Trademarks  
Act 
 
 
 
  
And 
 
 
 
  
THE ACT ON AMENDMENTS  TO 
THE TRADEMARKS  
ACT*/**/***/****  
 
  
 
  
 
  
NN 173/2003  , in force from Janua ry 1, 2004 
*NN 76/2007,  in force from July 31, 2007 
**NN  30/2009,  in force from March  17, 2009 
***NN  49/2011,  in force from May 7, 2011 
****NN  46/2018,  in force from May 26, 2018 
   
Zagreb, May 2018  3 May 2018  
  Trademarks  Act and  
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/* **/****  
 
 
 
 
I. BASIC  PROVISI ONS  
 
SCOPE OF APPLICAT ION 
Article 1  
This Act sh all apply to individual, col lective and 
guarantee tr ademarks wh ich are the subj ect of a 
registrati on or an application for the registrati on of 
a   trademark   filed   with  the   State   Intellectua l 
Prop erty Office  of the Rep ublic of  Croatia 
(hereinafter:  "the Office"), or  of an internation al 
registrati on having effect in the Rep ublic of Croatia.  
 
 
SIGNS  WHICH CAN BE PROT ECTED AS 
TRAD EMARKS 
Article 2  
Any sign cap able of being rep resented grap hically, 
particul arly words, including person al na mes, 
designs, letters,  numerals, the shape  of goods  or 
of their pack aging, three -dimens ional forms, colors, 
as well  as the  combin ations of all the  above 
indicated si gns, may be protect ed as a trad emark, 
provide d that such s igns are capabl e of 
distin guishing the  good s or services of one 
unde rtaking from  goods or s ervices of another 
unde rtaking. 
 
 
PERSONS  WHO  MAY  BE HOLDERS OF A 
TRAD EMARK 
Article 3  
(1) Any natural  or legal  person may be a holder 
of a regist ered tradem ark or an ap plicant for 
the reg istrati on of a tradem ark. 
 
(2) Foreign legal and natural  person s not having 
a principle p lace of bu siness or a domicile  or 
a habit ual resid ence, respectively, in the 
Republic of Croatia shall, under  this Act, 
enjoy  the same rights as are  enjoyed  by the 
person s having a domicile or a real a nd 
effective industrial or c ommercial  principle 
place  of business  in the Republ ic of Croatia, 
if it results f rom the i nternational treaties 
bindi ng the Rep ublic of Cr oatia or from the 
application of  the princ iple of reci procity. 
 
 
ACQUISIT ION OF A TRAD EMARK 
Article 4  
(1) In the Repu blic of Croatia a trademark shall 
be acquired b y registration.  
 
(2) For the purposes of this Act, "registr ation" 
shall mean entry  of a trademark  in the 
tradem ark register  kept by  the Office.  ABSO LUTE GROUNDS  FOR  REFUSAL  
Article 5  
(1) The follow ing shall not be regist ered: 
 
1.  signs, which may  not be protected as 
tradem arks in  accordance with the 
requi rements set out in Article 2 of thi s 
Act, 
 
2.  signs, which are  devo id of distincti ve 
character in relation  to the good s or 
services for whi ch registrati on is 
requested, 
 
3.   signs which consist exclusively of signs 
or indi catio ns which may serve, in trade , 
to designate the kind,  quality,  quantity, 
intende d purpose, value, geog raphi cal 
origin, or  the time  of producti on of the 
good s or of providing of  the service, or to 
designate other c haracteristics of  the 
good s or services, 
 
4.   signs which consist exclusively of signs 
or  indications   which   have   become 
custom ary in the every day langua ge or 
in good   faith   and   the   establ ished 
practices of trade,  
 
5.  signs wh ich con sist exclusively of the 
shape which resul ts from the nature of 
the  goods  as  such,  or  the  shap e  of 
good s which is  necess ary to obtain  a 
techni cal  result,  or  the  shape  which 
gives sub stantial value to the goo ds, 
 
6.   signs, which are contrary  to public policy 
or to accept ed principles of morality,  
 
7.  signs which  are of such a nature as to 
deceive the public, for i nstance as to t he 
nature,  quality or geographical origi n of 
the good s or services, 
 
8.   signs, which have  not been authorized 
by the competent  authorities and are to 
be ref used pursuant to Ar ticle 6ter of t he 
Paris Conv ention for the Protection of 
Industr ial  Property  ( hereinafter:  "t he 
Paris  Conv ention".)  
 
9.   signs for wines which contain or consist 
of geog raphical in dicati ons i dentifying 
wines and signs f or spirits which c ontain 
or c onsist of geog raphical  indications 
identifying spirits with  respect to such 
wines or spirit s not having that 
geog raphical origin,  
 
10. signs,   which   contain   the   name   or 
abbreviation of the name, national  coat 
of  arms,  emblem,  flag  or  other  official 
 
 
NN 173/2003, in force from January  1, 2004 4  Trademarks  Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/ ***/****  
May 2018  
  
   
 
 
 
sign of  the Republ ic of Croatia,  or a part 
thereof, and the imitation  thereof, except 
with the aut horization of  the com petent 
authority of the Rep ublic of Cr oatia. 
 
(2) Registrati on  shall  not  be  refused  to  signs 
specified in paragraph (1) items 2 to 4 of this 
Article,  if the applicant for the registration of 
a tradem ark prov es that the sign ha s, before 
the date of filing of the a pplication for the 
registrati on and follow ing the use which ha s 
been made of  it, acquired a distinctive 
character in res pect of the good s or services 
for wh ich regi stration is request ed. 
 
 
RELATIVE GROUNDS  FOR  REFUSAL  
Article 6  
(1) Upon an opposition as filed, a sign shall not 
be regi stered: 
 
1. if it is identical w ith an ea rlier trademark 
registered for identical g oods or  services, 
 
2. if because of its identity  with, or simil arity 
to, the earlier trademark  and the identity 
or  simila rity  of  the  goods  or  services, 
there is a likeliho od of confusi on on the 
part of the publ ic, which includes the 
likelih ood   of  its   association   with   the 
earlier trademark.  
 
(2) For   the   purposes   of   this   Act,   "earli er 
tradem ark" shall mean:  
 
1. tradem arks regist ered in the Republic of 
Croatia, enjoy ing priority right referred to 
in Article s 17,  18 and 19 of  this Act,  
 
2.  tradem arks regist ered under international 
treaties, having effect in the R epublic of 
Croatia,  and  enjoying  priority  right 
referred to in Article s 17, 18 and 19 of 
this A ct, 
 
3. appl ications   for   the   registrati on   of 
tradem arks referred to in item 1 of this 
paragraph,  provided that  the trademarks 
become regi stered,  
 
4. tradem arks  which,  on  the  date  of 
application  for the registration of  a 
tradem ark, or, if priority is claim ed, on the 
date of priority right claimed in the 
application,  are  well  known  in  the 
Republic of Croatia,  in the sen se in which 
the  words  "well  known"  are  used  in 
Article 6bi s of the Paris C onvention.  
 
(3) Upon opposition  as filed by the holder of an 
earlier tra demark, a si gn shall n ot be 
registered if it is identical with, or similar to, an earlier trademark and the regis tration has 
been requ ested for goods or services which 
are not simila r to those for which the e arlier 
tradem ark is regist ered, where the e arlier 
tradem ark has a reputati on in the Republic 
of Croatia and whe re the use of the later 
tradem ark w ithout due cause w ould take 
unfair  advan tage of, or be detrim ental to, the 
distin ctive character or the reputation of  the 
earlier trademark;  
 
(4) Upon opposition as filed, a sign shall not be 
registered if its use would infringe on e of the 
following earlier right s: 
 
1. a right to a person al na me, 
 
2. a right of personal p ortrayal,  
 
3. a copyri ght, 
 
4. industr ial property rights.  
 
(5) For the purposes of this Act, "earlier  right" 
shall mean rights acquired on the date which 
is earlier than the date of appl ication for the 
registrati on of a tradem ark, or, if priority rig ht 
is  claimed,  as  from  the  date  of  priority 
claim ed in the appl ication.  
 
(6) On the basis of opposition as filed,  a sign 
shall  not  be  registered  if  its  use  would 
infringe the right of the person who,  at the 
time of filin g of an applicati on for the 
registrati on of a tradem ark, had a firm, 
provide d that s uch firm or the essential  part 
thereof is  identical  with or similar  to the sign 
in respect of which  the application is filed 
and provided that identic al or similar  goods 
or  services  are  the  subj ect  matter  of  the 
firm’s  activity,  unless  the appl icant had the 
identical or similar  firm at the time of filing 
the application    for    registratio n    of    a 
tradem ark. 
 
(7) On the basis of opposition as filed,  a sign 
shall not  be regist ered if it is identical w ith, or 
simila r to, an earlier trademark whi ch was 
registered for ident ical or simil ar goods or 
services  and  conferred  on  them  a  right 
which ha s expired for  failure to rene w the 
registrati on of the tradem ark within  a period 
of  not  more  than  two  years  as  from  the 
expiry of the tradem ark, unless the holder of 
the earlier tradem ark gave his consen t for 
the registration of the later trademark or  did 
not use hi s tradem ark. 5 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
II. EFFEC TS OF A TRADEMARK  
 
RIGH TS CONFERRED BY A TRADEMARK 
Article 7  
(1) A  registered  tradem ark  shall  confer  on  its 
holde r the excl usive righ ts therein.  
 
(2) The  hol der shall  be  entit led  to  prev ent  all 
third parties not having his author ization from 
using in the course of trad e: 
 
1. any  sign which  is identical with his 
tradem ark in relation to goods or services 
which are identical with those for whi ch 
the tradem ark is regist ered, 
 
2.  any sign where, because of its identity 
with, or similarity  to, his trademark  and 
the identity or similarity  of the goods or 
services covered by the tradem ark and 
the sign, there is a likelih ood of conf usion 
on the part o f the public, whi ch inc ludes 
the likelih ood of  association of the si gn 
with the trademar k, 
 
3.  any  sign which is identical  with, or similar 
to, his trad emark in relat ion to good s or 
services which are not sim ilar to those for 
which the tr ademark is registered, whe re 
the trademark has a rep utation  in the 
Republic of Croatia and w here use of t hat 
sign without due cause takes unfair 
advantag e of, or is d etrimental to, the 
distin ctive character or the reputation of 
the tradem ark. 
 
(3) Within  the meaning of paragr aph (2) of this 
Article,  the holder  of a trademark may also 
prohi bit the following:  
 
1. affixing  the sign to the goods or  to the 
pack aging t hereof,  
 
2. offering t he good s, or putting them on the 
market or stocking them for these 
purposes un der that sign , or offeri ng or 
providi ng services th ere under,  
 
3. importing  or exporti ng the good s under 
the sign,  
 
4. using the sign on business papers and in 
advertis ing. 
 
(4) The rights conferred by a tradem ark shall 
have effect  against third parties as  from the 
date of publication  of the regis tration of  a 
tradem ark. REPRODUCTION OF A TRADEMARK IN 
DICTIONA RIES 
Article 8  
If the reproduction of  a tradem ark in a dicti onary, 
encyclopedia  or   simila r   publications,   including 
those in el ectronic form, gives the im pression that 
the tradem ark constitut es the gene ric name of the 
good s or services  for wh ich it is registered,  the 
publisher  of  the  work  shall,  on  request  of  the 
holde r of the tradem ark, ensure that  the 
reproduction of the tradem ark is, at the latest in the 
next edition of the publication, accom panied by a 
note that it is a regi stered trade mark.  
 
PROHIBIT ION OF THE USE OF A 
TRADE MARK REGISTERED  IN THE NAME 
OF A TRADE AGENT OR A 
REPRES ENTATIVE  
Article 9  
Where a trad emark is regi stered in the name of the 
trade agent or  a rep resentative of a holder of  the 
tradem ark, without  the ho lder's autho rization,  the 
holde r shall be  entitled to prohi bit the use of  this 
tradem ark by the agent or  representative.  
 
LIMITATION  OF THE EFFECTS OF A 
TRAD EMARK 
Article 10  
(1) A  tradem ark  shall  not  entitle  its  holder  to 
prohi bit  a  third  party  from  using,  in  the 
course of trade: his own name or address, 
indicatio ns concerni ng the kind, quality, 
quantity,  intende d      purpose,      value, 
geog raphical origin, the ti me of produ ction of 
good s or of providing of  a service,  or 
indicatio ns concerni ng other charact eristics 
of good s or service s. 
 
(2) A  tradem ark  shall  not  entitle  its  holder  to 
prohi bit  a  third  party  from  using,  in  the 
course of trade the trademark where it is 
necess ary to indicate the intended purpose 
of a produ ct or  a service,  in particular as 
accessori es or sp are parts,  provi ded that 
such sign is used in accordance wi th 
establ ished  and  hon est  practices  in 
industrial  or comm ercial activity  and fair 
competition.  
 
(3) A trade mark shall not entitle the holder of 
the trade mark  to prohibit a third party from 
using, in the cou rse of trade, an ea rlier right 
which only applies in a particu lar locality if 
that right i s recogni zed by the laws of the 
Republic of Croatia and within  the limits of 
the territory in which it is recognized.  6  Trademarks  Act and 
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May 2018  
  
   
 
 
 
EXHAUSTION OF THE RIGHT S 
Article 11  
(1) Exhaustion of the right to prohibit  the use of 
a trade mark in relati on to good s or servic es 
shall start having effect by putting these 
good s or services on the market  in the 
Republic of Croatia by the holder of the 
tradem ark or  with his a uthorizati on. 
 
(2) Para graph (1) of this Article  shall not apply 
where there ar e justified reasons for the 
holde r of the trademark to oppose further 
commercial ization of the good s, esp ecially 
where the condition of  the good s is changed 
or impaired after they have been put  on the 
market. 
 
(3) The exha ustion of the rights referred to in 
paragraph  (1)  of  this  Article  may  be 
extended  beyond   the   territory   of   the 
Republic of Cr oatia, if this is in conformity 
with international    treaties,    binding    the 
Republic of Croatia.  
 
 
LIMITATION  OF RIGHTS  IN 
CONSEQUENCE  OF ACQU IESCENCE 
Article 12  
(1) Where  the  holder  of  an  earlier  trademark 
has acquiesced,  within  a conti nuous period 
of five years,  in the use of a later trade mark 
while being aware of such use,  he shall no 
longer be ent itled on the basis of the earlier 
tradem ark either to file a  reque st for a 
declaration that the later tradem ark is i nvalid 
or to oppose the use of the later trademark 
in relatio n to the  goods or serv ices for wh ich 
the later trademark  has been used,  unless 
the r egistration of the la ter trademark was 
appli ed for in bad faith.  
 
(2) Para graph (1) of this Article shall also apply 
to the holders of earlier rights ref erred to in 
Article 6 pa ragraphs (4) or (6) of this Act. 
 
(3) In the cases referred to in paragraphs (1) 
and (2)  of this Article, the holde r of a later 
registered  trademark shall not  be entitled to 
oppo se the use of  the earlie r right, even 
though the holder of the earlier right may no 
longer invoke that right against the later 
tradem ark. III. USE OF A TRADEMARK  
 
USE OF A TRAD EMARK 
Article 13  
(1) A holde r of a trade mark shall be entitled  to 
use a trademark in relation to the goods or 
services for which it is r egistered.  
 
(2) The following shall also constitute the use 
within  the meaning of pa ragraph (1) of this 
Article: 
 
1. use of the tradem ark in a form differ ing in 
element s  which  do  not  alter  the 
distin ctive character of the trademark in 
respe ct of the form in wh ich it was 
registered,  
 
2. affixing  of the tradema rk to goods or to 
the packaging thereof in the Republic of 
Croatia concerned sol ely for  expo rt 
purposes.  
 
(3) Use of the tradem ark with the autho rization 
of the holder or by any person who has 
authority  to use a collective  mark  or a 
guarantee  mark   shall   be   deem ed    to 
constitute use by the hol der. 
 
(4) If, within  a continuo us period  of five years 
followin g the date of regi stration, the h older 
has not  put his trademark to genui ne use in 
the Repu blic of Croatia in relation to the 
good s or services for which it is registered, 
or if such use has been suspended during 
an uninterrupted period of five years,  the 
consequences of such  non-use are 
prescribed in Article 29, Ar ticle 46 p aragraph 
(2) and Artic le 51 pa ragraph (5) of  this Act, 
unless there are justified reason s for non- 
use. 
 
 
IV. APPLICATION  FOR THE 
REGIS TRATION  OF A TRAD EMARK 
 
FILING  OF AN APPL ICATION  
Article 14  
(1) An  application  for  the  regis tration  of  a 
tradem ark s hall be filed wit h the Office.  
 
(2) An  applicant  cannot,  by  one  application, 
request registration  of more than one sign 
for wh ich trademark protec tion is soug ht. 7 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
REQUIREMENTS  WITH  WHICH  AN 
APPLICAT ION MUST  COMPLY 
Article 15  
(1) An  application  for  the  regis tration  of  a 
tradem ark s hall conta in: 
 
1.  a   request   for   the   registration   of   a 
tradem ark, 
 
2. information about the ap plicant, 
 
3. a list of the goods or servic es for which 
the reg istrati on is re quested, 
 
4. a representation  of the sign of which  the 
registrati on is requ ested.  
 
(2) An  application  for  the  regis tration  of  a 
tradem ark shall be considered to have been 
filed if it complies with  the requirement s set 
out in par agraph ( 1) of this Article.  
 
(3) Other  elements of the application and the 
attachm ents thereto shall  be filed in 
accordan ce with  the Regulati ons on 
Trademarks (herei nafter: "the R egulati ons"). 
 
 
CLASSIFICATION  
Article 16  
The goo ds or s ervices in relation to whi ch an 
application for the registration  of a tradem ark is 
filed shall be classified in  conformity  with the 
Internation al Cl assification of  Goods and Services 
establ ished by the Nice A greement Con cerning the 
Internation al Cl assification of  Goods and Services 
for the Purpo ses of the R egistrati on of Marks.  
 
APPLICAT ION FILING PRIORITY  
Article 17  
(1) If  the  application  for  the  regis tration  of  a 
tradem ark is filed in accordan ce with Article  
15 paragraph (1)  of this Act, the applic ant for 
the   registration   of   the   trade mark   shall 
acquire the right of priori ty on the basis  of 
the application filing date over any othe r 
applicant filing later an application for the 
identical or similar sig n for which the 
registrati on for the identical  or similar good s 
or services is requ ested. 
 
(2) Every  application  filed  unde r  multil ateral 
agreements to which the Rep ublic of Croatia 
is a party also gives r ise to a right of pr iority.  
 
 
UNION PRIORITY  RIGHT  
Article 18  
(1) If  the  applicant  for  the  registrati on  of  a 
tradem ark has filed the application for the first time in a Mem ber State of the Paris 
Union  for  the  Protect ion  of  Industrial 
Prop erty (hereinafter:  "the Paris  Union")  or in 
a Membe r State  of the World Tra de 
Organization, he may,  when filing  the 
application for the same tradem ark in the 
Republic of Croatia, invoke  the date of  the 
first filing, provid ed that he files the 
application in the  Republ ic of Croatia within 
six months from the date o f the first filing.  
 
(2) The applicant invoking  the union priority right 
shall ind icate,  in the application  he is filing 
with the Office, the rel evant data on the 
application  he is invok ing (State,  date and 
numbe r of the application) and shall  attach 
thereto a tr ue copy of the first application 
certified by  the compet ent authority  of the 
Membe r State of the Paris Un ion or  the 
Membe r State of the W orld Tra de 
Organization not  later than within  three 
months  from  the  date  of  filing  a  priority 
claim,  and the  translation of the first 
application in to the Cr oatian langu age. 
 
 
EXHIBIT ION PRIORITY RIGHT  
Article 19  
(1) If  the  applicant  for  the  registrati on  of  a 
tradem ark has di splay ed the good s or 
services designated by  a spe cific sign at  an 
official or of ficially r ecognized int ernational 
exhibition in the Republic of Croatia,  in any 
of the Member States of the Paris Union or 
in any of the Membe r States of the World 
Trade Organization, he m ay reque st that the 
date of the first day  of the exhibitio n of the 
good s or of providi ng of the services be 
accorded as the date of the first application, 
provide d that he files the application in the 
Republic  of  Cr oatia  with in  six  mont hs  as 
from that date.  
 
(2) The applicant invoking the exhibition priority 
right shall,  in addition to the application he is 
filing with t he Office, s ubmit a certificate 
issued by the competent  autho rity of the 
Membe r State of the Paris Un ion or  the 
Membe r State of the W orld Tra de 
Organization indicating the type of the 
exhibition,  the  venue  the reof,  its  ope ning 
and c losing dates a nd the first day of the 
exhibition of the goods or serv ices specified 
in the appl ication. 8  Trademarks  Act and 
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May 2018  
  
   
 
 
 
V. PROCE DURE  FOR THE REGISTRATION 
OF A TRADEMARK 
 
THE OFFICE  AUTHOR ITY 
Article 20  
(1) The  administrative  tasks  relating  to  the 
registrati on  of  tradem arks  shall  be  c arried 
out by the Office.  
 
(2) The  admin istrative  decisions  made  by  the 
Office s hall not be subj ect to any appeal , but 
an admini strative lawsuit m ay be instituted.  
 
 
EXAMINAT ION OF THE CORRECT NESS 
OF THE APPLICATION  
Article 21  
(1) The examin ation of the correct ness of the 
application shall  include the examinat ion of 
compl iance with all the requirements 
prescribed by  this Act and the R egulati ons. 
 
(2) The  application  for  the  registrati on  of  a 
tradem ark s hall be c orrect:  
 
1.  if it is filed in accordance with Article 14 
paragraph (2) of this Act,  
 
2. if it is filed in accordance with the 
requi rements set out in Article 15 
paragraph s (1) and (3) of this Act.  
 
REMEDY ING THE DEFICIENC IES 
OF THE APPLICATION  
Article 22  
(1) If  the  application  for  the  regis tration  of  a 
tradem ark  compli es  with  the  requi rement s 
set out in Article  15 paragraph (1) of  this Act, 
but is not filed in a way to  conta in all the 
necess ary elements  and attachment s in 
accordan ce with  the Reg ulatio ns, the Office 
shall invite the  applicant to remedy the 
defici encies within  60 days as from the day 
of recei pt of the invitation.  
 
(2) If the applic ant remedi es the defic iencies in 
the application in accordance with the 
invitation  referred to in paragraph (1) of  this 
Article within  the pres cribed time limit, the 
application shall  be con sidered to be correct 
as from the b eginni ng. 
 
(3) If the application does not comply  with the 
requi rements set out in Article 15 p aragraph 
(1) of this Act, it shall not be considered as 
the applicat ion for the regi strati on of  a 
tradem ark, and the Office shall invite the 
applicant  to  rem edy  all  the  foun d 
defici encies within  60 days as from the day 
of recei pt of the invitation.  (4) The   date   of   receipt   of   the   correct ed 
application within  the meani ng of the 
paragraph (3)  of this Article s hall be 
considered to be the date for establ ishing 
the priority right referr ed to in Article  17 of 
this A ct. 
 
(5) On request of the applicant,  the time limit 
laid down in paragraph s (1) and (3) of this 
Article  may be extended for not more than 
60 days.  
 
 
REJECT ION OF THE APPLICAT ION 
Article 23  
If the applic ant for the registration of a tradem ark 
does not, wi thin the prescribed time l imit, comply 
with the invitation  sent by the  Office  and does not 
remedy the found defic iencies within the meani ng 
of Article  22 par agraph s (1) and (3) of this Act, the 
application  shall be rej ected by a dec ision. 
 
REFUSAL  OF THE REGISTRAT ION 
OF A TRADEMARK 
Article 24  
(1)   The  decision  on  the  refusal  of  the 
registrati on in full or the decision on the 
refusal  of the registration in relation to only 
some goo ds or serv ices for wh ich the 
registrati on  was  requested  shall  not  be 
made  before    the    applic ant    for    the 
registrati on of the trad emark is notifi ed in 
writing  about the ground s for refusal and 
invited  to withdraw the appl ication or to 
amend it or to submit his observatio ns on 
the grou nds for ref usal of the regi strati on. 
 
(2) The  applicant  shall  have  the  right  to  act 
according to parag raph (1) of this Article 
within  60 days from the day of the recei pt of 
the written notification of the ground s for 
refusal of the regi strati on and to submit 
eviden ce  on  the  possib le  new  facts  that 
might  influence the final dec ision of the 
Office. 
 
(3) On request of the applicant,  the time limit 
referred to in paragraph (2) of this Article 
may be extended for not m ore than 6 0 days. 
 
 
PUBLICATION  OF THE APPLICAT ION 
Article 25  
(1) If all the requirements set out in Article  21 
paragraph (2)  of this Act are complied w ith, if 
there are no ground s for refusal  of the 
registrati on under  Article 5  paragraph (1)  of 
this Act, and if the prescribe d procedur al 
charges for the publicati on of an application  9 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
are pai d, the appl ication data s hall be 
published in "The Croatian  Intelle ctual 
Prop erty Gazette"  (hereinafter:  "the Office 
official gazette").  
 
(2) The applicat ion data to be published in the 
Office  official gazette  shall be prescribed by 
the Reg ulations. 
 
 
OPIN IONS  BY THIRD PARTIES  
Article 26  
(1) Follow ing the publ ication of an application for 
the registration of a trademark,  any natur al 
or legal p erson an d any group or body 
representing manuf acturers, provi ders of 
services, traders  or consumers, may submit 
to the Office, within  a period of three months 
from the date of  publicati on of the application 
for the registration of  a tradem ark, their 
written op inions, explaini ng, in particu lar, the 
grounds referred to in Article 5 pa ragraph ( 1) 
of this A ct. 
 
(2) The persons, group s or bodies referred to in 
paragraph (1) of this Article  shall not be 
considered parties to the p roceedi ngs. 
 
(3) The Office  shall send the opinio ns referred to 
in   paragraph   (1)   of   this   Article  to  the 
applicant for the registration of a trademark 
who may s ubmit his o bservation s thereon 
within 15 da ys as from the day  of receipt of  a 
copy of the o pinion.  
 
 
OPPOSITI ON 
Article 27  
(1) Within  a  period  of  three  months  from  the 
date of publication of an appl ication for the 
registrati on  of  a  tradem ark,  entitled  to  file 
with the Office  an opposition  to registration 
of the trademark, wh ich may be ba sed only 
on the grou nds for ref usal ref erred to in 
Article 6 of this A ct, shall be: 
 
1.  in  respect of Article  6 paragraphs (1) and 
(3) of this Act, the hol der of an earlier 
tradem ark  and  the  lic ensee  in 
accordan ce with  Article 39 parag raph (4) 
or (5) of this  Act, 
 
2.  the holder of any of the rights referr ed to 
in Article 6 pa ragraph (4) of this Act,  
 
3. the  person who had a firm within  the 
meani ng of Article 6  paragraph ( 6) of this 
Act, 4.  the holder of an earlier tradem ark within 
the meaning of  Article 6  paragraph (7) of 
this A ct. 
 
(2) If,   on   the   date   of   publication   of   an 
application,  the earlier trademark, on whi ch 
the oppo sition is based, is  subject to a 
pendi ng rev ocation procedure or a pe nding 
procedure  for  a  declaration  that  the 
tradem ark is invalid, the Office s hall suspend 
the oppo sition procedure until  the decision 
from the     earlier     initiated     revocati on 
procedure or the procedure for a declaration 
that  the  trademark  is  invalid  has  become 
final.  
 
(3) The time limit for filing the oppositio n, laid 
down  in paragraph (1) of this Article, shall 
not be exten ded, no r shall it be possi ble to 
submit, after  the expiry of  this time limit, 
addition s to the  opposition, which include 
subm issions of additional evidence and 
documentati on supporting the justificat ion of 
the grou nds specifi ed in the oppo sition.  
 
(4) The    opposition    shall    be    filed    under 
conditions and in the man ner as prescribed 
by the Regu lations.  
 
 
OPPOSITION  PROCEDURE  
Article 28  
(1) The   Office   shall   examine   whet her   the 
oppo sition  is filed by the person entitled  to 
file the opposition within the meanin g of 
Article  27 paragraph (1) of this  Act, whether 
the opposition is filed wit hin the prescribed 
time  limit  and  w hether  it  is  filed  as 
prescribed by  the Regu lations.  
 
(2) If the requi rements  set out in paragraph (1) 
of  this  Article  are  not  complied  wit h,  the 
Office shall rej ect the opp ositio n by  a 
decision. 
 
(3) If the requi rements  set out in paragraph (1) 
of this  Article are c omplied with, the Offi ce 
shall notify the applicant of the oppositi on as 
filed,  and shall  send hi m a copy  of the 
oppo sition, inviting him to submit h is 
observation s  on  the  op positio n  wit hin  60 
days  from the day of  receipt of  the 
notification.  
 
(4) The time limit referred to in paragraph (3) of 
this Article shall not be extende d, nor shall  it 
be po ssible to submit, after the expi ry of this 
time limit, additions  to the observation s on 
the opp ositio n, whi ch include subm issions of 
addition al evide nce an d documentation.  10  Trademarks  Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/ ***/****  
May 2018  
  
   
 
 
 
(5) If   the   applicant   does   not   submit   his 
observation s on the opp osition within the 
prescribed time limit, the requested 
registrati on of the tradem ark shall be re fused 
within  the limits  of the requests referred to in 
the oppo sition. 
 
(6) If the Office  considers it necess ary, it may 
provide for o ral hearings to be held in the 
oppo sition procedure.  
 
 
EXAMINATION OF THE OPPOSITION 
Article 29  
(1) If  the  applicant  for  the  registrati on  of  a 
tradem ark s ubmits  his observati ons on the 
oppo sition  within the prescri bed time limit, 
the Office  shall exami ne the justificatio n of 
the grou nds specifi ed in the oppo sition.  
 
(2) If  the  applicant  for  the  regis tration  of  a 
tradem ark so requ ests, the holde r of an 
earlier  trademark  who  has  filed  the 
oppo sition  to the registr ation shall furnish 
proof that,  during the period of five years 
preceding the date of p ublication of  the 
application, he has used the trad emark in the 
Republic of Cr oatia with in the meaning of 
Article  13 paragraphs (2), (3) and (4) of  this 
Act, for the  good s or services in r espect of 
which it is registered and which he cites as 
justificatio n for the oppo sition,  or he shall 
furnish pr oof that  there are justified r easons 
for non-use,   provid ed   that   the   earlier 
tradem ark h as, on the d ate of publ ication of 
the application for the registration of the 
tradem ark, been r egistered for not less than 
five year s. 
 
(3) If the holder does not prove the use of his 
tradem ark w ithin the mea ning of par agraph 
(2) of this Article,  the oppositi on shall be 
refused.  
 
(4) If the earlier  tradem ark has been used in 
relation  to  a  part  only  of  the  good s  or 
services for which it is registered it shall, for 
the purpo ses of the examination of  the 
oppo sition, be deem ed to be regi stered in 
respe ct only of  that part of  the goods or 
services. 
 
(5) If, in the examination procedure concerning 
the oppo sition, the Office finds that the 
oppo sition  is unjustified,  it shall be ref used 
and the decision to that effect shall be sent 
to the applic ant and to the oppo nent.  
 
(6) If, in the examination procedure concerning 
the oppo sition, the Office finds that the 
oppo sition  is justified,  the registrati on of the tradem ark shall be ref used or pa rtially 
grant ed, and the  decision to that effect shall 
be sent to the applicant an d to the oppo nent.  
 
 
WITHDRA WAL  OF THE APPLI CATION 
AND RESTRICTION  OF THE LIST  OF 
GOODS  OR SERVICES  
Article 30  
(1) The   applicant   for   the   registrati on   of   a 
tradem ark may at any time withdraw his 
application or restrict the list  of goods or 
services contained  therein. 
 
(2) If    the    application    has    already    been 
published, the withdrawal  of the application 
or restriction of the list of  good s or service s 
shall  be  published  in  the  Office  official 
gazette later on.  
 
 
AMENDM ENTS OF THE APPLIC ATION 
FOR  THE REGISTRAT ION OF A 
TRAD EMARK 
Article 31  
(1)   On  req uest  of  the  applicant  for  the 
registrati on of  a trademark or ex officio, 
amend ment s of the application can be made 
only in cases wh ere it is necessary to  correct 
the name or address of  the applicant, errors 
of wording or of copying, or  to correct some 
other  obvious mistakes, provid ed that s uch 
amend ment s do not requi re extens ion of the 
list of goo ds or s ervices.  
 
(2) The representation  of a sign that is applied 
for shall not be altered, except where it 
includes the name and addr ess of the 
applicant for the registration of a trade mark. 
In that case, on reque st of the applicant, an 
alteration, not  substantially  affecting the 
identity  of the sign as originally  entered in 
the reg ister, may be  entered in the regi ster. 
 
(3) If  the  application  for  the  regis tration  of  a 
tradem ark has already  been published, the 
amend ment s of the ap plicatio n sha ll be 
published in the Office  official gazette  later 
on, subject to the prior payment  of the 
prescribed proc edural c harges.  
 
 
REGIS TRATION  OF THE TRADEMARK  
Article 32  
(1) If   the   grounds   ref erred   to   in   Article   5 
paragraph (1)  and Article 6 of this Act do not 
constitute  a barrier  to the registratio n, the 
tradem ark s hall be ent ered in the trademark 
register, subject to the prior payment of the 11 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
procedural char ges for the maint enance of 
the  trad emark  for  the  f irst  ten -year  period 
and for the publ ication of the data on the 
tradem ark. 
 
(2) If the procedural charges referred to in the 
paragraph (1) of this Article are not paid, the 
application f or the regi stration of a trade mark 
shall be rejected by a dec ision. 
 
 
DIVISION  OF THE APPLICATION 
AND THE REGISTRAT ION Article 
33 
(1) Any   applica tion   or   a   registration   of   a 
tradem ark may  be, on request of  the 
applicant or the  holder of  the trademark, 
divided into two or sev eral applicatio ns or 
registrations  in  res pect  of  the  li st  of  the 
good s or ser vices covered by  the application 
or the r egistration.  
 
(2) The  divisional  applications  or  registrations 
shall maintain the priority right from the fir st 
application or the regis tration. 
 
(3) The procedure of division of an application 
or a registration shall be pr escribed by the 
Regulation s. 
 
(4) The data concerning divisio nal applications 
or  registrati ons  shall  be  entered  in  the 
register and publ ished in the Office  official 
gazette.  
 
 
PUBLICATION  OF THE TRAD EMARK 
Article 34  
(1) The data concerning a tradem ark shall be 
published in the  Office official gazette not 
later than within three months from the date 
of entry of the tradem ark in the reg ister. 
 
(2) The data to be published in the Office  official 
gazette  shall    be    prescribed    by    the 
Regulation s. 
 
 
TRADE MARK CERTIFICATE  
Article 35  
(1) On request of the holder  of a tradem ark, and 
subject  to  the  pri or  paym ent  of  the 
prescribed pr ocedural charges for the 
issua nce of the trademark certificate, the 
Office s hall issue the certificate to the holde r 
of the trade mark  not later than within three 
months  from the date of publ ication of the 
tradem ark in the Office official gazette.  (2) The data to be contai ned in the trademark 
certificate  shall   be   prescri bed   by   the 
Regulation s. 
 
 
AMENDM ENTS OF THE REG ISTRATION 
OF A TRADEMARK 
Article 36  
(1) On request of the holder  of a tradem ark or 
ex officio,  amendm ents of the registration of 
a trade mark  can be made only in cas es 
where it is n ecessary to co rrect the nam e or 
address  of the holder of the trade mark, and 
errors of w ording or of c opying, or to correct 
some othe r obvious  mistakes, provi ded that 
such amend ments  do not require extension 
of the list of good s or serv ices. 
 
(2) The representation  of a tradem ark shall not 
be altered du ring the period of registration or 
on renewal t hereof,  except where it includes 
the name an d address of  the holde r. In that 
case, on request of  the holder, an alt eration, 
not sub stantially affec ting the identity of the 
tradem ark  as   originally   entered  in  the 
register, may  be entered in the reg ister. 
 
(3) Where  the  registration  has  already  been 
published,  the  amendments  of  the 
registrati on shall be published in the Office 
official g azette later on, subj ect to the pri or 
payment  of   the   prescribed   procedural 
charges. 
 
 
VI. CHANGES  RELATING 
TO A TRADEMARK 
 
ENTRY  OF CHANG ES 
Article 37  
(1)   On  req uest  of  the  applicant  for  the 
registrati on of a trademark  or the holder of a 
tradem ark, the Office shall  enter in the 
register all the chan ges occurring after  the 
filing of the application for the registrati on of 
a tradem ark or after the regi stration of  a 
tradem ark, provided  that they  correspond to 
the real situation  and that they  do not affect 
the representation    of    the    registered 
tradem ark. 
 
(2) The   changes   entered   in   the   trade mark 
register  shall  be  published  in  the  Office 
official gazette. 
 
(3) The data to be contai ned in the request for 
the entry of  any chang e relating  to a 
tradem ark shall  be prescri bed by  the 
Regulation s. 12  Trademarks  Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/ ***/****  
May 2018  
  
   
 
 
 
TRANS FER OF RIGH TS 
Article 38  
(1) The holder of a trademark may transfer his 
tradem ark to other  persons in respect of 
some  or  all  of  the  goods  or  services  for 
which it is registered.  
 
(2) On request of one of the parties,  the transfer 
of rights shall be  enter ed in the register, if a 
certified copy of  the transfer  contract, or the 
certified pa rt of the con tract, or the or iginal 
certificate  of the transfer signed both by the 
former and the new holder of the right is 
submitted to t he Offi ce. 
 
(3)     The transfer of rights shall be published in 
the Office  official gazette and it shall have 
effect agai nst third parti es after the entry 
thereof in the  register. 
 
(4)  The  r equest  for  the  entry  of  the  transfer  of 
rights  in the regist er shall be  filed under the 
conditions and in the man ner as prescribed 
by the Regu lations.  
 
 
LICEN SE 
Article 39  
(1) A tradem ark may be licensed for some  or all 
of the good s or s ervices for wh ich it is 
registered an d for the w hole or a pa rt of the 
territory  of the Republic of  Croatia.  
(2) A license m ay be exclusi ve or non -exclusive. 
(3) The holder of a tradem ark may invoke the 
rights  conferred by the trademark against a 
licensee who c ontrave nes any provis ion of 
the  licensing  contract  with  regard  to  its 
durati on,    the    form    covered    by    the 
registrati on in whi ch the t rademark m ay be 
used, the scope of the goods or services for 
which the license is grant ed, the terri tory in 
which the tradem ark may be affixed, the 
quality  of the good s manufactur ed or of the 
services provided by the licensee.  
 
(4) Without  prejudice  to  the  provisions  of  the 
licensing contract,  the holder of a non- 
exclusive license may  institute  proceedings 
for the infrin gement  of a trademark only if 
the  holde r  of  the  tradem ark  consents 
thereto.  
 
(5) Without  prejudice  to  the  provisions  of  the 
licensing cont ract, the hol der of an excl usive 
license may institute  proceedings for the 
infring ement of  a tradem ark, if the holder of 
the trademar k, after a formal  notice, does 
not himself       institute       infrin gement 
proceedings within an appropriate p eriod. (6) On request of one of the parties,  the license 
shall be entered in the register,  if a certified 
copy of the licen sing contract, or the c ertified 
part of the contract,  or the origi nal certificate 
of granting the license s igned  both by the 
licensor and the licensee is submitted to the 
Office. 
 
(7) If the prescr ibed fee and procedural charges 
are paid, the license shall be published in 
the Office  official g azette,  and it shall have 
effect agai nst third parti es after the entry 
thereof in the  register. 
 
(8) The request for the entry  of the license in the 
register s hall be filed un der the cond itions 
and in the manne r as pr escribed by the 
Regulation s. 
 
 
RIGH TS IN REM  AND LEVY OF EXECUT ION 
Article 40  
(1) A trademark  may be subject to the rights  in 
rem an d levy of execution.  
 
(2) On reque st of one of the parties,  the rights in 
rem and levy of executi on shall be  entered in 
the reg ister. 
 
(3) Rights in rem and levy of executi on shall be 
published in the  Office  official gazette and 
shall have effect  against third parties after 
the entry thereof in the regi ster. 
 
(4) The request for the entry of the rights  in rem 
or levy of executi on in the register s hall be 
filed unde r the conditions and in the manne r 
as prescribe d by the Regul ations.  
 
 
BANKRUP TCY PROCE EDINGS  
Article 41  
Where a tradem ark is involved in bankr uptcy 
proceedings, on req uest of the compet ent authority 
an indication to that effect  shall be entered in the 
register and published.  
 
RIGH TS CONFER RED BY AN APPLICATION  
Article 42  
Article s 38 to 41 of  this Act shall also apply to 
applications for the r egistration of a trad emark.  
 
VII. DURATION,  RENEWAL  AND  CEAS ING 
OF EFFEC TS OF A TRADEMARK 
 
PERI OD OF PROT ECTION 
Article 43  
The period of protection of a registered tradem ark 
shall last ten years  counti ng from the date of filing 13 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
of   the   application   for   the   registration   of   a 
tradem ark. 
 
RENE WAL OF THE REGISTRAT ION 
OF A TRADEMARK 
Article 44  
(1)     The  registration  of  a  trademark  may  be 
renewed indefinite num ber of tim es, for the 
periods of ten years e ach, provide d that the 
holde r of the trademark  files with the Office  a 
request for renewal  of the registrati on of the 
tradem ark and pays  the prescrib ed fee and 
procedural charges in the cou rse of the last 
year of the ten- year period of protection.  
 
(2) The request for renewal of the registration of 
a tradem ark may be sub mitted and t he fee 
and procedu ral charges  paid within the 
addition al period of six m onths foll owing the 
expiry of the peri od ref erred to in parag raph 
(1) of this Article, in which case  the amount 
of the   prescribed   fee   and   procedural 
charges shall  be doubl ed. 
 
(3) The new period of protection shall begin with 
the day of expiry of the previou s ten-year 
period. 
 
(4) The request for renewal of the registration of 
a trademark may  be filed with  the Office  by 
the holder of the trademark or a pe rson 
expressly au thorized by h im. 
 
(5) Where   the   request   for   renewal   of   the 
registrati on of a trademark is filed in respect 
of only of some of the goods o r services f or 
which the trademark  is reg istered, the 
registrati on  shall  be  renewed   for   those  
good s or services only.  
 
(6) The   renewal   of   the   registration   of   a 
tradem ark shall be entered  in the register 
and pu blished in the Office official ga zette. 
 
(7) If   the   registration   is   not   renewed,   the 
tradem ark shall cease to have effect  from 
the day of expiry of t he period of prot ection. 
 
(8) The data to be contai ned in the request for 
renewal of  the registrati on of a trademark 
shall be prescribed by the Reg ulation s. 
 
 
SURR ENDER OF THE TRAD EMARK 
Article 45  
(1) The holder of a tradem ark may surrende r 
the trade mark  in respe ct of some  or all of  the 
good s or services  for which it is registered 
by a written declaration.  (2) If a license  has been entered in the register, 
the s urrende r of the trade mark shall on ly be 
enter ed in the register if the holder of the 
tradem ark proves  that he has  informed the 
licensee of his  intention to  surrender the 
tradem ark. 
 
(3) On the basis of the declaration of surrender, 
the tradem ark shall cease to have  effect  on 
the day the holde r has submitt ed the 
declaration of surren der. 
 
 
REVOCA TION OF A TRAD EMARK 
Article 46  
(1) The request for revocation of a trademar k 
may be filed with  the Office  by any natural or 
legal p erson.  
 
(2) A  trademark  may  be  revoked  if,  within  a 
conti nuous period of  five years,  it has not 
been put to genui ne use in the Republic of 
Croatia in relation to the goods or serv ices in 
respe ct of which  it is registered, and there 
are no j ustified rea sons for non-use. 
 
(3) A tradem ark may also be revoked if, after 
the date on which it w as registered,  
 
1. in consequence of acts or  inactivity of the 
holde r, it has become a c ommon name in 
the trade for products or  services in 
respe ct of w hich it is reg istered,  
 
2. in conseq uence of the use made of it by 
the holder of the tradema rk or with h is 
author ization, in respe ct of the goods or 
services for wh ich it is regist ered, it is 
liable  to mislead the public, particul arly as 
to the nature, quality or geog raphi cal 
origin of thos e good s or services. 
 
(4) The request for revocation of a trademark 
shall be  filed und er conditions and in the 
manne r as prescri bed by the R egulati ons. 
 
 
PROCEDU RE CONCERNING THE 
REQUEST  FOR  REFUSAL  OF A 
TRAD EMARK 
Article 47  
(1) The   Office   shall   examine   whet her   the 
request for revocation of a tradem ark is filed 
in accordance with Article 46 of this A ct. 
 
(2) If the reques t for revocation of a trademark 
is filed bef ore the expiry of  a period of five 
years  from the registration of  the trademark 
the revocati on of which is requ ested, an d if it 
is not filed on the grounds specified in Article 14  Trademarks  Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/ ***/****  
May 2018  
  
   
 
 
 
46 paragraph s (2) and (3), the Office  shall 
reject the req uest by a de cision.  
 
(3) If the reques t for revocation of a trademark 
is not filed as prescribed by the  Regulat ions, 
the Office  shall invite  the person who filed 
the request to remedy  the deficien cies in the 
request  within  60  days  from  the  day  of 
receipt of the invitation.  
 
(4) If  the  person  who  filed  the  request  for 
revocation of a trademark does not, within 
the prescribed time limit, comply with the 
invitation  sent by the Office  and does not 
remedy the deficie ncies in the request within 
the meaning of  parag raph (3)  of this Article, 
the requ est shall be rej ected by a dec ision. 
 
(5) If the requi rements  set out in paragraph (1) 
of this  Article are c omplied with, the Offi ce 
shall notify the holder of the tradem ark of  the 
request for revocati on of the trademark as 
filed,  and shall  send hi m a copy  of the 
request, i nviting him to subm it his 
observation s on the reque st within 60 days 
from the day of recei pt of the invitation.  
 
(6) On  request,  the  time  limits  laid  down  in 
paragraph s (3) and (5) of this  Article may be 
extended for  not more tha n 60 days.  
 
(7) If the holder of the trademark  in respect of 
which the r evocation  is reque sted do es not 
submit  his  observation s  on  the  request 
within  the    prescribed    time    limit,    the 
tradem ark s hall be rev oked for those g oods 
or services in respect of whi ch the r equest 
was filed.  
 
(8) If the Office  considers it necess ary, it may 
provide  for oral hearing to be held in the 
revocation procedure.  
 
 
EXAMINATION OF THE REQUEST  FOR 
REVOCATION  OF A TRAD EMARK 
Article 48  
(1) If the holder of the trademark  in respect of 
which the revocation is reque sted submits 
his observations  on the reque st within the 
prescribed  time  limit,  the  Office  shal l 
examine the justificati on of  the grounds 
specified in  the request for revocation of  the 
tradem ark. 
 
(2) In the exami nation procedure concerning the 
request for revocati on of a trademark the 
Office may invite the parties  to submit 
addition al evidence,  documentation an d 
observation s within  60 days from the da y of 
receipt of the invitation.  (3) On  request,  the  time  limit  laid  down  in 
paragraph  (2)  of  this  Article  may  be 
extended for  not more tha n 60 days.  
 
(4) If  the  party  in  the  proced ure  does  not 
respon d to the invitation referred t o in 
paragraph (3) of this Article withi n the 
prescribed  time limit, the Office  shall make a 
decision on the basis of the facts available 
from the         previou sly         submitted 
documentati on. 
 
(5) It may not be requested that a tradem ark be 
revoked wher e genui ne use of the trade mark 
has been s tarted or resumed during the 
interval  between  expiry  of  the  five-year 
period of non-use and filing of the request 
for revocation.  
 
(6) The comm encement or resumption of use 
within  a period of three months  precedi ng 
the filing of the request for revocation, which 
bega n, at the earliest, on expiry  of the 
conti nuous period of  five years of  non-use, 
shall be disregarded if preparation s for the 
commencement or r esumption occ ur only 
after the holder be comes aw are tha t the 
request for  revocation may  be filed.  
 
(7) If, in the examination procedure concerning 
the request for revocation of a tradem ark, 
the Office   finds    that   the    requ est    i s 
unjustified, the req uest shall be ref used an d 
the decision to that effect shall  be sent to the 
person w ho has  filed the requ est and to the 
holde r of the trade mark  in respect of which 
the revocation is reques ted. 
 
(8) If, in the examination procedure concerning 
the request for revocation of a tradem ark, 
the Office  finds that the reque st is justified, 
the trademark shall be revok ed in full or 
partially  and the decision to that effect  shall 
be sent to the person who has filed the 
request an d to the holde r of the trade mark in 
respe ct of w hich the rev ocation is r equested.  
 
(9) When  a  trademark  is  revok ed  it  shall  be 
deem ed that its effects  ceased on the date 
of the filing of the reque st for rev ocation. 
 
(10)   The  revocation  of  a  trademark  shall  be 
enter ed in t he regi ster and publ ished in the 
Office offi cial gazette.  15 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
DECL ARATION THAT THE 
TRADEMARK IS INVALID 
Article 49  
(1) The  procedure  for  a  declaration  that  a 
tradem ark is invalid  shall be  carried out by 
the Office. 
 
(2) If   the   trade mark   was   not   registered   in 
accordan ce with the provisio ns of Article  3 
(1)  and   Art icle   5   ( 1)   of   this   Act,   the 
procedure for a dec laration that  a trademark 
is invalid may be initiated  ex offic io, on 
request of the state attor ney or on r equest of 
an inter ested person.  
 
(3) On the grounds specified in Article  6 of this 
Act, which shall also apply to  the procedure 
for a dec laration that a tradem ark is invalid, 
the procedure for a declaration that a 
tradem ark is i nvalid may be initiated:  
 
1. within   the   meani ng   of   Article   6 
paragraph s (1) a nd (3) of this Act, on 
request of the holde r of an earl ier 
tradem ark  and  the  licensee  in 
accordan ce with  Article 39 parag raph (4) 
or (5) of this  Act, 
 
2.  on request of the holder of any of the 
rights  referred to in Article 6 paragraph 
(4) of this A ct, 
 
3.  on request of the person who had a firm 
within  the meaning of  Article  6 paragrap h 
(6) of this A ct, 
 
4. on request of the holde r of an earlier 
tradem ark referred to in  Article 6 
paragraph (7) of this Act.  
 
(4) Where a trademark  has not been registered 
in acc ordance with t he provisions of Art icle 5 
paragraph ( 1) items 2,  3 or 4 of this Act,  it 
may only be dec lared invalid if the procedure 
for a de claration that the tradem ark is in valid 
has  been  initiated  within  a  period  of  ten 
years from t he date of regi stration.  
 
(5) A tradem ark may not be declared invalid on 
the ground s of an earlier tradem ark with  a 
reputati on if the  earlier tradem ark has not 
acquired the reputation within the meaning 
of Article  6 paragraph (3) of this Act up to 
the   date   of  priority   right   of   the   later 
tradem ark. 
 
(6) Where the holder  of the right referred to in 
paragraph ( 3) of this Article has p reviously 
filed a request for a declaration that a 
tradem ark is invalid,  he may not file a ne w 
request for a dec laration that a tradem ark is 
invalid  on the basis of any other  of the said rights  which  he  could  have  invok ed  in 
support of his first requ est. 
 
(7) If, on the date of filing of the request  for a 
declaration that a tradem ark is invali d, the 
earlier trad emark on wh ich the requ est is 
based is subject  to a pending revocation 
procedure or a pendi ng pr ocedure for  a 
declaration that the trade mark is invalid, the 
Office s hall sus pend the p rocedu re until the 
decision from the earlier initiated  revocation 
procedure or the procedure for a declaration 
that  the  trademark  is  invalid  has  become 
final.  
 
(8) The   request   for   a   declaration   that   a 
tradem ark is invalid  shall be filed unde r the 
conditions and in the man ner as prescribed 
by the Regu lations.  
 
 
PROCEDU RE CONCERNING THE 
REQUEST  FOR  A DECLARATION  THAT 
A TRADEMARK  IS INVALID  
Article 50  
(1) The   Office   shall   examine   whet her   the 
request for a dec laration that a tradem ark is 
invalid  is filed in accordance with  Article  49 
paragraphs (3), (4), (5), (6) and (8) of this 
Act. 
 
(2) If  the  request  for  a  declaration  that  a 
tradem ark  is  invalid  is  not  filed  in 
accordan ce with Article 49 paragraphs (3), 
(4) and (6) of this  Act, the Office shall rejec t 
the requ est by a decis ion. 
 
(3) If  the  request  for  a  declaration  that  a 
tradem ark is invalid is not filed as pr escribed 
by the Regul ations,  the O ffice shall  invite  the 
person who filed the request to remedy the 
defici encies in the r equest within 60 days 
from the day of recei pt of the invitation.  
 
(4) If the person who filed the request does not, 
within  the prescri bed time limit, comply with 
the invitation sent by the Office and does  not 
remedy the deficie ncies in the request within 
the meaning of  parag raph (3)  of this Article, 
the requ est shall be rej ected by a dec ision. 
 
(5) If the requirements  set out in Article 49 of 
this Act are complied with,  the Office shall 
notify  the holder of  the c ontested trademark 
of the initiated procedure for  a de claration 
that the trademark  is invalid, and shall sen d 
him a copy of  the req uest, inviting  him to 
submit  his  observation s  on  the  request 
within  60 days from the day of receipt  of the 
invitation.  16  Trademarks  Act and 
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(6) On  request,  the  time  limits  laid  down  in 
paragraph s (3) and (5) of this  Article may be 
extended for  not more tha n 60 days.  
 
(7) If  the  holder  of  the  contested  trademark 
does not s ubmit his observation s on the 
request for a declaration that the trade mark 
is invalid wit hin the prescr ibed time limit, the 
tradem ark s hall be decl ared invalid for those 
good s or services in respect of which the 
procedure w as initiated.  
 
(8) If the Office  considers it necess ary, it may 
provide  for oral hearing to be held in the 
procedure concerni ng the request for a 
declaration that a tradem ark is invalid.  
 
 
EXAMINATION OF THE REQUEST 
FOR  A DECLARATION THAT  A 
TRADEMARK IS INVALID  
Article 51  
(1) If  the  holder  of  the  contested  trademark 
submi ts his observatio ns on the request for 
a  declaration  that  a  trademark  is  invalid 
within the pres cribed time limit, the Offic e 
shall exami ne the justification of the ground s 
specified in t he requ est. 
 
(2) Where a trademark  has not been registered 
in accordan ce with Article 3  parag raph (1) 
and Article 5 paragraph (1)  of this Act, the 
tradem ark shall be declared invalid only if 
the groun ds   for   a   declaration   that   a 
tradem ark  is  invalid  still  exist  at  the  time 
when the decision on the reque st for a 
declaration that a t rademark is invalid is 
made.  
 
(3) Where a trademark  has not been registered 
in accordan ce with Article 5  parag raph (1) 
items 2, 3 o r 4 of this A ct, it shall n ot be 
declared  invalid  if  the  holder  of  the 
tradem ark proves  that the trademark has, 
after the registration and followi ng the use, 
which ha s been mad e of  it, acquired a 
distin ctive character in respect  of the goods 
or services f or which it is r egistered.  
 
(4) A tradem ark may not be declared invalid if 
the hol der of t he right ref erred to in Art icle 49 
paragraph  (3)  of  this  Act  cons ented 
expressly  to  the  registration  of  that 
tradem ark b efore filing  of the requ est for a 
declaration that a tradem ark is invalid.  
 
(5) A tradem ark may not be declared invalid on 
the ground that there is an earlier confl icting 
tradem ark if this earlier trademark do es not 
comply  with the requirements of use set out 
in Article 13 paragraph s (2) to (4), provided that the earli er tradem ark has, on the da te of 
filing the re quest for a declaration t hat a 
tradem ark is invalid,  been regi stered for not 
less than five years.  
 
(6) If the earlier  tradem ark has been used in 
relation  to  a  part  only  of  the  good s  or 
services for which it is registered it shall, for 
the purpo ses of the examination of  the 
request for a dec laration that a tradem ark is 
invalid,  be cons idered to be regi stered in 
respe ct only of  that part of  the goods or 
services. 
 
(7) In the exami nation  procedure concerning  the 
request for a dec laration that a tradem ark is 
invalid the Offi ce may invite the parties  to 
submit addit ional evide nce, documentation 
and  ob serva tions  within  60  days  from  the 
day of recei pt of the invitation.  
 
(8) On  request,  the  time  limit  laid  down  in 
paragraph  (7)  of  this  Article  may  be 
extended for  not more tha n 60 days.  
 
(9) If  the  party  in  the  proced ure  does  not 
respon d  to  the  invitation  within  the 
prescribed  time limit, the Office  shall make a 
decision on the basis of the facts ava ilable 
from the ea rlier s ubmitted documentati on. 
 
(10) If, in the examination procedure  concerning 
the request   for   a   declaration   that   a 
tradem ark is invalid,  the Office  finds  that the 
request is unjustified,  the reque st shall be 
refused and the decision to that effect shall 
be sent to the person who has filed the 
request and to the holder of the contested 
tradem ark. 
 
(11) If, in the examination procedure  concerning 
the request   for   a   declaration   that   a 
tradem ark is invalid,  the Office  finds  that the 
request is justified, the tradem ark sh all be 
declared in valid in full or partially, and the 
decision to that effect s hall be sent  to the 
person w ho has  filed the requ est and to the 
holde r of the cont ested tr ademark. 
 
(12)   Wh ere a tr ademark is declared invali d, the 
effects  of that tradem ark shall  be considered 
to have  been invalid as from the day of filing 
the application  for the registration of the 
tradem ark. 
 
(13)  The declaration that a trademark is invalid 
shall be   entered   in   the   register   and 
published in t he Office official gazette.  17 May 2018  
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THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
PARTIAL  REFUSAL  OF REGIS TRATION  OF 
A TRADEMARK,  REVOCATION  OF A 
TRADE MARK OR DECLARATION THAT  A 
TRADEMARK IS INVALID  
Article 52  
Where the ground s for refusal of the r egistrati on of 
a trademark or for revocation of a trademark  or for 
a declaration that  a trade mark  is invalid exist in 
respe ct of only some of  the goods or servic es for 
which the tradem ark has been app lied for or 
registered,  refusal  of the registration or revocati on 
or the d eclaration that a t rademark is invalid shall 
cover tho se goods or serv ices only.  
 
VIII. COLLECTIVE AND 
GUARANTEE MARK  
 
COLL ECTIVE MARK 
Article 53  
Any sign wit hin the meaning of Article 2 of  this Act, 
which is ind icated as such in the applic ation for the 
registrati on of a trademark,  and which is ca pable of 
distin guishing  the   goods   or   services   of   the 
memb ers or partner s of a certai n legal person from 
the goods or services of other und ertakings, and 
which is i ntended f or collective de signation of the 
good s or servic es put on the m arket by the 
memb ers or the partners of that  legal person,  may 
be prot ected as a coll ective mark.  
 
GUARANTE E MARK 
Article 54  
Any sign wit hin the mea ning of the Article 2 of this 
Act, which serves  to designate the quality, origin, 
manne r of pr oduction, or other common 
characteristics of the goods or services of the 
unde rtakings that  are under the supervision  of the 
holde r of a tradem ark and use that  trademark,  may 
be prot ected as a gu arantee mark.  
 
SPECIAL  PROVIS IONS  ON COLL ECTIVE 
MARKS AND GUARAN TEE MARKS Article 
55 
(1) The    provis ions    of    this    Act    and    the 
Regulations shall al so apply to collective 
marks  and guarant ee marks,  unless this part 
of the Act pr ovides othe rwise. 
 
(2) By way of derogation  from the provis ion of 
Article 5  paragr aph (1) item 3 of this Act, 
signs or  indication s wh ich may s erve, in 
trade,  to de signate the geographical or igin of 
the goods or services may be protect ed as a 
collective mark.  (3) The mark referred to in paragraph (2) shall 
not entitle the holder to prohibit  a third party 
to use in the cour se of trade si gns or 
indicatio ns specifi ed in pa ragraph (2) of this 
Article, provided that he us es them in 
accordan ce with  established  and honest 
practices in industrial or commercial ac tivity. 
In  particular,  such  a  mark  may  not  be 
invok ed against a third party who is entitled 
to use a ge ographi cal name. 
 
 
PERSONS  WHO  MAY  BE HOLDERS 
OF A COLLECTIVE  MARK 
Article 56  
The holde r of a coll ective mark  or the applicant  for 
the registration of a coll ective mark  may be legal 
person s a nd ass ociatio ns of man ufacturers, 
provider s  of  serv ices,  or  trade rs,  which  may,  in 
their own name,  assu me obligation s and exerc ise 
rights,  make contr acts or perform other  legal 
actio ns. 
 
 
CONT RACT  ON A COLLECTIVE  MARK  
Article 57  
A contract o n a coll ective mark shall be filed wit h 
the applicati on for the registration  of a coll ective 
mark and s hall contain: the list of names of the 
person s authorized  to use the collective mark,  the 
conditions  of  memb ership,  the  conditi ons 
governi ng s uch use an d provisi ons relating to the 
infring ement of  rights in the case of  misuse of the 
collective mark, or the breach of  the provisio ns of 
the con tract. 
 
USE OF COLLECTIVE  MARKS  
Article 58  
Any person who ha s been authorized to use a 
collective mark shall  be entitled  to use it,  provided 
that all the r equirement s, wh ich this Act prescribes 
with re gard to the use of trade marks, are c omplied 
with. 
 
 
AMENDMENTS OF THE CONTR ACT 
GOV ERNING  A COLL ECTIVE  MARK 
Article 59  
(1) The holder of a collective mark  must  submit 
to the Office  all the amendm ents of  the 
contract relat ing to the use of the coll ective 
mark.  
 
(2) Amendm ents of the contract  governing the 
use of the collective  mark shall have effect 
against third parti es after the entry thereof in 
the reg ister. 18  Trademarks  Act and 
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IX. PRO TECTION  OF TRAD EMARKS 
UNDE R THE MADRID AGREEMENT 
CONCERNING THE INTERNAT IONAL 
REGIS TRATION  OF MARKS  AND THE 
PRO TOCOL  RELATING  TO THE MADRID 
GREEME NT 
 
SPECIAL  PROVIS IONS  ON 
INTERN ATIONAL  REG ISTRATIO NS OF 
MARKS  
Article 60  
The provis ions of this Act and the R egulatio ns on 
Trademarks  shall  apply  to  internati onal 
registrati ons of marks t he protecti on of whi ch 
extends  to the territory  of the Repu blic of Croatia 
unde r the Madr id Agreement  Concerning the 
Internation al  Registration  of  Marks  (herei nafter: 
"the Madrid Agreement") and the Protocol Relating 
to the Ma drid A greement C oncerni ng the 
Internation al  Registration  of  Marks  (herei nafter: 
"the Protocol"), in all the matters not regulat ed by 
these treati es, unless this part  of the Act provide s 
otherwise.  
 
FILING  OF THE APPL ICATION  FOR  THE 
INTERN ATIONAL  REG ISTRATION  OF A 
MARK  AND THE REQUEST  FOR 
RECORDIN G OF A CHANGE  IN THE 
INTERN ATIONAL  REG ISTER  
Article 61  
(1) An     application     for     the     international 
registrati on of a mark and requ ests for 
recording of a chan ge in the International 
Register shall be filed with  the Office  as 
prescribed by the  Madr id Agreement , the 
Protocol,  the  Comm on  Regulati ons  under 
the Madr id   Agreem ent   Concerning   the 
Internation al Reg istrati on of Marks  and the 
Protocol  (herei nafter:      "the      Commo n 
Regulation s") and this Act and the 
Regulation s. 
 
(2) If   the   application   for   the   international 
registrati on of  a mark or  a req uest for 
recording of a chan ge in the International 
Register is not filed as pr escribed by the 
Madr id Agreement, t he Protocol, the 
Com mon Regulation s  and the Regulations 
on Trademarks, the Office  shall invite the 
applicant or the person w ho filed the request 
to remedy the deficiencies in the ap plication 
or the req uest within  30 days from the day of 
receipt of the invitation.  (3) On  request,  the  time  limit  laid  down  in 
paragraph  (2)  of  this  Article  may  be 
extended for  not more tha n 60 days.  
 
(4) If   the   application   for   the   international 
registrati on of a mark  is filed in accordance 
with paragraph (1) of  this Article and if the 
prescribed fee and proc edural charge s are 
paid, the Office s hall tra nsmit the application 
to the International Bureau of  the W orld 
Intellectual  Prop erty          Organization 
(hereinafter: "the Internati onal Bur eau").  
 
(5) If    the    applicant    for    the    international 
registrati on of a mark  or the person who filed 
the request for recordi ng of  a change in the 
Internation al Reg ister does  not, within  the 
prescribed time limit, comply with the 
invitation s ent by the Office, an d does not 
remedy the found deficie ncies within the 
meani ng of paragraph (2) of  this Article , the 
application  or the request shall be rejected 
by a dec ision. 
 
 
FEES  
Article 62  
All the fees payable unde r the Madrid Agreem ent 
and the Protocol s hall be paid directly to the 
International Bureau.  
 
ENTRY  IN THE TRADEMARK REGISTER  
Article 63  
The date and  number of the internati onal 
registrati on of a mark shall  be entered in the 
tradem ark register  kept by the  Office,  provided that 
the internat ional application r esulted in the 
registration.  
 
REFUSAL  OF PROTECTION  TO THE 
INTERN ATIONAL  REG ISTRATION  OF A 
MARK 
Article 64  
For the hold er of an inter national reg istration of a 
mark   the   time   limit   laid  down   in   Article   24 
paragraph ( 2) of this Act shall be repl aced by the 
time limit of four months as  from the date of the 
notification of  refusal.  
 
OPPOSITION  TO THE INTERNAT IONAL 
REGIS TRATION  OF A MARK 
Article 65  
(1) For     the     purpo ses     of     international 
registrati ons of marks unde r the Madr id 
Agreem ent and the Protocol, the publication 
of the application prescribed in Article 25 of 
this Act shall be replaced by the publication  19 May 2018  
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in the official gazette of interna tional 
registrati ons of marks  published by the 
Internation al Bur eau (hereinafter: the 
internati onal official g azette). 
 
(2) The time limit for filing the oppo sition  to an 
internati onal regi strati on of a mark shal l run 
from the first day of the month follow ing the 
month i ndicated on the editi on of the 
internati onal official gazette  in wh ich such 
mark h as bee n publ ished. 
 
(3) In the procedure concerning the oppo sition 
to an inter national regis tration of a mark, the 
Office,  in accordan ce with  the Madr id 
Agreem ent or the Protocol, shall  send to the 
holde r of the international regi stration of  a 
mark  a notification of  provisional ref usal on 
the basis of the oppo sition and shall invite 
him to appoint a representative who shall, 
within  four months  from the date of the 
notification of refusal,  file with  the Office a 
power  of attorney.  A copy of  the oppos ition 
shall be sent  to the representative after filing 
of the power of attorney. The time lim it for 
submitting  the     obser vations     on     the 
oppo sition  is 60 days from the day of receipt 
of the copy of the opposition  by the 
representati ve. 
 
(4) The time limits referred to in paragraph (3)  of 
this Article  shall not be extende d. 
 
 
OPPOSITION  AND  THE PROCEDURE  FOR 
A DECL ARATION  THAT A TRADE MARK IS 
INVALID  ON THE BASIS OF AN 
INTERN ATIONAL  REG ISTRATION  OF A 
MARK 
Article 66  
If, on the basis  of an international registration of a 
mark,  an opposition pr ocedure or  the procedure for 
a declaration that  a tradem ark is invalid  is initiated, 
for the pu rposes of provi ng the use of a mark, the 
date of the registration  shall be considered to be 
the date on whi ch the period according to Article 5 
paragraph (2)  of the Madr id Agree ment or  Article 5 
paragraph ( 2) subparagraph ( a) of the Protocol 
expired or, if the granting or  oppositi on procedures 
have not yet been con cluded on that date, the date 
of the notification con cerning the final de cision of 
the Office  on the grant  of prot ection, sent to the 
International Bureau.  DECL ARATION THAT AN INTERNATIONAL 
REGIS TRATION  OF A MARK  IS INVALID  
AND REVOCATION  OF AN INTERNATIONAL 
REGIS TRATION  OF A MARK 
Article 67  
(1) In the proced ures concerning the request for 
a declaration     that     an     international 
registrati on of  a mark  is invalid  and the 
request for revocation of an internat ional 
registrati on of a mark,  the Office  shall notify 
the holder of the internat ional registrati on of 
a mark of the r equest and invite hi m to 
appoi nt a representative who,  within  60 days 
from the date of  receipt  of the invitation,  has 
to file with the Offi ce a power of attorne y. 
 
(2) The time limit referred to in paragraph (1) of 
this Article  shall not be extende d. 
 
(3) A copy  of the request shall be sent to the 
representati ve after filing of the power of 
attorney.  The time limit for  submitting  the 
observation s on the r equest is 60 days from 
the day of receipt of the copy of the r equest 
by the representative.  
 
(4) On  request,  the  time  limit  laid  down  in 
paragraph  (3)  of  this  Article  may  be 
extended for  not more tha n 60 days.  
 
(5) In   the   procedure   for   revocati on   of   an 
internati onal regi strati on of a mark,  for the 
purposes  of proving the use of a mark, the 
date of registration shall  be considered to be 
the date s pecified in Article  66 of this Act.  
 
 
X. COMMON  PROVIS IONS  RELATING  TO 
THE PROCEDURE  BEFORE  THE OFFICE  
 
OTH ER REGULAT IONS  APPLI ED IN THE 
PROCEDURE  BEFORE  THE OFFICE 
Article 68  
The Act on the General Administrative Procedure 
shall apply  to particula r matters re lating to the 
procedure, not regulat ed by this Act.  
 
FEES AND PROCEDURAL  CHARGES  
Article 69  
(1) The procedures prescribed by this Act shall 
be subj ect to the pay ment of fees and 
procedural charges in complia nce with the 
special provisions.  
 
(2) If the fees or procedu ral charges referred to 
in paragraph (1)  of this Article have  not been 
paid,  an application  or a requ est sh all be 
rejected,  and in  the case of  non-payment of 
the approp riate fee or procedural  charges for 20  Trademarks  Act and 
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May 2018  
  
   
 
 
 
the renewal of a tradem ark, the trademark 
shall l apse. 
 
 
CERTIFI CATE OF PRIORITY  RIGHT  
Article 70  
On req uest of the applicant for the regi stration of  a 
tradem ark or the holder o f a trademark, and aft er 
the pr escribed fee and proc edural c harges have 
been paid,  the Office s hall issue  a certificate of 
priority right.  
 
TRADE MARK REGISTER 
Article 71  
(1) The Office  shall keep the tradem ark register, 
which contai ns the data, t he entry of whi ch is 
prescribed by  this Act and the R egulati ons. 
 
(2) Any person  shall be entitled to inspect the 
tradem ark register.  
 
(3) On  req uest  of  any  interested  pe rson,  and 
after the prescri bed fee and procedural 
charges hav e been paid, the Office shall 
issue  the extract  and the printout  from the 
tradem ark register.  
 
 
OFFICIAL  GAZETTE  
Article 72  
The Office shall publ ish the official  gazette 
contai ning all the  data the publ ication of  which is 
prescribed by  this Act and the R egulati ons. 
 
SEARCH  
Article 73  
On the req uest of any interested pers on, the Office 
shall c arry out identity  and similarity searche s of 
appli ed for an d regi stered trade marks h aving effect 
in the Rep ublic of Croatia.  
 
REPRES ENTATION  BEFORE  THE OFFICE  
Article 74  
(1) Natural   or   legal   persons   not   having   a 
domici le nor a real and effective  industrial or 
commercial  principle place of business in the 
Republic of Croatia may exerc ise righ ts 
arising  from  this  Act  in  the  procedures 
before the Office only through authorized 
representati ves. 
 
(2) Gene ral  principles  of  representati on,  and 
special condi tions  under whi ch the persons 
specified in paragraph (1) of this Article may 
exerc ise rights arising from this Act shall be 
regul ated by spe cial regu lations.  XI. CIVIL  PROTECTION  
 
ACTION  CONCE RNING THE 
INFRI NGEMENT  OF RIGHTS 
Article 75  
(1) The  holder  of  a  tradem ark,  if  his  rights 
referred to in Article  7 of this Act have been 
infring ed or threat ened to be infringed, may, 
by instituting an action, requi re from the 
competent c ourt: 
 
1. establ ishment of the existe nce of the 
infring ement  of a tradem ark, 
 
2. prohibition of  the com mitted  or intende d 
infring ement  of a tradem ark, 
 
3. elimination  of a conditi on cau sed by the 
committed in fringement of a tradem ark, 
 
4.  orde ring to the defen dant to inform  of the 
identity of third pe rsons involved in t he 
production  and  distr ibution  of  the 
infringin g goods or  services  and of  their 
channels of d istributio n. 
 
5.  compensation for dam age, 
 
6. publication of the court decision at t he 
expen se of the defend ant. 
 
(2) The imitation  of a tradem ark, as well as the 
use of  a col lective  mark and a gu arantee 
mark   contr ary   to   the   contract   on  the 
collective mark or guarantee mark, shall also 
be considered to be the infringe ment of  a 
tradem ark w ithin the mea ning of par agraph 
(1) of this Arti cle. 
 
(3)     The   proceedings   concerning   the   action 
within  the meaning of pa ragraph (1) of this 
Article shall b e urgent. 
 
 
REQUEST  FOR  THE DESTR UCTION 
Article 76  
(1) On the reques t of the plaintiff,  the court may 
order  the  destructi on  of  the  objects 
unlawfully  designated by a tradem ark, wh ich 
are in the po ssession of a defend ant. 
 
(2) The court  shall decide whether  the objects 
unlawfully  designated by a tradem ark are to 
be destroyed, ma de unrecogni zable or used 
in any other  way. 
 
 
LIMITATION  OF ACTIONS  
Article 77  
The action con cerning the infrin gement of a 
tradem ark may be br ought within  three years  from 
learni ng about the infrin gement  and the infrin ger, 21 May 2018  
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THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
and not later than within five years  as from the 
commitment  of the infringement.  
 
PROVISIONAL  MEASURES  
Article 78  
(1) If the holde r of a trademark makes  it likely 
that his right has  been infringed or  that there 
is a likelihood of infringement  which might 
cause the irreparable ha rm, he may require 
from the c ourt: 
 
1. orde ring  of  the  provisional  measure 
comprising  the  prohibition  of  acts 
infringin g the right of  the holder of a 
tradem ark, 
 
2. provis ional   seizure   of   the   articles 
unlawfully  designated by a  trade mark or 
the excl usion thereof fr om the circul ation; 
 
3. measures  comprising the assurance of 
eviden ce co ncerning articles unlawfully 
designated by a tradem ark and measures 
comprising  the  preser vation  of  the 
existing sit uation.  
 
(2) The holder of a trademark may require  the 
ordering  of  provisi onal  measur es  even 
before the action is brought, provided that he 
brings  the  action  within  a  period  of  20 
worki ng  days  or  31  calen dar  days, 
whichever expir es later.  
 
(3) If the holder of a trademark does not bring 
an acti on within the time limit laid down in 
paragraph (2) of this Article,  the court  may, 
on the request of the defenda nt, conclude 
the proced ure    and    lift    the    required 
measures.  
 
(4) The     judicial     authoriti es     may     adopt 
provis ional measures  without  hearing the 
other  party where  appropr iate, in particular, 
if  any  delay  is  likely  to  cause  irreparabl e 
harm  to the holder of  a trademark, or if there 
is a dem onstrable risk  of evide nce being 
destroyed.  
 
 
COMPENSATION FOR DAMAGE  
Article 79  
(1) The court may impose on the holder of a 
tradem ark the compensation for damage if it 
is  proved  that  the  r equired  mea sures 
referred to in Article 78 ( 1) of this Act have 
been unjustified.  
 
(2) The court may impose on the holder of a 
tradem ark  the  deposit  of  an  adequate 
amount  as  a  security  for  the  person  the provis ional   measure   has   been   ordered 
against. 
 
 
XII. PROVISIONS  CONCERN ING 
MISDEMEANOURS  
Article 80  
(1) Any legal  person who uses somebody  else’s 
tradem ark, reproduces  it or imitates,  affixes 
it to the goods or  the pack aging thereof , 
offers  the goods under som ebody else’ s 
tradem ark,  puts  them  on  the  market  or 
stocks them for  these purpo ses unde r 
somebody else’s trademark, imports or 
exports  the good s under somebody else’ s 
tradem ark, uses somebody else ’s trademark 
when providing s ervices or on business 
pape rs and in advertising, withou t the 
author ization, shall be puni shed for the 
misd emeanor by a fine amounting from HRK  
20,000. 00 up to 100,000. 00 (Article 7). 
 
(2) The natural  person shall be punished for a 
misd emeanor referred to in paragraph (1)  of 
this Article  by a fine amounting from HRK  
2.000,00 up to 8.000,00.  
 
(3) The responsible person in the legal  person 
shall  b e punished  for  a  misde meano r 
referred to in par agraph (1) of this Article , by 
a fine amounting  from HRK  5,000.00 up to 
10,000. 00. 
 
(4) Article s intended or used for the committed 
misd emeanors referred to i n parag raphs (1), 
(2) and (3) of this Article shall be seized, and 
the cou rt shall deci de whether the objects 
unlawfully  designated by a tradem ark are to 
be destroyed, ma de unrecogni zable or used 
in any other  way. 
 
 
XIII. TRAN SITIONAL  AND  FINAL 
PROVISIONS  
 
PEND ING PROCEDURES CONCERNI NG 
APPLICAT IONS  FOR REGISTRAT ION OF 
A TRADEMARK 
Article 81  
Procedu res concerni ng trademark appl ications, as 
filed  before  the  day  the  application  of  this  Act 
starts,  which  are  pen ding  on  the  day  the 
application of this  Act star ts, shall be c arried out in 
compl iance with the provis ions of this Act. 
 
OTH ER PENDING PROCEDURES 
Article 82  
(1) The procedures concerning the infrin gement 
of a trademark or the rights conferred by an 22  Trademarks  Act and 
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application f or the regi stration of a trade mark 
which are pending  on the day  the application 
of this Act star ts, shall be carri ed out in 
compl iance with the provisions which were 
in force up to the day the application of this 
Act starts. 
 
(2)     The procedures concerning the declaration 
of the decision on the grant  of a trademark 
null and void and the procedures  concerning 
requests for ceasing of the effect  of a 
tradem ark due to non-use whi ch are pending 
on the day the application of  this Act starts, 
shall be carr ied out in complia nce with  the 
provis ions which were in f orce up to the day 
the appl ication of this Act starts.  
 
 
IMPLEMENTING  REGULATION  
Article 83  
The matters referred to in: Article 15 pa ragraph (3); 
Article 21 p aragr aph (1); Article 25 par agraph (2); 
Article 27 p aragr aph (4); Article 33 par agraph (3); 
Article 34 p aragr aph (2); Article 35 par agraph (2); 
Article 37 p aragr aph (3); Article 38 par agraph (4); 
Article 39 p aragr aph (8); Article 40 par agraph (4); 
Article 44 p aragr aph (8); Article 46 par agraph (4); 
Article 49 p aragr aph (8); Article 61 par agraph (1); 
Article  71 paragraph (1)  and Article 72 of  this Act 
shall be regulated by the Minister competent  for 
the work of the Office in the Regulat ions, to be 
enacted by him  upon a prop osal of the Dir ector 
Gene ral of the Office  up to the day the application 
of this A ct starts. 
 
 
ABILITY  CEASING  OF THE VALID ITY 
OF OTHER  PROVISIONS  
Article 84  
On the day application of this Act star ts, the 
provis ions of the Law on Trademarks (Official 
Gazette  No 78/99,  127/99)  shall cease to be valid, 
except  for the provisions co ncerning the 
representati on (Article  59), which  shall be applied 
up to the ena ctment of a spec ial regulation. 
 
ENTRY  INTO FORCE  
Article 85  
This Act shall enter  into force on the eighth  day 
from the da te of its p ublicatio n in the Official 
Gazette  of the Republ ic of Croatia, and shall be 
appli ed as fr om Janu ary 1, 2004.  23 May 2018  
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THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
THE ACT ON AMENDMENTS  TO THE 
TRAD EMARKS  ACT* 
 
Article 1  
In the Trademarks  Act (Official Gazette  173/2003), 
Article 11 i s amende d to r ead: 
“(1)    The placing on the mark et in the territory  of 
the Rep ublic of Croat ia, or, after the 
accession of the Republic of Croatia into the 
full membership of the Euro pean Union, in 
the territory of  any of the States of  the 
Euro pean Union,  or States Parties to the 
Agreem ent Creating the European Ec onomic 
Area,  of  a  pr oduct  designated  b y  a 
tradem ark, by the  holder of the tradem ark, or 
with his express  authorization, shall exhau st 
for the territory of the Republic of Croatia, 
the exclusive rights conferred by the 
tradem ark in respect to s uch a produ ct, 
unless there are justified re asons for the 
holde r   of   the   trademark   to  retain  the 
exclusive rig hts conf erred by the tradem ark.” 
 
(2) The justified  reasons for the holde r of the 
tradem ark to oppose furthe r 
commercial ization  of the product shall  exist, 
especially where the c ondition of the produ ct 
is chan ged or impa ired after it has bee n put 
on the market .” 
 
 
Article 2  
Article 20 i s amende d to r ead: 
“(1)    The Office  shall carry out the admin istrative 
procedures  for  the  reg istration  of  a 
tradem ark,  procedu res  for  the  de claration 
that a tradem ark is invalid, and shall  perform 
other  admin istrative  and professional tasks 
concerning the prot ection of tradem arks. 
 
(2) The adminis trative  decisions issued by the 
Office  in the first instan ce may  be appe aled 
and the appeals  shall be dec ided on by the 
Board of  Appeal  in accordan ce wi th the 
provis ions of this  Act. The filing  of an appeal 
shall be    subject    to    payment    of    the 
admini strative fee and procedural cha rges in 
accordan ce with  special regul ations. If the 
admini strative fee and procedu ral c harges 
have not been paid up to the expirat ion of 
the appeal period, the appe al shall be 
considered as not filed.  
 
(3) The   provisi ons   of   the   Act   on   General 
Administrative Proceedin gs shall apply to 
particul ar matters co ncerning the pr ocedure 
referred to in paragraph s (1) and ( 2) of this 
Article, not regulated by thi s Act.  
 
*NN 76/2007, in force from July 31, 2007  
 
(4) The adminis trative  decisions issued in by the 
Board of Appeal  in the s econd instance may 
be subj ect to  administrative disputes,  in 
accordan ce with  the Act on Adminis trative 
Disput es.” 
 
 
Article 3  
In Article 39, par agraph s (4) and (5) are deleted. 
The former paragraph s (6), (7) and (8) become 
paragraph s (4), (5 ) and (6).  
 
Article 4  
In Article 40, par agraph (2) is amend ed to read:  
“(2)    A right in rem shall  be entered in the register 
upon  the request of a lien credit or or a lien 
debtor.  T he  cou rt  levying  an  executi on  ex  
officio  shall inform the Office  without delay of 
the executi on levied  upon a trade mark for 
the purpose of  the entry  of the levy of 
executi on in the regi ster.” 
 
 
Article 5  
In Article 49, par agraph (1) is deleted.  
The form er paragraphs (2), (3), (4), (5 ), (6), (7 ) and 
(8) become paragraphs  (1), (2), (3), (4), (5), (6) 
and ( 7). 
 
Article 6  
After  Article  67 a new “Part Ten”: “COMMUNITY 
TRADEM ARK“, as well as headings and Articles 
67a to 67i are added to r ead: 
“DEF INITIONS”  
Article 6 7a 
For the purpose of this Act, the following  terms 
mean:  
(a) „Regulati on on the Community trade mark“ is 
the Council Regulation  (EC) No 40/94 of 20 
December 1993 on the Comm unity trade 
mark and its  amend ment s; 
 
(b) a „Communi ty trade mark“ is a tradema rk as 
defined in Article 1, paragr aph ( 1) of the 
Regulation on the Com munity trade mark;  
 
(c) an „applicatio n for a Community  trade mark“ 
is an ap plication for registration of  a 
Com munity  trade mark  filed in accordance 
with the provision s of the Reg ulation on the 
Com munity trade m ark; 
 
(d) a   “national   trade mark”   is   a   trademark 
acquired in the procedu re before the Office 
in accordance with the provi sions of  this Act; 24  Trademarks  Act and 
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(e) a „nation al application  for a tradem ark“ is an 
application  for a trademark filed with  the 
Office  in accord ance with the  provisions of 
this A ct. 
 
EXTENSION  OF EFFECTS OF A COMMUNITY 
TRADE  MARK 
Article 6 7b 
The effects  of applications for a Community  trade 
mark  filed and Comm unity trade marks acquir ed 
before the day of the acceptance of the Republic of 
Croatia into the full mem bership of the Europe an 
Union shall extend  to the territory  of the Republic 
of Croatia.  
 
A COMMUNI TY TRADE MARK AS AN EARLIER 
TRADEM ARK 
Article 6 7c 
(1) Within  the meaning of Article  6 of this Act, a 
Com munity trade mark shall be an earlier 
trade mark  in relati on to national  trade mark  
applications  which  are  filed,  as  well  as 
national trad emarks whic h are a cquired on 
such applications after  the day of  the 
accept ance of the Republic of Croatia into 
the full mem bership of the Europ ean Union. 
 
(2) Within  the meaning of Article 6, paragraph 
(2) item 4 of this  Act, an earli er Com munity 
trade  mark    having    reputation    in    the 
Euro pean Uni on shall be taken into 
consideration in accordan ce with  the 
provis ions of Article  9, paragraph (1), item 
(c) of the R egulation  on the Com munity trade 
mark .  
 
(3) A nation al trademark may not be declared to 
be invalid for the reason of  being in conflict 
with  an  earlier  Communi ty  trade  mark,  if 
such earlier Com munity  trade mark  fails to 
fulfill the conditions of  use provided for in 
Article  15   of   the   Regulation   on   the 
Com munity trade m ark. 
 
 
FORWARD ING OF AN APPLICATION FOR A 
COMMUNITY  TRADE  MARK  
Article 6 7d 
If an application for a Community  trade mark has 
been  filed with  the Office pursua nt to Article  25 of 
the Reg ulatio n on the Com munity trade mark, a fee 
and c harges for forwarding s hall be paid in 
accordan ce with s pecial regulati ons. 
 
CONVERSION OF THE APPLICATION FOR A 
COMMUNITY  TRADE  MARK  INTO  A NATIONAL 
APPLICATION FOR A TRADEMARK  
Article 6 7e 
(1) The  Office  shall  exami ne  a  reque st  for 
conv ersion   of   a   Com munity   trade   mark  application into a national  trademark 
application  filed with it in accordance with  the 
provis ion of Article 109, paragraph (3) of the 
Regulation on the Com munity trade mark.  
 
(2) If the request referr ed to in paragraph (1) of 
this Article  is not drafted in accordance with 
the provis ions of Article  108, paragraph (2) 
of the Regulation  on the Comm unity trade 
mark,  the Office shall  invite the applicant to 
remedy the deficien cies. 
 
(3) If the appli cant fails to file observations  or 
remedy the deficie ncies in the specified time 
limit,   or   if   the   reque st   referred  to   in 
paragraph ( 1) of this Article fails to c omply 
with the p rovisions of A rticle 108, p aragraph 
(2)  of  the  Reg ulation  on  the  Com munity 
trade  mark,  the  Office  shall  refuse  the 
request referred to in paragraph (1) of  this 
Article.  The dec ision on refusal s hall be 
considered as a decision on the merits of  the 
request. 
 
(4) If the request referr ed to in paragraph (1) of 
this Article  is in due form, the Office  shall 
carry  out a pr ocedure for  the trademark 
registrati on in accordan ce with  the provisio ns 
of this A ct. 
 
(5) The  fees  and  procedural  charges  for  the 
registrati on referred to in paragraph (4) of 
this Article shall be paid in accordance with 
the provis ions of this Act.  
 
(6) The Office  shall notify  the person filing the 
request referred to in paragraph (1) of  this 
Article  of the receipt  thereof, and shall invite 
her/him  to file a  translation of  the application 
into the Croatian language within a period, 
which shall not be less than 30 and not more 
than 60 da ys. 
 
(7) The date of filing,  the date of priority and the 
seniority s hall be det ermined pursua nt to 
Article 108, p aragraph (3) of the Reg ulation 
on the Comm unity trade m ark. 
 
 
SENIORITY 
Article 67f  
The seniority of a natio nal trade mark, within  the 
meani ng of Article s 34 and 35 of the Regulation on 
the Com munity trade mark, may be claimed for a 
Com munity trade m ark: 
- if a national tradem ark has been ac quired bef ore 
the day of t he accessi on of the Republ ic of Croat ia 
into the full memb ership  of the European Union;  
and 25 May 2018  
 Trademarks  Act 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT*/**/* **/****   
  
 
 
 
- if a nationa l tradem ark has priority in relation to 
the Comm unity tradem ark for which  the seni ority is 
claim ed. 
 
PROHIBITION  OF USE OF A COMMUNITY 
TRADE  MARK 
Article 6 7g 
(1) If  the  use  of  a  Com munity  trade  mark 
referred to in Arti cle 67b of this A ct confli cts 
with the use of a nation al trademark ac quired 
before the day of the acceptan ce of  the 
Republic of Cr oatia into the full mem bership 
of the Euro pean Union, or acquired on a 
national  application,  filed before the day of 
the acceptan ce of the Republ ic  of Croatia 
into the full memb ership of  the European 
Union, the ho lder of  such national trademark 
may institu te   a   legal   action,   claiming 
prohi bition  of the use in the Republ ic of 
Croatia of t he Communi ty trade mark, the 
effect  of which  is, in accordance with Article  
67b of this Act, extende d to the territory  of 
the Republic of Croatia. The plaintiff  shall 
prove  that the  Com munity  trade mark 
confl icts with  his/h er nation al tradem ark. 
 
(2) If  a  Comm unity  trade  mark  referred  to  in 
Article  67b of  this Act cou ld have been 
refused r egistration on an y of the absolute 
grounds referred to in Article 5 of this Act, or 
could have been declared  to be invalid on 
the grounds referred to in Article 49, 
paragraph (2) of this Act before the day of 
the acceptan ce of the Republ ic  of Croatia 
into the full memb ership of  the European 
Union, the person having legal  interest in it 
may institu te    a    legal    action    claiming 
prohi bition  of the use of such Co mmunity 
trade mark in the Repu blic of Croatia. The 
plaintiff  shall prove existe nce of any of these 
grounds in relation  to the Comm unity trade 
mark.  
 
 
PROT ECTION OF A CO MMUNITY TRADE MARK 
AGAINST  INFRINGEMENT  
Article 6 7h 
The provis ions on the prot ection a  national 
tradem ark in the case of infringe ment shall  apply 
mutatis  mutandis to the protection of a Com munity  
trade m ark in the c ase of i nfringe ment. 
 
THE C OURT COMPET ENT FOR A C OMMU NITY 
TRADE  MARK 
Article 67i  
(1) In the Republic of Croatia, the Com mercial 
Court in Zagreb shall  be the Community 
Trade  Mark  Court  competent  for  the  first insta nce decisions, within  the meaning of the 
Regulation on the Com munity trade mark.  
 
(2) In   the   Republic   of   Croatia,   the   High 
Com mercial Co urt shall be the Community 
Trade Mark Cou rt com petent for the s econd 
insta nce dec isions, within  the meaning of the 
Regulation on the Com munity trade mark.“  
 
The for mer “Part Ten” b ecomes  “Part E leven”.  
 
Article 7  
After  Article 74, a new „Part  Twelve“:  „APPEAL“  as 
well as headings and Article s 74a to 74d are 
inserted to r ead: 
“RIGHT OF A PPEAL” 
Article 7 4a 
(1) Any   party   entirely   or   partially   adversely 
affected by the decisions of the Office  issued 
in the first instance shall have the right to file 
an appeal within 30 days  from the day of the 
communication of the dec ision. 
 
(2) Other  parties to the procedure terminated by 
a decision appeal ed shall have  the right to 
be parti es to the app eal pr ocedure. 
 
 
CONTENT  OF AN APPE AL 
Article 7 4b 
In  addition  to  the  indications,  which  shall  be 
contai ned in any communication,  an appeal shall 
contai n: 
1.      an indi cation  of the dec ision appe aled;  
 
2. a state ment defining whether  the decision is 
contested in i ts entirety or i n part;  
 
3.      the grou nds for app eal; 
 
4. a state ment of reasons for appeal,  and all 
the eviden ce s upporting the appe llant’s 
allegation s contained in the  appeal;  
 
5.      the sign ature of the appell ant 
 
6. a  power  of  attorney,  if  the  appeal  is  filed 
throug h a representative.  
 
 
DECISIONS  ON AN APPEAL 
Article 7 4c 
(1) The Board of Appeal  shall take decisions in 
sessions, by a majority  vote.  
 
(2) The  Board  of  Appeal  shall  decide  on  the 
basis of c ommunication s filed by the pa rties, 
and if it considers  it necessary,  or upon the 
request of  any party  to the pr ocedure,  it may 
order oral  proceedings. The parties shall be 
summoned to oral pr oceeding s at least 45 
days bef ore it takes pl ace. 26  Trademarks  Act and 
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BOARDS OF APPEAL 
Article 7 4d 
(1) The Boards of Appeal  for industrial  property 
rights s hall decide on the appe als referred to 
in Article 74a of this A ct. 
 
(2) The provision s of the Patent  Act shall apply 
to the co mposition an d orga nization of  the 
Boar ds of Appeal referred to in paragraph (1) 
of this Arti cle.” 
 
 
Article 8  
The for mer “Part Eleven”  becom es “Part Thirte en” 
A heading above Article 75 is amend ed to read:  
“PERSONS ENTITLED  TO CLAIM  THE 
PROT ECTION OF  RIGHTS” 
Article 75 i s amende d to r ead: 
“The protection of the rights under this Act may be 
claim ed by a right holder, or a person autho rized 
by her/hi m pursuant  to the general provisio ns on 
representati on, and, apa rt from her/h im by the 
holde r of the exclusive license, to the extent  that 
he has acquired the ri ght of exploi tation of a 
tradem ark on the basis of a legal transaction  or 
law.”  
 
Article 9  
A heading above Article 76 is amend ed to read: 
“CLAIM FOR  THE ESTABLISHMENT A ND 
TERMINAT ION OF I NFRINGEM ENT” 
Article 76 i s amende d to r ead: 
(1) The holder of a trade mark may institute a 
legal  action  against  any  person  who  has 
infring ed a tradem ark by performing  without 
author ization any of the acts referred to in 
Article  7, paragraphs (2) and (3) of this Act, 
claimin g est ablishment of the infring ement. 
 
(2) The holder of a trade mark may institute a 
legal  action agai nst any person w ho has 
infring ed a tradem ark by performing w ithout 
author ization any  of the acts  referred to in 
Article  7, paragraphs (2) and (3) of this Act, 
claimin g termination of  the infrin gement and 
prohi bition of  such and similar future 
infring ement s. 
 
(3) The holder of a trade mark may institute a 
legal  action against any person w ho has by 
performing any  of the acts without 
author ization caused a ser ious threat  that his 
tradem ark might be infringe d, c laiming 
desistance from the act concerned and 
prohi bition of  the infringem ent of the 
tradem ark. 
 
(4) The claims  referred  to in paragraph s (1), (2) 
and ( 3) of this Article may also be mad e 
against a person  who in the course of her/his  economic activities  renders services used  in 
the acts infrin ging a trade mark  or threatening 
to infringe it.”  
 
 
Article 10  
A heading above Article 77 is amend ed to read: 
“CLAIM F OR SEIZURE AN D 
DEST RUCTION OF OB JECTS” 
Article 77 i s amende d to r ead: 
“(1)    The holder of a tradem ark may institute a 
legal  action  against  any  person  who  has 
infring ed a tradem ark by performing  without  
author ization any  of the acts  referred to in 
Article  7, paragraphs (2) and (3) of this Act, 
claimin g that the produ cts infringi ng the 
tradem ark be removed from  the market, 
seized or destroyed  at the expe nse of that 
person.  
 
(2) The court shall order the measures  referred 
to in parag raph (1) of this Article ag ainst the 
defend ant, unless  there are special r easons 
for not de ciding so.  
 
(3) When ordering the measure referred to in 
paragraph (1) of this Article,  the court shall 
take du e care that they are propo rtionate to 
the nature    and    seriousne ss    of    the 
infringement.”  
 
 
Article 11  
A heading above Article 78 is amend ed to read: 
“CLAIM F OR DAMAGES, USUAL  
COMP ENSATION AND UNFAIR PROFITS” 
Article 78 i s amende d to r ead: 
“(1)    The holder of a tradem ark may take a legal 
action  against any person  who has caused 
him damage by performing wi thout 
author ization any of the acts referred to in 
Article  7, paragraphs (2) and (3) of this Act, 
claimin g damage s purs uant to the general 
rules on the legal  redress  laid down in the 
Obligati ons Act. 
 
(2) The holder of a tradem ark may institute a 
legal  action agai nst any person w ho has 
performed w ithout  authorization any  of the 
acts referred to in Article 7,  paragraphs (2) 
and ( 3) of this Act, cla iming paym ent of 
remuneration in the am ount that he wou ld 
have  clai med,  given  the  circu mstances,  in 
the lice nse agreement, if conc luded. 
 
(3) The holder of a tradem ark may take a legal 
action against any person who has infringed 
a trademark     by     performing     without 
author ization any  of the acts  referred to in 
Article  7, paragraphs (2) and (3) of this Act, 
without  having  basis  for  it  in  any  legal  27 May 2018  
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transacti on, court decision or the law, and 
has benefited from it, claiming  the recovery 
or com pensation of such  benefits  pursuant to 
the general rules on unj ust enrichme nt laid 
down in the Obligati ons Act. 
 
(4) The claims  referred  to in paragraph s (1), (2) 
and  (3)  shall  not  be  mutually  excluding. 
When deciding on the claims referr ed to in 
paragraph s (1), (2) or (3), filed  cumulatively, 
the court shall observe  the gene ral principles 
laid down in the Obligations Act.”  
 
 
Article 12  
A heading above Article 79 is amend ed to read: 
“CLAIM FOR  PUBLICATION  
OF THE JUDGEMENT” 
Article 79 i s amende d to r ead: 
“The holder of a trademark may claim  that the final 
judgm ent even partially uphol ding t he claim for 
protection of the trademark  in the case of 
infring ement  is published in the means of public 
communication at the expen se of the defenda nt. 
The  court  shall  decide,  within  the  limits  of  the 
claim,  on the mean s of publ ic communication in 
which  the  judgm ent  shall  be  published,  and 
whet her it shall be published entirely or partially.  If 
the court decides  that only a  part of the judgm ent 
shall be published, it shall ord er, within the limits  of 
the claim,  that at least  the dis positive  part of it and, 
if necessary,  the part of the judgm ent specifying 
the infringem ent con cerned and the pe rson, havi ng 
committed it, is publ ished.” 
 
Article 13  
After  Article 79,  headi ngs and Articles 79a to 79e 
are inserted to read:  
“CLAIM FOR  PROVISION  OF INF ORMATION 
Article 7 9a 
(1) The holder of a trademark who has instituted 
civil  proceedi ngs  for  the  protection  of  the 
tradem ark in the case of infrin gement may 
claim  the  provision  of  information  on  the 
origin an d distribution c hannels of the goods 
infringin g his  tradem ark. 
 
(2) The  c laim  r eferred  to  in  Article  1  m ay  be 
made in the form  of a legal  action or a 
provis ional measure against: 
 
- a person  who has been sued in the civil 
proceedings referred to in par agraph (1) 
of this Arti cle; 
 
- a person who is within  her/his economic 
activities  in poss ession of  the goods 
suspected of  infringin g a tradem ark; - a  person  who  provid es,  within  her/his 
economic activities,  services  suspected 
of infringing a tradem ark; 
 
- person s    who    provi de,    within    their 
economic activities, services u sed in t he 
activities  suspected   of   infring ing   a 
tradem ark; 
 
- a person who is indicated  by any of the 
mentione d person s as being involved in 
the manuf acture or di stribution of the 
good s or the provis ion of the services 
suspected of  infringin g a tradem ark; 
 
(3) The claim  referred to in Article 1 may also be 
included in a grad ual legal action as the first 
claim,  provi ded that a  person acting as a 
counter  party  to  the  defenda nt  is  also 
included in t he main clai m. 
 
(4) The claim  for informati on on the origin of the 
good s and di stributi on cha nnels of the goods 
and services  referred to in paragraph (1)  of 
this Article m ay inclu de in particul ar: 
 
- informati on on the names and addresses 
of the produ cers,  distributors, su ppliers 
and ot her pr evious holders of the g oods 
and providers     of     the     services, 
respe ctively,  as well as the intended 
wholesalers and retail ers; 
 
- informati on on the quantities  produ ced, 
deliver ed, received  or ordered, as well 
as the price obtaine d for the goods or 
services concerne d. 
 
(5) The    person    required    to    provi de    the 
information referred to in this  Article may 
refuse to pr ovide such i nformati on on the 
same  ground s as those allowin g the refusal 
to present eviden ce as a witness  pursuant to 
the provisions    of    the    Act    on    Civil 
Proceed ings.  If  the  person  conc erned 
refuses  to    provide    informati on    without 
justified  reasons, she/ he shall be responsible 
for the dam age incurred , pursua nt to the 
provis ions of the Obligati ons Act.  
 
(6) The provisions of this Article shall be without 
prejudice to the provis ions on the manner  of 
use of  confidential  information  in ci vil and 
criminal proceedings, the provisions 
regul ating  the responsibility for misuse of the 
right to    acquire    information,    and    the 
provis ions regulati ng the pr ocessing and 
protection of person al dat a. 
 
(7) The provisions of this Article shall be without 
prejudice  to  the  provis ions  of  Articles  79c 28  Trademarks  Act and 
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and 79d of this Act regulating  the taking of 
eviden ce. 
 
 
PROVISIONAL  MEASURES DUE  TO 
INFR INGEMENT OF A TRADEM ARK 
Article 7 9b 
(1) Upon   the   reque st   of   the   holder   of   a 
tradem ark who makes it likely  that her/his 
tradem ark has been infrin ged or threatene d 
to be infring ed, the cour t may order any 
provis ional meas ure com prising the 
terminati on or preventi on of the infrin gement, 
and in pa rticular: 
 
- order  the  oppos ing  party  to  cease  or 
desist from, the ac ts infringing a 
tradem ark;  the  court  may  also  issue 
such  o rder  agai nst  an  interm ediary 
whose services are bei ng us ed by a third 
party to infringe a trademar k; 
 
- order  the  seizure  or  removal  from  the 
market  of     the     goods     unlawfully 
designated by a trademark.  
 
(2) Upon   the   reque st   of   the   holder   of   a 
tradem ark who makes it likely  that his 
tradem ark has  been infri nged on a 
commercial  sca le  for  the  purpose  of 
acquiring commercial or economic benefit, 
and that s uch infringe ment has  threatened to 
cause  him  irreparable  damage,  the  cou rt 
may, in addition to the pr ovisional m easures 
referred to in paragraph (1) of this Article, 
order the seiz ure of  the movable and 
immovable property of the opposing party, 
not directly related to the infrin gement, 
including the blocking of his ban k accounts 
and othe r assets.  
 
(3) For the purpose of ordering and eforcing the 
provis ional measure referred to in par agraph 
(2) of this Article,  the court may  requi re from 
the oppo sing party or othe r relevant pe rsons 
disposing with it, the communication of the 
banking,  financial and other  economic 
informati on, or the access to other re levant 
informati on and documents. The cou rt shall 
ensure  the  prot ection  of  confidential ity  of 
such inf ormation, and prohibit any m isuse 
thereof.  
 
(4) The   provisi onal   measure   referred   to   in 
paragraph ( 1) of this Article may be or dered 
without informing t he opposing party t hereof, 
if the applicant  for measures makes  it likely 
that  otherw ise  the  pr ovisional  m easure 
would not be effective, or that irr eparabl e 
damag e is threaten ed to occur. The 
provis ional measure referred  to in paragraph (2) of this Article may  be ordered w ithout 
informi ng the oppo sing party thereof, if the 
applicant for measures makes it likely that 
otherwise the provision al measure wou ld not 
be effective, or  that, taking into consideration 
a very serious  circumstances of the 
infring ement,  this would be necess ary. If a 
provis ional measure is ordered without 
informi ng  the  opposing  party  thereof,  the 
court shall communi cate a decision on the 
provis ional measure to the oppo sing party, 
promptly upo n its enforc ement.  
 
(5) In   the   decision   ordering   a   provis ional 
measure the cou rt shall specify the duration 
of such measure, and, if the  measure has 
been ordered before the institution  of a legal 
action,  the period, within wh ich the ap plicant 
for mea sures shall institut e a legal act ion to 
justify  the measure, whic h shall not be less 
than 20 work ing days and not  more than 31 
calendar  days,  from  the  day  of 
communication of the dec ision to the 
applicant for measures, wh ichever expires 
later.  
 
(6) The  provisi ons  of  the  Execution  Act  shall 
apply  to  matters,  not  regul ated  by  this 
Article. 
 
(7) The provisions of this Article shall be without 
prejudice  to    the    possibility    to    order 
provis ional measures  pursuant  to other 
provis ions of this Act, and the provisions of 
the Execution Act. 
 
 
PROVISIONAL MEASURES COMPR ISING THE 
PRESERVATION  OF EVIDENCE  
Article 7 9c 
(1) Upon   the   reque st   of   the   holder   of   a 
tradem ark who makes it likely  that his 
tradem ark has been infrin ged or threatene d 
to be infringed, the court may or der a 
provis ional meas ure com prising the 
preservation  of evidence.  
 
(2) By  the  provisio nal  measure  referr ed  to  in 
paragraph (1) of this Article,  the court may 
order in p articular:  
 
- preparation of a detailed descr iption of 
the goods made likely to  infringe a 
tradem ark, with or without taking of 
samp les; 
 
- seizure  of  the  goods  made  likely  to 
infringe a trad emark;  
 
- seizure of the material s and imple ments 
used in the production and distri bution of 
the  goods  made  likely  to  infrin ge  a 29 May 2018  
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tradem ark and the documentati on 
relating the reto. 
 
(3) The provis ional measure referred to in this 
Article  may   be   ordered   even   without 
informi ng the oppo sing party thereof, if the 
applicant for measures makes it likely that 
there is a risk  of eviden ce being de stroyed or 
irreparable damag e of incurring. If a 
provis ional measure is ordered without 
informi ng  the  opposing  party  thereof,  the 
court shall communi cate a decision on the 
provis ional measure to the oppo sing party, 
promptly upo n its enforc ement.  
 
(4) In   the   decision   ordering   a   provis ional 
measure the cou rt shall specify the duration 
of  the  measure,  and,  if  the  measure  has 
been ordered before the institution  of a legal 
action,  the period, within whi ch the ap plicant 
for mea sures shall institut e a legal act ion to 
justify  the measure, whic h shall not be less 
than 20 work ing days and not  more than 31 
calendar  days,  from  the  day  of 
communication of the dec ision to the 
applicant for measures, wh ichever expires 
later.  
 
(5) The  provisi ons  of  the  Execution  Act  shall 
apply  to  matters,  not  regul ated  by  this 
Article. 
 
(6) The provisions of this Article shall be without 
prejudice  to  the  possibili ty  of  the  court  to 
order prov isional measures co mprising the 
preservation of  evidence  pursua nt to the 
provis ions of the Act on C ivil Proce edings. 
 
 
TAKING OF  EVIDENCE IN THE COURSE 
OF THE CIV IL PROCEED INGS Article 7 9d 
(1)  Where  a  party  to  the  civil  proceedings 
invok es evidence claiming that  it lies with the 
oppo sing party or unde r its control,  the court 
shall  invite  the  opposing  party  to  present 
such evidence within a specified time li mit. 
 
(2) Where  the  holde r  of  a  trade mark  as  a 
plaintiff in a legal acti on claim s that the 
infring ement of  a trademark  has been 
committed on a co mmercial scale f or the 
purpose  of  ac quiring  commercial  or 
economic benefit, and has m ake it likely 
during   the  proceedings,  and   where   he 
invok es in the proceedi ngs banking, financial 
or  simil ar  econom ic  documents,  pap ers  or 
the like evide nce, claim ing that  they lie with 
the opposing party  or un der its control, the 
court  shall  invite  the  opposing  party  to present  such  evidence  within  a  specified 
time limit. 
 
(3) Where the party, which is invited  to present 
eviden ce, denies that the eviden ce lies with 
it or u nder its control, the c ourt may take 
eviden ce to e stablish such a fact.  
 
(4) The    provis ions    of    the    Act    on    Civil 
Proceed ings relating to the right of refusal to 
present evidence as a witness  shall apply 
mutatis  mutandis to the right of the party to 
refuse to pr esent eviden ce. 
 
(5) The court shall, taking into consideration all 
the circumstances of t he case, de cide at  its 
own discreti on, on the importan ce of  the fact 
that the party having the evidence ref uses to 
comply with the court’s decision orde ring it to 
present evi dence, or denies, contrary to the 
court’s op inion, that the eviden ce lies with it. 
 
(6) Against  the decision of the court referr ed to 
in paragraphs (1) and (2) a  separate appeal 
shall not be a llowed. 
 
 
EXPEDITIOUS PROCEEDINGS AND 
APPLICATION OF THE P ROVISIONS OF OTH ER 
ACTS 
Article 7 9e 
(1) A procedure concerning the infrin gement of 
the rights u nder this Act s hall be expedit ious. 
 
(2) The    provis ions    of    the    Act    on    Civil 
Proceed ings, and the Execution Act, 
respe ctively,  shall a pply to the proced ures 
concerning the infringe ment of a trademark.  
 
(3) Upon the request of the court  or any of the 
parties to the pr ocedure con cerning the 
infring ement of  a tradem ark, the Office or  the 
Board of  Appeal,  respecti vely, shall promptly 
accept a req uest for the dec laration of the 
decision on the regi strati on of a trade mark 
invalid,  filed before o r during the civil action 
and shall subj ect it to  the expedi tious 
proceedings. The court shall,  taking into 
consideration the circumstances  of the c ase, 
decide w hether it shall d ecide on the s tay of 
proceedings up to the final decision on the 
request for the declaration of  the decision on 
the  regi stration  of  a  trad emark  inval id,  or 
not.” 
 
Article 14  
The former  “Part  Twelve”  becomes “Part  
Fourt een”. 
In Article 80, par agraph (1) is amend ed to read:  30  Trademarks  Act and 
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“Any  legal  person  who  uses  a  sign  which  is 
identical with or simila r to someb ody else ’s 
tradem ark, reproduces it or imitat es, affixes  it to 
the goo ds or the packaging the reof, offers the 
good s designated by such a sign,  puts them  on the 
market or stocks them for such purposes, imports 
or expo rts th e good s designated by s uch a si gn, 
uses such  a sign when providi ng services  or on 
business p apers and in advertising, without 
author ization, shall be puni shed for  the 
misd emeanor by a fine amounting from HRK  20 
000.00 up to 100 000.00 (Article  7 paragr aph (2) 
items 1 and 2 ).” 
In paragraph (2)  number “8,000.00 ” is replaced by 
numbe r “10 000.00”.  
After  paragraph  ( 3),  paragraph  ( 4)  is  added  to 
read:  
“(4) A natural person  – a craftsman or other  self- 
employed pe rson, respectively,  shall be punished 
for the misdemeano r, referred  to in paragraph (1) 
of this Article, by a fine amounti ng from HRK  5 
000.00 to 50 000.00, wher e the misdemeano r has 
been comm itted in the performance of  her/his 
activities  as a crafts man or  other sel f-empl oyed 
person, respe ctively.”  
In the for mer paragraph ( 4), wh ich be comes 
paragraph (5), numbers “1, 2 and 3” are replaced 
by numbe rs “1, 2, 3 and 4”.  
 
TRANSITIONAL AND FINAL PROVISIONS 
Article 15  
(1) The admini strative  disputes instituted before 
the Admin istrative  Court before 1 June 2008 
shall be completed before the Administrative  
Court  in  accordan ce  with  the  provisions,  
which were in force up to that date.  
 
(2) A party,  which instituted  a legal  action before 
the Admin istrative  Court before 1 June 2008, 
in  accordance  with  the  provisions  which 
were in force up to that date,  may require 
from the Admini strative  Court  to stay the 
proceedings, provid ed that it has filed within  
30 days  from that  date an appeal  based on 
the same grounds and with the same 
statement  of reasons as are those contained 
in the legal  action, where an appeal against  
such admini strative dec ision is  admissible 
pursua nt to the provisi ons of this Act. The 
admini strative  decision  issued  on  s uch 
appe al in the s econd instan ce, m ay be 
subject to an admini strative dispute pursuant 
to the provis ions of the Act on Adminis trative 
Disput es.” Article 16  
The procedures c oncerning the protection of a 
tradem ark in the  case of infringe ment,  pendi ng on 
the date of the entry into force of this Act, shall be 
comp leted   i n   acc ordance   with   the  provis ions, 
which were in force before the entry  into force of 
this A ct. 
 
Article 17  
The Ordinance referred to in Article 83  of the 
Trademarks Act (Offic ial Gazette  173/2003 ) shall 
be shall be aligned with the provisi ons of  this Act, 
on a proposal given by  the D irector Gen eral of  the 
Office, by the Minist er responsible for the work of 
the Office, not later than within 3 months  from the 
entry  into force of this A ct. 
 
Article 18  
This Act shall enter  into force on the eight  day 
followin g the day  of its publication in the  Official 
Gazette,  with the  exception of Articles 2 and 7 
thereof,  which  shall  enter  into  force  on  1  June 
2008,  and Article  6, which shall enter  into on the 
day of the acceptan ce of the Republic of Croatia 
into the Eur opean Union.  31 May 2018  
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THE ACT ON AMEN DMENTS  TO THE 
TRADETRADEMA RK ACT**  
 
Article 1  
In the Trade marks Act ( OG 173/ 03 and 76/07 ) in 
Article  5 paragraph (1) item 2 after the w ords “are 
devoid of” the word  “any” is added.  
Item 11 is ad ded to rea d: 
“11. sign s which contai n or consist of designations 
of origin or geographi cal indicatio ns, in effect  in the 
territory of  the Republic of Croatia,  if a requ est for 
the registrati on of a trademark has been filed after 
the filing date of a request for  the registration of a 
designation of  origin or a geog raphical indication 
within  the scope provided  by legislatio n, by virtue 
of which s uch designations  are registered, and 
which ref er to the same type  of products and 
services”. 
 
 
Article 2  
In Article 6, parag raph (8) is add ed to r ead: 
“(8) Upon an oppo sition  as filed,  a sign shall  not be 
registered in the name of  a trade agent  or 
representati ve of a trademark  holder without his 
author ization,  unless  a  trade  agent  or 
representati ve justifies h is actio n”. 
 
 
Article 3  
In Article 25, par agraph (1) is amend ed to read:  
“(1) If all the requirem ents set out in Article  21, 
paragraph ( 2) of this Act are co mplied with,  and if 
there are no grou nds for refusal  of the regi strati on 
unde r Article 5, parag raph (1) of  this Act, the 
application  data   shall  be   published   in   “The 
Croatian  Intelle ctual  Property  Gazette  “ 
(hereinafter: the Offi ce official gazette)”.  
 
 
Article 4  
In Article  27, paragraph (1), item 5 is added to 
read:  
“5. the holder of an ea rlier trademark within  the 
meani ng of Article 6, pa ragraph (8) of thi s Act”.  
 
 
Article 5  
In Article  35, parag raph (1), the words: “not later 
than within thr ee months from the date of 
publication  of the tradem ark”, are replaced by the 
words: “aft er the publ ication  of a regi stered 
tradem ark”. 
 
**NN  30/2009, in force from  March  17, 2009 Article 6  
After Article 3 6, a new hea ding an d Article 36a are 
adde d to rea d: 
“CONTINUED  PROCESSI NG 
Article 36a  
(1) If the applic ant for a trade mark  registration or 
the  holder  of  a  trademark  has  failed  to 
comply  with  a  time  limit  for  an  act  in  a 
procedure before the Office,  and that failure  
has the direct consequence of causing the 
loss of rights conferred by  the trade mark 
application  or tradem ark, he may file a 
request for  the conti nued processi ng with 
respe ct to the tradem ark appl ication or 
tradem ark. The Office s hall autho rise the 
conti nued processing,  provided that the 
applicant: 
 
1. files  a  r equest  for  t he  conti nued 
processing and performs all  the omitted 
acts within the  prescribed time limit, 
referred  to  in  parag raph  (2)  of  this 
Article, and  
 
2. pays  the  admini strative  fee  and 
procedural c harges. 
 
(2) A request for the continu ed processing may 
be filed withi n two mont hs from the d ay on 
which he learne d about  the legal 
consequences referred to in parag raph (1)  of 
this Artic le. 
 
(3) If the omitted acts have  not been performed 
within the ti me limit referr ed to in parag raph 
(2) of this Article, or if the  adminis trative  fees 
and procedural  charge s have not been paid, 
a request for the continue d processing shal l 
be   deemed  not   to  be   filed,   and   the 
conclusion to that effect  shall be issued by 
the Office. 
 
(4) A request for the continue d processing shall 
not be filed,  if failure  to comply  with concerns 
the time limit:  
 
1. referred to in par agraph (2) of this Art icle, 
2.   for filing the reque st referred to in Article 
18 and Art icle 19 of this Act,  
3.   for filing the reque st referred to in Article 
44 of this A ct, 32  Trademarks  Act and 
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4.   for filing the appe al referred to in Article 
74a of this Act,  
5.   for   filing   a  reque st   for   r estitutio   in 
integr um  pursua nt  to  the  provisio ns  of 
the Act   on   Gene ral   Administrative 
Proceed ings, 
6.   for all the acts in the procedures before 
the Office involving sev eral parties.  
(5) If the Office  compl ies with the requirement 
referred to in par agraph ( 1) of this Article, the 
consequences  of  having  failed  to  comply 
with a time limit shall be deemed not  to have 
occurr ed, and all the dec isions and 
conclusions issued by  the Office con cerning 
the failure s hall be rev oked. 
 
 
Article 7  
In Article 38, a new paragraph ( 2) is added to read: 
“(2) In case of a tradema rk trans fer in respe ct of 
some  of  the  produ cts  and/or  servic es  only,  for 
which the trademark is registered, such regi strati on 
shall be divided in accordance with the provisions 
of Article 33 of this A ct”. 
The former par agraph s (2), (3) and (4) become 
paragraph s (3), (4 ) and (5).  
 
 
Article 8  
In Article  49, paragraph (2), item 4, after the words: 
“of the Act” a full  stop is replaced by a comma,  and 
item 5 is add ed to read:  
“5. on requ est of   the hol der of the earlier 
tradem ark referred to in Article  6, paragraph ( 8) of 
this A ct”. 
After  paragraph (2), a new paragraph (3)  is ad ded 
to read:  
“(3) The procedure for a decl aration that a 
tradem ark is invalid may be initiated  on the request 
of an interes ted person al so in the case w here the 
holde r of the tradem ark, requ ested to be dec lared 
invalid  was acting in bad faith at the moment  of 
filing an application f or the regis tration of such 
tradem ark. 
The for mer parag raphs (3) a nd (4) b ecome 
paragraph s (4) and (5). 
In the for mer paragraph ( 5), wh ich be comes 
paragraph (6), number “3” is replaced by  number 
“2”. 
The former paragraphs (6) and (7),  become 
paragraph s (7) and (8). Article 9  
In Article  50, parag raph (1), numbers “3, 4, 5, 6 
and 8” are replaced by numbers:  2, 3, 4, 5, 6 and 
8”. 
Article 10  
In Article  51, par agraph ( 4), the words: ”paragraph 
(3)” are replaced by the words: “paragr aphs (2) 
and ( 3)”. 
 
 
Article 11  
Article 54 i s amende d to r ead: 
“Any sign within the meaning of Article 2 of this 
Act, which is intended to designate the quality, 
origin, manner of p roduction, or othe r common 
characteristics of the goods or services may be 
protected as a guarantee mark.  The holde r of a 
guarantee mark is not entitled  to use a gua rantee 
mark  by himself, however,  he shall be entitled to 
author ize and supervise  such use in respect  of 
entrep reneurs who have t he authorization to use a 
guarantee mark pursuant to the Con tract on a 
Guarantee Mark”. 
 
 
Article 12  
After  Article 63, a new heading and Art icle 63a are 
adde d to rea d: 
“CONVERSI ON (TRA NSFORMATION)  OF AN 
INTERNATIONAL REGISTATION OF A MARK 
INTO  A NATIONAL  TRADEMARK APPLICATION 
Article 6 3a 
(1) Where, on or before the day of cancellation 
of an international r egistration from the 
Internation al Regi ster all the requi rements, 
laid down und er the Protocol,  for the 
conv ersion  (tra nsformation)  of  an 
internati onal r egistration of  a mark,  as 
protected in the territory of  the Rep ublic of 
Croatia into a national tradem ark are 
compl ied with, such trademark  shall, upon 
the request of  its holder, be entered in the 
tradem ark  regist er  kept  by  the  Office 
pursuant to this  Act, subject to the prior 
payment of  the procedural charges  for the 
maintena nce of  the  trademark  for  t he  first 
ten-year period and the publ ication of the 
tradem ark d ata. 
 
(2) The date of the internati onal registration of 
the trademark, wh ich is the basis for 
conv ersion (transf ormati on) shall be tak en as 
the date of regi stration  of the national 
tradem ark, resulti ng from the c onvers ion 
(transformation), c arried out  in accordance 
with purs uant to parag raph (1) of this Ar ticle. 33 May 2018  
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THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/*** /****  
  
  
 
(3) An internati onal registrati on of a mark,  which 
is   not  protected   in   the   territ ory   of   the 
Republic of Croatia on or before the day of 
cancellation of  the international regi stration 
from the International R egister, in respect of 
which the procedu res and measures are 
taken before the Office,  and are pending on 
or before the day of filing a requ est for 
conv ersion (tran sformation), are deemed to 
be integral parts of  the pr ocedure for  a 
national  trademark       application,       in 
compl iance with the provis ion of this Act.  
 
(4) The  date  of  the  international  trade mark 
registrati on for wh ich the extens ion of 
protection to the territory of the Republic of 
Croatia is r equested, s hall be taken a s the 
date of the national  trademark  application 
referred to in paragraph (3) of this Article, 
resulting fr om a request for conv ersion 
(transformation)”. 
 
 
Article 13  
The hea ding above Artic le 66 is am ended to read: 
“PROVI NG THE USE OF AN INTERNA TIONAL 
REGISTRAT ION OF A M ARK” 
Article 66 i s amende d to r ead: 
“(1)   For the pu rpose of  proving the use of an 
internati onal regi strati on of a mark in the 
oppo sition procedu re, procedure for the 
declaration that a tradem ark is invalid , and 
the revocation procedure relating to an 
internati onal registrati on of a mark, the date 
of the expiry of  a on e-year per iod running 
from the day followi ng the date of notification 
communicated by the Int ernati onal Bureau 
concerning the request for the extens ion of 
protection of the international registration  of 
a mark to the territory of  the Republic of 
Croatia, shall be  taken as the date of the 
internati onal trade mark re gistration.  
 
(2) If,  upon  the  expiry  of  a  one-year  period 
referred to in par agraph ( 1) of this Article, the 
procedure concern ing a re quest for the 
extensi on of protection of  an international 
registrati on of a tradem ark to the territ ory of 
the Republic of Croatia has  not yet been 
concluded the date on whi ch the Office 
notified  the Internation al Bur eau its final 
decision on the grant of p rotecti on, shall be 
taken as  the date of  the international 
registrati on”. Article 14  
In Article 67, par agraph (5) is deleted.  
 
Article 15  
In Article 6 7c, parag raph ( 1), the wor ds: “a 
Com munity  tradem ark  shall  be  an  earlier 
tradem ark” are repl aced by the words: “ an 
application for a Com munity  tradem ark and a 
Com munity tradem ark shall be earli er trademarks”. 
 
 
Article 16  
The  heading  above  Article  67e  is  amende d  to 
read:  
“CONVERSI ON OF A COMMUNITY  TRADEM ARK 
APPLICATION AND A COMMUNITY TRADEM ARK 
INTO A NATIONAL TRADEMARK APPLICATION”.  
Article 6 7e is amend ed to read:  
“(1)  Upon  a  request  for  conv ersion  of  a 
Com munity tradem ark application, or a 
Community  trademar k, respectively,  into a 
national trademark  application, filed pursuant 
to the provis ion of Article 109, paragr aph (3) 
of the Regulation  on the Comm unity trade 
mark,  the   Office   shall   carry   out   the 
procedure f or the tradem ark regis tration in 
accordan ce with the prov isions of this  Act. 
 
(2) The   admin istrative   fees   and   procedural 
charges for the registration referred to in 
paragraph (1) of this Article  shall be  paid in 
accordan ce with the provisions  of this  Act 
and othe r regulation s. 
 
(3) The Office  shall notify  the person filing the 
request referred to in paragraph (1) of  this 
Article of  the r eceipt  thereof and s hall invite 
him/her  to file a translation of  the Com munity 
tradem ark application i nto the Cr oatian 
language, wi thin a per iod of 60 days.  
 
(4) The date of filing,  the date of priority and the 
seniority shall be determi ned pursua nt to the 
provis ion of Article 108, p aragraph (3) of the 
Regulation on the Com munity trade mark”.  
 
 
Article 17  
In Article 67g,  parag raph (2) is delet ed. 
 
 
Article 18  
This Act shall enter  into force on the eighth day 
followin g day of the pu blicatio n thereof in the 
“Official Gazette”.  34  Trademarks  Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/ ***/****  
May 2018  
  
   
 
 
 
THE ACT ON AMENDMENTS 
TO THE TRADEMARKS ACT*** 
 
Article 1  
In  the  Trademarks  Act  („Offic ial  Gazette“  Nos. 
173/03,  76/07 and 30/09), in  Article 20, paragraph 
(2), t he w ords “adminis trative de cisions” are 
replaced by the word “dec isions”, and the last 
sentence is d eleted.  
Para graph (3) is delet ed. 
In the for mer paragraph ( 4), wh ich be comes 
paragraph ( 3), the words “admini strative decisions” 
are repl aced by the word “decisions”. 
 
 
Article 2  
In Article  22, par agraph (1),  the words “shall  invite 
the  applicant”  are  repl aced  by  the  words  “shall 
order the app licant  by a conclusion”, and the word 
“invitation” is repl aced by the w ord “conclusion”. 
In paragraph (2),  the w ords “with  the invitation”  are 
replaced by the w ords “with the con clusion”. 
In paragraph (3), the words  “shall  invite  the 
applicant” are replaced by the words “shall order 
the applicant by a con clusion”, and the word 
“invitation” is repl aced by the w ord “conclusion”. 
 
 
Article 3  
In Article 23, the w ord “invi tation” is  replaced by the 
word  “con clusion”,  and  the  Croa tian  word 
trans lated as “by a decision” is replaced by  another  
Croatian word trans lated as “by a d ecision”. 
 
 
Article 4  
In Article 24, par agraph (1) is amend ed to read:  
“(1) If the Office  finds  that any of the reason s for 
the refusal of a tradem ark accordi ng to Article  5, 
paragraph ( 1) of this Act exists,  it shall notify  the 
applicant for the regi stration of a tradem ark in 
writing  of the ground s for refusal and shall invite 
him to file o bservati ons and to submit evidence on 
the possible new  facts that might  influence  the final 
decision of the Office.”  
In parag raph (2) the words  “and to subm it evidence 
on the po ssible new facts that might  influence the 
final dec ision of the Office”  are del eted.  
After  paragraph (3), par agraphs (4) and (5) are 
adde d to rea d: 
 
 
 
  
 
***NN  49/2011, in force from  May 7, 2011 “(4) If the appl icant for the registration of a 
tradem ark fails to file within the prescribed time 
limit his observation s on the notification  of the 
grounds for refusal of  the registrati on in respe ct of 
all the good s or services for which the regi strati on 
has been applied  for, or fails to challen ge the 
grounds for s uch refusal,  a decision on the total 
refusal of the reg istrati on shall be iss ued. 
“(5) If the appl icant for the registration of a 
tradem ark fails to file within the prescribed time 
limit his observation s on the notification  of the 
partial  refusal of the registration  of a trademark, or 
if in the course of the proc edure c oncerning the 
observation s on the notification of the grounds for 
refusal of the regi strati on in respect of all  the good s 
or serv ices for which r egistration  has been applied 
for, it has be en found t hat a sign d oes not com ply 
with the requ irements for registration in respect of 
only some of the goods or services  for which the 
registrati on has be en ap plied for, a pa rtial dec ision 
on the ref usal of the registration s hall be issued.” 
 
 
Article 5  
In Article 25, a new paragraph ( 2) is added to read: 
“(2)  Where  the  registration  of  a  tradem ark  is 
partially  refused  in  accordance  with  Article  24 
paragraph ( 5) of this Act, the application  data 
relating to the goods or services  for which the 
registrati on applied f or may be grant ed shall be 
published af ter this pa rtial decision becomes final.”  
The for mer paragraph (2) becom es paragraph (3).  
 
 
Article 6  
In Article 28 pa ragraph (2),  the Cr oatian w ord 
trans lated as “by a decision” is replaced by  another 
Croatian word trans lated as “by a d ecision”. 
 
 
Article 7  
In Article 29, a new paragraph ( 3) is added to read: 
“(3)  The  Office  shall  transmit  a  copy  of  the 
observation s  on  a  reque st  for  the  proof  of  use 
furnished by the  holder of an earlie r tradem ark to 
the appl icant for the regi stration of a trad emark an d 
shall invite him to file h is observati ons with in a 
period of 30 days  from the day of receipt of  the 
invitation.”.  
The former par agraph s (3), (4) and (5) become 
paragraph s (4), (5 ) and (6).  
After the former pa ragraph ( 6), which bec omes 
paragraph ( 7), paragraphs (8) and (9) are added to 
read:  35 May 2018  
 Trade marks Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/*** /****  
  
  
 
“(8)  The  applicant  for  the  registration  of  a 
tradem ark and opponent may,  in a request sign ed 
by both of them and fil ed in the cou rse of the 
examination pr ocedure concerning the oppo sition, 
request the Office  to suspend the examination 
procedure concerni ng the opp ositio n for the 
purpose of attempting to r each a settle ment. 
(9) The Office shall c ontinue the examination 
procedure concerning the oppo sition on  request 
either  of the applicant  for the registration of a 
tradem ark  or  the  oppo nent,  and  not  later  than 
within  a period of 24 mont hs from the filing of the 
first reques t referred to in paragraph (8) of this 
Article,  if the pr ocedure has not been concluded up 
to the expiry of that period. ” 
 
 
Article 8  
In Article 30, after  paragraph (2), par agraph (3) is 
adde d to rea d: 
“(3) If the appl icant for the registration of a 
tradem ark r estricts the list of goods and services 
after  an  oppositi on  to  the  registration  of  a 
tradem ark as filed,  the Office shall notify  the 
oppo nent of the restriction of the list of good s or 
services, and shall invite him  to state whet her he 
insists on the oppositio n as filed,  within  a period of 
15 days  from the day of receipt of the invitation.  If 
the oppo nent fails  to notify  the Office  that he insists 
on the oppo sition as filed, the Office sha ll consider 
that he has withdrawn his opposition, and  shall 
disconti nue the opp ositio n procedu re. 
 
 
Article 9  
In Article 32, par agraph (1) is amend ed to read:  
“(1) If the grounds referred to in Article  5 parag raph 
(1) and Article  6 of this Act  do not constitute a 
barrier  to the regi strati on, the Office  shall order the 
applicant by a  conclusion to pay the prescribed 
procedural charges for the maint enance of  the 
tradem ark for the first ten-year period and for the 
publication  of the tradem ark data within  a period of 
30 days fr om the day of receipt of the c onclusion. 
In parag raph (2),  the Croatian  word trans lated as 
“by  a  d ecision”  is  repl aced  by  an other  Cr oatian 
word tran slated as “by a dec ision”. 
After  paragraph  ( 2),  paragraph  ( 3)  is  added  to 
read:  
“(3) If the charges referre d to in parag raph (1) of 
this Article are paid on time, a trademark shall be 
enter ed in the Register of T rademarks.”  
 
 
Article 10  
In Article 36a,  parag raph (3) is am ended to read: 
“(3) If the omitted  acts have not been performed 
within  the time limit referr ed to in paragraph (2) of this Article,  a requ est for the continu ed processing 
shall be rejected by a dec ision.” 
 
 
Article 11  
In Article 39, par agraph (4) is amend ed to read:  
“(4) On request of one of the parties, a license 
shall be entered in the register,  if an extract from 
the licensing contract  indicating  the par ties to that 
contract an d the rights being licensed, certified  as 
being  a  true  extract  from  that  cont ract  or  the 
original certificate of gr anting the lic ense, signe d by 
both the licensor and the lice nsee has been filed 
with the Office.  
 
 
Article 12  
In Article  40 parag raph (4) the words “or levy of 
executi on” are deleted.  
 
 
Article 13  
In Article  47 par agraph (2)  the Cr oatian  word 
trans lated as “by a decision” is replaced by  another 
Croatian word trans lated as “by a d ecision”. 
In paragraph (3)  the words “shall invite  the person 
who filed the requ est” are repl aced by the words 
“shall order the person who filed the reque st by a 
conclusion”, and the word “invitatio n” is replaced 
by the word “conclusion”. 
In paragraph (4), the word “invitatio n” is replaced 
by the word “c onclusion”, and the Cr oatian word 
trans lated as “by a decision” is replaced by  another 
Croatian word trans lated as “by a d ecision”. 
Para graph (6) is delet ed. 
After the former p aragraph ( 7), which bec omes 
paragraph (6), new paragraphs (7) a nd (8) are 
adde d to rea d: 
“(7) The Office shall transmit a copy of the 
observation s on the req uest for revocati on of a 
tradem ark furnis hed by the holde r of a tradem ark 
to the person who filed a reque st for the revocation 
of a tradem ark and s hall invite  him to file his 
observation s within  a period of 60 days  from the 
day of recei pt of the invitation.”  
(8) On request, the time limits referred  to in 
paragraph s (3), (5 ) and (7) of this A rticle may b e 
extended for  not more tha n 60 days.”  
The for mer paragraph (8) becom es paragraph (9).  
 
 
Article 14  
In Article 48, par agraph (1) is amend ed to read:  
“(1) After  the ex piry of the time  limit referred to in 
Article 47 pa ragraph (7) of this  Act, the Office shall 
examine the justificatio n of the grounds specifi ed in 
the requ est for revocation of the tradem ark.” 36  Trademarks  Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/ ***/****  
May 2018  
  
   
 
 
 
Article 15  
In Article 50 pa ragraph (2),  the Cr oatian w ord 
trans lated as “by a decision” is replaced by  another 
Croatian word trans lated as “by a d ecision”. 
In paragraph (3)  the words “shall invite  the person 
who filed the requ est” are repl aced by the words 
“shall order the person who filed the reque st by a 
conclusion”, and the word “invitatio n” is replaced 
by the word “conclusion”. 
In paragraph (4) the word “invitation” is repl aced by 
the word  “conc lusion”, and the Cr oatian  word 
trans lated as “by a decision” is replaced by  another 
Croatian word trans lated as “by a d ecision”. 
 
 
Article 16  
In Article 61 par agraph ( 2), the words “s hall invite 
the  applicant”  are  repl aced  by  the  words  “shall 
order the app licant  by a conclusion”, and the word 
“invitation” is repl aced by the w ord “conclusion”. 
Para graph (5) is am ended to read:  
“(5) If the applicant  for the internati onal registration 
of a mark  or the person who filed the reque st for 
recording of a change in the International Register 
does not, wi thin the prescribed time l imit, comply 
with the conclusion sent by the Office, and does 
not remedy the found defici encies within  the 
meani ng of paragraph (2) of  this Article , or if the 
application or request according to the Madrid 
Agreem ent, the Prot ocol and t he C ommon 
Regulations  may not be filed with the Offi ce, the 
application  or the request shall  be rej ected by a 
decision.” 
 
 
Article 17  
In Article 67 par agraph ( 1), the words “s hall invite 
him” are replaced by the words  “shall order him by 
a conclusion”, and the word “invitatio n” is replaced 
by the word “conclusion”. 
 
 
Article 18  
In Article  67e parag raph (3), the words “shall  invite 
him/her”  a re replaced by  the  words  “shall  order 
him/her by a conclusion”. 
 
 
Article 19  
The hea ding above Artic le 68 is am ended to read:  
“CORRECT ION OF MISTAKES” 
Article 68 i s amende d to r ead: 
“(1) Where the entry  in the register of a tradem ark 
or the publication of an applicatio n or a registrati on 
of a tradema rk contai ns a mistake  attributable to 
the Office,  the Office shall c orrect the mistake ex 
officio or on reque st of the party.  (2) A re quest for the correcti on of a mistake 
referred to in parag raph (1)  of this Article s hall not 
be subject to payment  of any  fee or procedural 
charges. 
(3) The Office s hall publish the correction of 
mistakes made in acc ordance with this  Article.”  
 
Article 20  
After Article 68, a headi ng and Artic le 68a are 
adde d to rea d: 
“INITIATION  OF A PROCEDURE 
Article 6 8a 
(1)   An   application   for   the   registration   of   a 
tradem ark may be filed with the Office directly in 
writing, by p ost, or by elec tronic me ans. 
(2) R equests for the initiation of other pr ocedures 
gover ned by this  Act shall be filed with the  Office 
directly in wri ting, or by post.  
(3) The requirements and manner in wh ich an 
application f or the regi stration of a trademark and 
other  requests for the initiation  of procedures shall 
be comm unicated to the Office shall be pr escribed 
by the Regu lations.  
 
 
Article 21  
In Article 69, par agraph (2) is deleted.  
 
 
Article 22  
In Article 7 4a, the Croat ian word  translated as  “a 
decision” in the app ropriate gram matical num ber 
and  case  is  replaced  by  anothe r  Croatian  word  
trans lated   as   “a   decision”   in   the   approp riate 
gram matical  numbe r and case.  
 
 
Article 23  
The Minister respon sible for the work  of the Office 
shall,  on a proposal given  by the Director General 
of the Office,  harmoni ze the Regulatio ns referred 
to in Article 83  of the Tradem arks Act (“Offic ial 
Gazette” Nos. 173/03, 76/ 07 an d 30/ 09) with t he 
provis ions of this Act not later than within  a period 
of two mont hs from the day of the entry  into force 
of this A ct. 
 
 
Article 24  
This Act shall enter  into force on the eighth day 
followin g the day  of the publ ication thereof  in the 
“Official Gazette”.  
 
 
  
 
 
 
 
 37 May 2018  
 Trade marks Act and 
THE ACT ON AMENDMENTS  TO THE TRADE MARKS  ACT */**/*** /****  
 THE ACT ON AMENDMENTS 
TO THE TRADEMARKS 
ACT**** 
 
Article 1  
In the Trademarks Act (»Official Gazette«, No. 
173/03, 54/05, 76/07, 30/09 and 49/11), in Article 
20 paragraphs (2) and (3) shall be amended to read:  
»(2) The decisions issued by the Office cannot be appealed, but an administrative dispute can be 
instituted before the Administrative Court in Zagreb.  
(3) The procedure referred to in paragraph (2) of 
this Article is urgent.«.  
 
 
Article 2  
In Article 36a paragraph (4), point 4 shall be 
deleted.  
Former points 5 and 6 shall become points 4 and 5.  
 
 
Article 3  
The heading of Part Twelve: »APPEAL«, headings 
above Articles and Articles 74a to 74d shall be 
deleted.  
 
 
Article 4  
After the words: »the Office« in Article 79e 
paragraph (3), the commas and the words: »or the 
Board of Appeal, respectively,« shall be deleted.  
 
 
TRANSITIONAL AND FINAL PROVISIONS  
Article  5 
The Minister responsible for supervision of the work of the State Intellectual Property Office shall 
harmonise the Trademark Regulations (»Official Gazette«, No. 117/07, 66/11, 125/13 and 43/17) 
with the provisions of this Act within 30 days from 
the da y of the entry into force of this Act.  
 
 
Article 6  
(1) Administrative procedures instituted by the 
provisions of the Trademarks Act (»Official 
Gazette«, No. 173/03, 54/05, 76/07, 30/09 and 
49/11) where the State Intellectual Property Office 
as the first instance authority issued the decision 
until the day of the entry into force of this Act shall 
be completed in accordance with the provisions of 
that Act and the regulations issued pursuant to that 
Act. 
 
****NN 46/2018, in force from  May 26, 2018 
 (2) Boards of Appeal in the field of industrial 
property rights established and appointed on the 
basis of the Patents Act (»Official Gazette«, No. 173/03, 54/05, 87/05, 76/07, 30/09, 128/10, 49/11 
and 76/13) shall continue to operate in accordance 
with the pro visions of that Act and the regulations 
issued pursuant to that Act until all the 
administrative procedures referred to in paragraph 
(1) of this Article are completed by reaching final 
decisions, after which they shall cease to operate.  
(3) If, because of dismissal of the president or 
members of the Boards of Appeal referred to in 
paragraph (2) of this Article, it is not possible to 
determine the Board of Appeal to decide on an 
appeal, the procedure of electing or appointing the 
president or necessary number of members of the 
Boards of Appeal can exceptionally be conducted in 
accordance with the provisions of the Patents Act 
(»Official Gazette«, No. 173/03, 54/05, 87/05, 
76/07, 30/09, 128/10, 49/11 and 76/13), for the 
needs of resolving the case referred to in paragraph 
(1) of this Article.  
 
Article 7  
This Act shall enter into force on the eighth day following the day of its publication in the »Official Gazette«.