (5) ofthis Law; 
2. a person who has, at the time of filing the trademark application, a firm 
provided that such firm or the essential part thereof is identical with or similar to the 
published sign and provided that she/he manufactures identical or similar goods or 
rend ers identical or similar services to those the published sign refers to, or where such 
goods or services are the subject matter of the firm's activity. 
3. a natural person whose name and surname, or appearance (image) are 
identical with or similar to the published sign applied for the trademark protection; 
4. the owner of the earlier industrial property right, if the subject matter of 
such right is identical with or similar to the published sign; 
5. any person having copyright in the work which is identical with or similar 
to the published sign. 
(2) The time limit for filing the opposition, prescribed in paragraph (1) of this 
Article, shall not be extended. 
(3) The opposition shall be filed in the manner as prescribed by the Regulations. 
Opposition Procedure 
Article 21 
(1) The Office shaIl examine whether the opposition is filed by the person entitled 
to file the opposition within the meaning of Article 20, paragraph (1) of this Law, 
whether the opposition is filed in the prescribed time limit and wh ether it is justified and 
accompanied by the appropriate documentation. 
(2) If the requirements referred to in paragraph (1) ofthis Article are not complied 
with, the Office shall issue a decision on the rejection of the opposition. 
(3) If the requirements referred to in paragraph (1) of this Article are complied 
with, the Office shall notify the trademark applicant about the grounds specified in the 
opposition and shall invite him to make a declaration and to submit his comments within 
30 days. 
(4) If the applicant doesn't make a declaration concerning the grounds specified in 
the opposition and doesn't submit his comments within the time limit referred to in 
paragraph (3) of this Article, it shall be considered that the applicant doesn't oppose the 
grounds specified in the opposition and the application shall be refused within the limits 
of the grounds referred to in the opposition. Examination of the Opposition 
Article 22 IPINIIIHRV/TII 
Page 9 
(1) If the applicant makes a declaration concerning the grounds specified in the 
opposition, the Office shall examine the justification of the opposition within the limits of 
the specified grounds, taking into consideration facts and submitted evidence. 
(2) If the Office establishes that the opposition is un justifie d, it shalI be refused 
and the written decision to that effect shall be sent to the applicant and to the person who 
has filed the opposition. 
(3) If, in the examination procedure concerning the opposition, the Office 1 
establishes that the opposition is justified, it shall refuse or shall partially accept the 
trademark application and shall communicate a written decision to that effect to the 
applicant and to the person who has filed the opposition. 
Grant of the Trademark and Entry into the Register 
Article 23 
(1) If the grounds referred to in Article 5, paragraph (1) and Article 6, paragraphs 
(1) to (5) do not constitute a barrier to the grant of the trademark, the trademark shall be 
entered into the trademark register on the basis of the decision on the grant of a 
trademark, subject to the prior payment of the fee and procedural charges for the 
maintenance of the trademark for the first ten-year period. 
(2) If the maintenance fee and procedural charges for the first ten-year period are 
not paid, the trademark application shall be rejected by a decision. 
Publication of a Trademark 
Article 24 
(1) The data concerning a trademark shall be published in the Office official 
gazette not later th an within three months as from the date of entry of the trademark into 
the register. 
(2) The data to be published in the Office official gazette shall be prescribed by 
the Regulations. 
(3) The publication of a trademark shall be subject to the payment of a prescribed 
fee for the publication of a trademark in the Office official gazette. 
Trademark Certificate 
Article 25 
(1) After the entry of a trademark into the register and after the payment of the 
prescribed fee for the issuance of the trademark certificate, the Office shall provide the 
owner of the right with the trademark certificate not later than within six months as from 
the date ofpublication of the trademark in the Office official gazette. . 
(2) The data to be contained in the trademark certificate shall be prescribed by the 
Regulations. IPINIlIHRV/TI 1 
Page 10 
Part Three 
EFFECTS OF A TRADEMARK 
Exclusive Rights 
Article 26 
(1) The trademark owner shall have the exclusive right of designating by the trade 
mark the goods or services it is granted for, and the exclusive right of using the trademark 
for such goods or services. 
(2) The trademark owner may prohibit to third persons not having his consent to 
use the sign which is identical with or similar to a sign for the goods or services of the 
identical or similar kind as those a trademark is granted for, or to use it for designating 
su ch goods or services, particularly to affix it on the goods or the packing thereof, to offer 
services or to put on the market the goods carrying such sign, or to store the goods with 
such intention, import or export the goods carrying such sign or to use such sign in the 
trade name, in the correspondence or in advertising. 
(3) The owner of a trademark shall have the right to require from any person 
putting or intending to put on the market the goods or services designated by a sign which 
is identical with or similar to his trademark, information about the origin of the goods, 
and trade channels thereof or the documentation relating to those goods or services. 
(4) The owner of the well-known trademark may prohibit to third persons not 
having his consent to use the identical or similar sign for the goods or services which are 
not identical with or similar to those for which the trademark is protected, if the use of 
such sign in relation to those goods or services would refer to the connection between 
those goods or services and the owner of the protected trademark, and if at the same time 
there is a likelihood that such use would be prejudical for the interests of the owner of a 
protected trademark . 
Limitation of Rights 
Article 27 
(1) The trademark shall not entitle its owner to prohibit third persons from using 
in the course of the trade their name, surname, sign or trade name, address of the 
residence, indications concerning the kind, quality, quantity, intended purpose, value, 
geographical origin, the date of production of the goods or of rendering of a service or 
any other characteristic of the goods, irrespective of the fact that those indications are 
identical with or similar to the trademark, or form parts of a trademark, but provided that 
they are used in compliance with the established trade practice and fair market 
competition. 
(2) The trademark shall not entitle its owner to prohibit third persons from using 
in the course of the trade a sign which is identical with or similar to a trademark if it is 
necessary for the indication or designation of the intended purpose of the goods, 
particularly the accessories or spare parts thereof, or the kind of services which are 
rendered in compliance with the established trade practice and fair market competition. Acquiescence in the Use of a Trademark 
Article 28 IPINIIIHRV/TIl 
Page Il 
(1) The owner of their earlier trademark shall not have the right to require the 
annulment of the later trademark on the basis of his earlier priority right nor to prohibi 
the use of the later trademark in relation to the goods or services for which the latet 
trademark has been used if he has acquiesced in this use for five consecutive years, 
except where the later trademark has been protected in bad faith. 
(2) The owner of a trademark with later priority right shall not have the right to 
prohibit the use to the owner of the earlier trademark. 
(3) The acquiescence in the use of a trademark within the meaning of paragraph 
(1) of this Article shall not be the reason for the cancellation thereof from the register. 
Exhaustion of Rights 
Article 29 
The owner of the trademark shall not have the right to prohibit the use of the 
trademark for the goods or services put on the domestic market by himself, or with his 
consent, except where essential changes on the goods, or the deterioration of their 
characteristics, or the change of the nature of the goods or services have occured after 
they have been put on the market. 
Part Four 
CHANGES RELATING TO A TRADEMARK 
Entry of Changes 
Article 30 
(1) On the request of the applicant or the owner of a trademark the Office shall 
enter into the corresponding register aIl the changes relating to the personal name, if 
natural person is concerned, the trade name or the business seat or the residence of the 
applicant, or of his employment, as weIl as other changes occurring after the filing of the 
trademark application or after the grant of a trademark, provided that they correspond to 
the real situation and that they do not affect the representation of the sign. 
(2) The changes entered into the trademark register shall be published in the 
Office official gazette. 
(3) The data to be contained in the request for the entry of any change relating to a 
trademark shall be prescribed by the Regulations. 
License 
Article 31 
(1) The owner of a trademark may license to third persons the right to use a 
trademark in respect to aIl of the goods or services for which it is granted or only in IP/N/1/HRV/TII 
Page 12 
respect to the part of those goods or services, in the whole territory of the Republic of 
Croatia or in the part thereof. 
(2) The right to use a trademark shall be acquired on the basis of the license 
contract, and such right shall have effect against third persons after the entry of the 
license into the register. The entry of the li cense into the register shall be made on the 
request of the trademark owner. 
(3) The license contract shaH be made in a written form and shall be signed by the 
contracting parties. 
(4) The trademark owner may exercise the rights arising from the trademark 
against the li censee breaching any provision of the license contract, particularly relating 
to the duration, the scope of the trademark use entered into the register, the kind of the 
goods or services for which the license is granted, and the territory in which the 
trademark may be used with regard to the quality of the manufactured goods or rendered 
servIces. 
(5) The li censee may institute the lawsuit concerning the infringement of the 
rights arising from a trademark, only if the trademark owner gives his consent thereto. 
(6) The li censee shall be authorized to grant a sub-license only if it is expressly 
agreed upon. 
Rights in Rem and Levy of Execution 
Article 32 
(1) A trademark may be subj ect to the rights in rem and levy of execution. 
(2) The rights referred to in paragraph (1) ofthis Article shall be effective against 
third persons only after the entry thereof into the register. 
Assignment of Rights 
Article 33 
(1) The trademark applicant or the trademark owner may assign, entirely or 
partially, his trademark or his right arising from the application to another in respect to 
the goods or services for which the trademark is applied for or granted. 
(2) The request for the assignment of rights shall be accompanied by a certified 
copy of the contract, or the part of the contract indicating the assignment of rights, or the 
certificate of the assignment of rights signed by the old and the new owner ofrights. 
(3) The contract on the assignment of rights shaH particularly contain the 
indication of the contracting parties, the trademark registration number, or the trademark 
application number. 
(4) The entry of the assignment ofrights shall be made on the request of the old or 
the new trademark owner and shaH be published in the Office official gazette. Part Five 
ACQUISITION, DURA TION, MAINTENANCE 
AND LAPSE OF A TRADEMARK 
Acquisition of a Trademark 
Article 34 IP/N/1/HRV/T/1 
Page 13 
(1) A trademark shaH be acquired by a decision on the grant of the right and the 
entry of a trademark into the register. 
(2) The date of entry of a trademark into the register shall be the same as the date 
on which a decision on the grant of a trademark has been made. 
Duration and Maintenance of a Trademark 
Article 35 
(1) A trademark shaH be valid for 10 years counting from the date of filing the 
trademark application. 
(2) A trademark shaH be renewed indefinite number of times, and that, for the 
periods of ten years each, provided that the trademark applicant file with the Office a 
request for the extension of the trademark validity and pays the corresponding fee and 
procedural charges, in the course of the last year of the ten-year period of protection, or 
not later than within six months after the expiration ofthis period. 
(3) The new period of protection shall begin with the day of expiration of the 
previous ten-year period of protection. 
(4) The data to be contained in the request for the extension of the trademark 
validity shall be prescribed by the Regulations. 
Use of a Trademark 
Article 36 
(1) A trademark owner sha1l, to maintain the trademark validity, use a trademark 
in respect to the goods or services for which it has been granted, unless serious reasons 
exist for its non-use, not depending of the trademark owner's will. 
(2) The use of a trademark in a slightly modified form not changing the distinctive 
character of a trademark, and the use of a trademark on the goods and equipment 
exclusively for the purpose of export sha1l also constitute the use of a trademark. 
(3) The use of a trademark by another person having the owner's consent sha1l be 
considered to be the use by the owner himself. 
Ceasing of Effect of the Trademark 
Article 37 
(1) A trademark shal1lapse in respect to a1l, or to sorne, of the goods and services: 
1. if the term of protection expires, and the trademark owner doesn't file, 
within a prescribed time limit, a request for the extension of the trademark validity and 
doesn't paya prescribed fee; IPlN/1/HRV ITIl 
Page 14 
2. ifthe a trademark owner hasn't used a trademark in the continuous period of 
five years within the meaning of Article 36 ofthis Law; 
3. if a collective mark is used contraI)' to the collective trademark agreement 
within the meaning of Article 41 of this Law; 
4. on the basis of the owner's declaration on the waiver of a trademark, on the 
day following the day of the submission to the Office of the written declaration to that 
effect; such declaration shall not have the legal effect, if the right is entered into the 
register for the benefit ofthird persons, and the trademark owner didn't previously obtain 
the written consent from those persons.; 
5. with the lapse of the legal person who is the trademark owner, or with the 
death of a naturai person who is the trademark owner; on the day of the Iapse, or on the 
day of death, unless the right has been transferred to the successors in title of the Iegal 
person, or to heirs of the natural person; 
(2) In the case referred to in paragraph (1), subparagraph 2 of this Article, the 
trademark owner shall be obliged to prove that he uses the trademark. 
(3) The lapse of a trademark shall be entered into the trademark register. 
Declaration of the Decision on the Grant of a Trademark Null and Void 
Article 38 
(1) The Office shall issue a decision on the declaration of the decision on the 
grant of a trademark null and void if it is established that the conditions for the grant of 
that right, provided by this Law, didn't exist. 
(2) The decision on the grant of a trademark may be declared null and void during 
the whole term of the protection, ex officio, on the proposaI of an interested person, or on 
the proposaI of the state attorney. 
(3) A proposaI concerning the declaration of the decision on the grant of a 
trademark null and void, shall be accompanied by necessary evidence. 
(4) The data to be contained in the proposaI for the cancellation of a trademark 
due to the nullity shall be prescribed by the Regulations. 
Part Six 
SPECIAL PROVISIONS ON A COLLECTIVE AND CERTIFICATION MARK 
Concept 
Article 39 
(1) A collective mark shall protect a sign intended for the collective designation 
of the goods or services put on the market by the members or the partners of a certain 
legal person. 
(2) A certification mark shall protect a sign used by several trade companies, 
under the supervision of the trademark owner, serving for the protection of the quality, 
origin, manner of production, or other common characteristics of the goods or services of 
the those trade companies. Special Requirements 
Article 40 IPlNllIHRV/TIl 
Page 15 
For the acquisition of a collective trademark it shall not be required that the legal 
person referred to in Article 39 of this Article has its own manufacturing or service trade 
company in, or outside, the Republic of Croatia. 
Contract on a Collective Mark 
Article 41 
A contract on a collective mark shaH be filed with a request for the grant of a 
collective mark and shall contain the name, the business seat of the owner of a collective 
trademark, the list of persons authorized to use a collective mark, conditions determining 
such use, and provisions relating to the infringements, in the case of the misuse of a 
collective mark, or the breach of the provisions of a contract. 
Changes 
Article 42 
(1) On the request of the applicant or the owner of a collective mark, the Office 
shall enter into the register any change or amendment of the contract regulating the use of 
a collective mark. 
(2) The rights arising from a collective mark shall not be transferable, and shall 
not be the subject matter of the li cense, the levy of execution or the rights in rem. 
Part Seven 
COMMON PROVISIONS RELATING TO THE PROCEDURE 
BEFORE THE OFFICE 
Other Provisions Applied in the Procedure before the Office 
Article 43 
(1) The Law on the General Administrative Procedure shall apply to particular 
matters relating to the procedure, not regulated by this Law. 
Fees and Procedural Charges 
Article 44 
(1) The acqlllsltlon and maintenance of a trademark shaH be subject to the 
payment offees and procedural charges in compliance with the special provisions. 
(2) If, in the trademark granting procedure the fees and procedural charges have 
not been paid, the application shaH be rejected, and in the case ofnon-payment of the fees 
and procedural charges for the maintenance of a trademark, such right shall lapse. IPINllIHRV/TIl 
Page 16 
Registers 
Article 45 
(1) The Office shaH keep the register of applications, the register of trademarks 
and the register of agents. 
(2) The registers referred to in paragraph (1) of this Article shall be open to the 
public. 
(3)The Office shaH allow the inspection of data concerning the published 
applications and granted trademarks by interested persons. 
(4) The Office shall issue, on the request of any interested person, the excerpt 
from the trademark register. 
(5) The data to be entered into the registers referred to in paragraph (1) of this 
Article shall be prescribed by the Regulations. 
Office Official Gazette 
Article 46 
(1) The Office shall publish the official gazette containing the publications of 
trademark applications, granted rights, extensions of the trademark validity, transfers of 
rights, cancellations of a trademark from the register, and other data concerning a 
trademark, provided for by this Law. 
(2) The content of the data to be published in the Office official gazette shall be 
prescribed by the Regulations. 
Search 
Article 47 
On the request of any interested person, the Office shall carry out identity and 
similarity searches of applied for and registered trademarks valid in the Republic of 
Croatia. 
Representation 
Article 48 
General principles of representation, and special conditions under which, foreign 
natural or legal persons, not having residence or real and effective business seat in the 
territory of the Republic of Croatia, may exercise rights arising from this Law in the 
procedure before courts and administration bodies through authorized agents, shall be 
regulated by special provisions. International Registration 
Article 49 IPIN/IIHRV/T/l 
Page 17 
(1) In the trademark granting procedure carried out under the provIsions of 
international treaties the Republic of Croatia is party to, the provisions of this Law shaH 
apply to any matters not regulated by su ch treaties. 
(2) For the purposes of the international registration of trademarks in compliance 
with the Madrid Agreement Concerning the International Registration of Marks 
(hereinafter: the Madrid Agreement), the publication of the application prescribed in 
Article 19, paragraph (1) of this Law, shall be replaced with the publication of the 
international registration in the official gazette of international registrations of trademarks 
of the World Intellectual Property Organization (hereinafter: the International Official 
Gazette). 
(3) The time limit for filing the opposition to the grant of the internationally 
registered trademark for the Republic of Croatia, shall run as from the first day of the 
month following the month indicated on the edition of the International Official Gazette 
in which such trademark has been published. 
Part Eight 
CIVIL PROTECTION 
Action Concerning the Infringement of Rights 
Article 50 
(1) The trademark owner, if his rights referred to in Article 26 of this Law, have 
been infringed or threatened to be infringed, may by instituting an action, require from 
the competent court: 
1. the establishment of the existence of the trademark infringement; 
2. the prohibition of the committed or intended infringement of a trademark; 
3. elimination of a condition caused by the committed infringement of a 
trademark; 
4. compensation for damage; 
5. publication of the court decision at the expense of the defendant. 
(2) The imitation of a trademark, as weIl as the use of a collective and 
certification mark contrary to the contract on the collective and certification mark, shall 
also be considered to be the infringement of a trademark within the meaning of paragraph 
(1) ofthis Article. 
(3) The procedure concerning the action within the meaning of paragraph (1) of 
this Article shall be urgent. 
Request For the Destruction 
Article 51 
(1) On the request of the plaintiff, the court may order the destruction of objects 
unlawfully designated by a trademark, which are in the possession of a defendant. IPIN/1/HRV/T/1 
Page 18 
(2) The court shall decide whether the objects unlawfully designated by a 
trademark is to be destroyed, made unrecognizable or used in any other way. 
Limitation of Actions 
Article 52 
The action concerning the infringement of a trademark may be brought within 
three years as from learning about the infringement and the infringer, and not later th an 
within five years as from the commitment of the infringement. 
Provisional measures 
Article 53 
(1) If the trademark owner makes it likely that his right has been infringed or that 
there is a likeIihood of infringement which might cause the irreparable harm, may require 
from the court: 
1. the ordering of the provisional measure comprising the prohibition of acts 
infringing the trademark owner' s right; 
2. provisional seizure of the articles unlawfully designated by a trademark or 
the exclusion thereof from the circulation; 
3. measures comprising the assurance of evidence concerning articles 
unlawfully designated by a trademark and measures comprising the preservation of the 
existing situation. 
(2) The trademark owner may require the ordering of provisional measures ev en 
before the action is brought, provided that he brings an action within 20 working days or 
31 calendar days, whichever expires later. 
(3) If the trademark owner doesn't bring an action within the time limit referred to 
in paragraph (2) of this Article, the court may, on the request of the defendant, suspend 
the procedure and lift the required measures. 
Compensation for Damage 
Article 54 
(1) The court may impose on the trademark owner the compensation for damage 
if it is proved that the required measures referred to in Article 53, paragraph (1) of this 
Law have been unjustified. 
2) The court may impose on the trademark owner the deposit of an adequate 
amount as a security for the person the provisional measure has been ordered against. 
Part Nine 
PROVISIONS CONCERNING MISDEMEANORS 
Misdemeanors 
Article 55 
(1) Any legal person which uses, reproduces or imitatès, offers, affixes to the 
goods or the packaging thereof, imports, exports or uses when rendering services, IPIN11/HRV/TII 
Page 19 
somebody else' s trademark, without the authorization, shall be punished for th~ 
misdemeanor by a fine amounting from 5.000,00 up to 50.000,00 kunas (Article 26). 
(2) Any legal person which stocks, without the authorization, the products 
knowing that they are unlawfully designated by somebody else' s trademark, and, aware 
thereof sells such goods, or renders services under somebody else's service mark, or 
supplies itself or others with the goods designated by somebody else's trademark (Article 
26), shall be puni shed for the misdemeanor by a fine amounting from 5.000,00 up to 
50.000,00 kunas. 
(3) The responsible person in the legal person shall be puni shed for the 
misdemeanor referred to in paragraphs (1) and (2) of this Article, by a fine amounting 
from 6.000,00 up to 60.000,00 kunas. 
(4) The natural person shall be puni shed for the misdemeanors referred to in 
paragraphs (1) and (2) ofthis Article by a fine amounting from 1.000,00 up to 5.000,00 
kunas. 
(5) The natural person shall be puni shed for the misdemeanors referred to in 
paragraphs (1) and (2) of this Article committed for the purpose of acquiring financial 
gain, by a fine amounting to 20.000,00 kunas. 
(6) Articles intended or used for the commitment the misdemeanors referred to in 
paragraphs (1), (2), (3), (4), and (5) ofthis Article shaH be seized and destroyed. 
Part Ten 
TRANSITIONAL AND FINAL PROVISIONS 
Pending Trademark Procedures 
Article 56 
Trademark granting procedures pending on the day the application of this Law 
shall st art, shaH be carried out in compliance with the provisions ofthis Law. 
Other pending provisions 
Article 57 
(1) The pending procedures concerning the infringement of a trademark or the 
rights arising from a trademark application, shall be carried out in compliance with the 
provisions which were in force up to the day the application ofthis Law shaH start. 
(2) The pending procedures concerning the declaration of the decision on the 
grant of a trademark null and void, shall be carried out in compliance with the provisions 
which were in force up to the day the application ofthis Law shall stail. 
Implementing Provision Enacted by the Director of the Office 
Article 58 
The Director of the Office shall define, by the Regulations, matters referred to in: 
Article 9, paragraph (3), Article 19, paragraph (2), Article 20; paragraph (3), Article 24, 
paragraph (2), Article 25, paragraph (2), Article 30, paragraph (3), Article 35, paragraph IP/N/)/HRV/TIl 
Page 20 
(4), Article 38, paragraph (4) Article 45, paragraph (5), and Article 46, paragraph (2) of 
this Law. 
Cessation of the Validity of Other Provisions 
Article 59 
The lndustrial Property Law ("Narodne novine" -the Official Gazette of the 
Republic of Croatia, No 53/91, 19/92, 61/92 and 26/93), in the part relating to the 
trademarks, shall cease to be valid, on the day the application of this Law shall st art, 
except for the provisions concerning the representation (Article 172a), which shaH be 
applied up to the enactment of a special regulation. 
Entry into Force 
Article 60 
This Law shall enter into force on the eighth day as from the date of its 
publication in the "Narodne noville" -the Official Gazette of the Republic of Croatia, 
and shall be applied as from January 1, 2000.