WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/HRV/T/4 
10 November 2011 
 (11-5796) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  
  
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CROATIA 
   The present document reproduces the text
1 of the Trademarks Act and the Act on 
Amendments to the Trademarks Act, as notifie d by Croatia on 1 August 2011 under Article 63.2 of 
the Agreement (see document IP/N/1/HRV/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
CROATIE 
   Le présent document contient les textes
1 de la Loi sur les marques de fabrique ou de 
commerce et de la Loi portant modification de la Loi sur les marques de fabrique ou de commerce, 
notifiées par la Croatie le 1er août 2011 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/HRV/3). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
CROACIA 
 
  En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio y de la Ley por la que se modifica la Ley de Marcas de Fábrica o de  Comercio, que Croacia 
ha notificado el 1º de agosto de  2011 en virtud de lo dispuesto en  el párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/HRV/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  
 
  PP 3 - 39 Offset (PDF file attached)  
  
 
Trademarks 
Act 
 
 
And 
 
 
THE ACT ON AMENDMENTS TO  
THE TRADEMARKS ACT*/**/*** 
 
 
 
 
 
 
NN 173/2003 , in force from January 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 
 
 
Zagreb, July 2011  
IP/N/1/HRV/T/4 
Page 3I. BASIC PROVISIONS 
 
SCOPE OF APPLICATION  
Article 1  
This Act shall apply to individual, collective and 
guarantee trademarks which are the subject of a registration or an application for the registration of 
a trademark filed with the State Intellectual 
Property Office of the Republic of Croatia (hereinafter: "the Office"), or of an international 
registration having effect in the Republic of Croatia.  
SIGNS WHICH CAN BE PROTECTED AS 
TRADEMARKS  
Article 2  
Any sign capable of being represented graphically, 
particularly words, including personal names, 
designs, letters, numerals, the shape of goods or 
of their packaging, three-dimensional forms, colors, as well as the combinations of all the above 
indicated signs, may be protected as a trademark, 
provided that such signs are capable of distinguishing the goods or services of one 
undertaking from goods or services of another 
undertaking.  
PERSONS WHO MAY BE HOLDERS OF A 
TRADEMARK  
Article 3  
(1)  Any natural or legal person may be a holder 
of a registered trademark or an applicant for 
the registration of a trademark.  
(2)  Foreign legal and natural persons not having 
a principle place of business or a domicile or 
a habitual residence, respectively, in the Republic of Croatia shall, under this Act, 
enjoy the same rights as are enjoyed by the 
persons having a domicile or a real and 
effective industrial or commercial principle 
place of business in t he Republic of Croatia, 
if it results from the international treaties 
binding the Republic of Croatia or from the 
application of the principle of reciprocity.  
ACQUISITION OF A TRADEMARK  
Article 4  
(1)  In the Republic of Croatia a trademark shall 
be acquired by registration.  
(2)  For the purposes of this Act, "registration" 
shall mean entry of a trademark in the 
trademark register kept by the Office.  
 ABSOLUTE GROUNDS FOR REFUSAL 
Article 5  
(1)  The following shall not be registered:  
1. signs, which may not be protected as 
trademarks in accordance with the requirements set out in Article 2 of this 
Act,  
2. signs, which are devoid of distinctive 
character in relation to the goods or services for which registration is 
requested,  
3. signs which consist exclusively of signs 
or indications which may serve, in trade, to designate the kind, quality, quantity, 
intended purpose, value, geographical 
origin, or the time of production of the goods or of providing of the service, or to 
designate other characteristics of the 
goods or services,  
4. signs which consist exclusively of signs 
or indications which have become customary in the everyday language or in good faith and the established 
practices of trade,  
5. signs which consist exclusively of the 
shape which results from the nature of the goods as such, or the shape of 
goods which is necessary to obtain a technical result, or the shape which 
gives substantial value to the goods,  
6. signs, which are contrary to public policy 
or to accepted principles of morality,  
7. signs which are of such a nature as to 
deceive the public, for instance as to the nature, quality or geographical origin of 
the goods or services,  
8. signs, which have not been authorized 
by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention for the Protection of 
Industrial Property (hereinafter: "the 
Paris Convention".)  
9.  signs for wines which contain or consist 
of geographical indications identifying wines and signs for spirits which contain or consist of geographical indications 
identifying spirits with respect to such 
wines or spirits not having that geographical origin,  
10. signs, which contain the name or 
abbreviation of the name, national coat of arms, emblem, flag or other official 
IP/N/1/HRV/T/4 
Page 5sign of the Republic of Croatia, or a part 
thereof, and the imitation thereof, except 
with the authorization of the competent 
authority of the Republic of Croatia.  
(2)  Registration 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 trademark proves that the sign has, before 
the date of filing of the application for the 
registration and following the use which has been made of it, acquired a distinctive 
character in respect of the goods or services 
for which registration is requested.  
RELATIVE GROUNDS FOR REFUSAL  
Article 6  
(1)  Upon an opposition as filed, a sign shall not 
be registered:  
1. if it is identical wi th an earlier trademark 
registered for identical goods or services,  
2. if because of its identity with, or similarity 
to, the earlier trademark and the identity 
or similarity of the goods or services, there is a likelihood of confusion on the 
part of the public, which includes the 
likelihood of its association with the earlier trademark.  
(2)  For the purposes of this Act, "earlier 
trademark" shall mean:  
1.  trademarks registered in the Republic of 
Croatia, enjoying priority right referred to 
in Articles 17, 18 and 19 of this Act,  
2.  trademarks registered under international 
treaties, having effect in the Republic of Croatia, and enjoying priority right 
referred to in Articles 17, 18 and 19 of 
this Act,  
3. applications for the registration of 
trademarks referred to in item 1 of this paragraph, provided that the trademarks become registered,  
4. trademarks which, on the date of 
application for the registration of a trademark, or, if priority is claimed, on the 
date of priority right claimed in the 
application, are well known in the Republic of Croatia, in the sense in which 
the words "well known" are used in 
Article 6bis of the Paris Convention.  
(3)  Upon opposition as filed by the holder of an 
earlier trademark, a sign shall not be registered if it is identical with, or similar to, an earlier trademark and the registration has been requested for goods or services which 
are not similar to those for which the earlier 
trademark is registered, where the earlier trademark has a reputation in the Republic 
of Croatia and where the use of the later 
trademark without due cause would take unfair advantage of, or be detrimental to, the 
distinctive character or the reputation of the 
earlier trademark;  
(4)  Upon opposition as filed, a sign shall not be 
registered if its use would infringe one of the following earlier rights:  
1. a right to a personal name,  
2. a right of personal portrayal,  
3. a copyright,  4. industrial 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 application for the 
registration of a trademark, or, if priority right 
is claimed, as from the date of priority 
claimed in the application.  
(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 filing of an application for the registration of a trademark, had a firm, 
provided that such 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 identical or similar goods 
or services are the subject matter of the firm’s activity, unless the applicant had the 
identical or similar firm at the time of filing 
the application for registration of a trademark.  
(7)  On the basis of opposition as filed, a sign 
shall not be registered if it is identical with, or similar to, an earlier trademark which was 
registered for identical or similar goods or 
services and conferred on them a right 
which has expired for failure to renew the 
registration of the trademark within a period of not more than two years as from the 
expiry of the trademark, unless the holder of 
the earlier trademark gave his consent for the registration of the later trademark or did 
not use his trademark. 
 
 
IP/N/1/HRV/T/4 
Page 6II. EFFECTS OF A TRADEMARK  
 
RIGHTS CONFERRED BY A TRADEMARK  
Article 7  
(1)  A registered trademar k shall confer on its 
holder the exclusive rights therein.  
(2)  The holder shall be entitled to prevent all 
third parties not having his authorization from 
using in the course of trade:  
1. any sign which is identical with his 
trademark in relation to goods or services which are identical with those for which 
the trademark is registered,  
2. any sign where, be cause of its identity 
with, or similarity to, his trademark and the identity or similarity of the goods or 
services covered by the trademark and the sign, there is a likelihood of confusion 
on the part of the public, which includes 
the likelihood of association of the sign with the trademark,  
3. any sign which is identical with, or similar 
to, his trademark in relation to goods or services which are not similar to those for 
which the trademark is registered, where 
the trademark has a reputation in the Republic of Croatia and where use of that 
sign without due cause takes unfair 
advantage of, or is detrimental to, the distinctive character or the reputation of 
the trademark.  
(3)  Within the meaning of paragraph (2) of this 
Article, the holder of a trademark may also 
prohibit the following:  
1. affixing the sign to the goods or to the 
packaging thereof,  
2. offering the goods, or putting them on the 
market or stocking them for these 
purposes under that sign, or offering or 
providing services there under,  
3. importing or exporting the goods under 
the sign,  
4. using the sign on business papers and in 
advertising.  
(4)  The rights conferred by a trademark shall 
have effect against third parties as from the date of publication of the registration of a 
trademark.  
 REPRODUCTION OF A TRADEMARK IN 
DICTIONARIES  
Article 8  
If the reproduction of a trademark in a dictionary, 
encyclopedia or similar publications, including 
those in electronic form, gives the impression that 
the trademark constitutes the generic name of the 
goods or services for which it is registered, the publisher of the work shall, on request of the 
holder of the trademark, ensure that the 
reproduction of the trademark is, at the latest in the next edition of the publicat ion, accompanied by a 
note that it is a registered trademark.  
 
PROHIBITION OF THE USE OF A 
TRADEMARK REGISTERED IN THE NAME 
OF A TRADE AGENT OR A 
REPRESENTATIVE  
Article 9  
Where a trademark is registered in the name of the 
trade agent or a representative of a holder of the 
trademark, without the holder's authorization, the holder shall be entitled to prohibit the use of this 
trademark by the agent or representative.  
 
LIMITATION OF THE EFFECTS OF A 
TRADEMARK  
Article 10  
(1)  A trademark shall not entitle its holder to 
prohibit a third party from using, in the course of trade: his own name or address, 
indications concerning the kind, quality, quantity, intended purpose, value, 
geographical origin, the time of production of 
goods or of providing of a service, or 
indications concerning other characteristics 
of goods or services.  
(2)  A trademark shall not entitle its holder to 
prohibit a third party from using, in the course of trade the trademark where it is 
necessary to indicate the intended purpose 
of a product or a service, in particular as 
accessories or spare parts, provided that such sign is used in accordance with 
established and honest practices in 
industrial or commercial activity and fair competition.  
(3)  A trade mark shall not entitle the holder of 
the trademark to prohibit a third party from using, in the course of trade, an earlier right 
which only applies in a particular locality if 
that right is recognized by the laws of the Republic of Croatia and within the limits of 
the territory in which it is recognized.  
IP/N/1/HRV/T/4 
Page 7EXHAUSTION OF THE RIGHTS  
Article 11  
(1)  Exhaustion of the right to prohibit the use of 
a trademark in relation to goods or services 
shall start having effect by putting these goods or services on the market in the 
Republic of Croatia by the holder of the 
trademark or with his authorization.  
(2)  Paragraph (1) of this Article shall not apply 
where there are justified reasons for the holder of the trademark to oppose further 
commercialization of the goods, especially 
where the condition of the goods is changed or impaired after they have been put on the 
market.  
(3)  The exhaustion of the rights referred to in 
paragraph (1) of this Article may be extended beyond the territory of the 
Republic of Croatia, if this is in conformity with international treaties, binding the 
Republic of Croatia.  
LIMITATION OF RIGHTS IN  
CONSEQUENCE OF ACQUIESCENCE  
Article 12  
(1)  Where the holder of an earlier trademark 
has acquiesced, within a continuous period 
of five years, in the use of a later trademark 
while being aware of such use, he shall no 
longer be entitled on the basis of the earlier trademark either to file a request for a 
declaration that the later trademark is invalid 
or to oppose the use of the later trademark 
in relation to the goods or services for which 
the later trademark has been used, unless the registration of the later trademark was 
applied for in bad faith.  
(2)  Paragraph (1) of this Article shall also apply 
to the holders of earlier rights referred to in Article 6 paragraphs (4) or (6) of this Act.  
(3)  In the cases referred to in paragraphs (1) 
and (2) of this Article, the holder of a later registered trademark shall not be entitled to 
oppose the use of the earlier right, even though the holder of the earlier right may no 
longer invoke that right against the later 
trademark.  
 
 
   III. USE OF A TRADEMARK  
 
USE OF A TRADEMARK  
Article 13  
(1)  A holder of a trademark shall be entitled to 
use a trademark in relation to the goods or 
services for which it is registered.  
(2)  The following shall also constitute the use 
within the meaning of paragraph (1) of this Article:  
1. use of the trademark in a form differing in 
elements which do not alter the 
distinctive character of the trademark in 
respect of the form in which it was registered,  
2. affixing of the trademark to goods or to 
the packaging thereof in the Republic of Croatia concerned solely for export 
purposes.  
(3)  Use of the trademark with the authorization 
of the holder or by any person who has authority to use a collective mark or a 
guarantee mark shall be deemed to constitute use by the holder.  
(4)  If, within a continuo us period of five years 
following the date of registration, the holder has not put his trademark to genuine use in 
the Republic of Croatia in relation to the 
goods 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, Article 46 paragraph 
(2) and Article 51 paragraph (5) of this Act, unless there are justified reasons for non-
use.  
IV. APPLICATION FOR THE 
REGISTRATION OF A TRADEMARK  
 
FILING OF AN APPLICATION  
Article 14  
(1)  An application for the registration of a 
trademark shall be filed with the Office.  
(2)  An applicant cannot, by one application, 
request registration of more than one sign 
for which trademark protection is sought.  
 
  
IP/N/1/HRV/T/4 
Page 8REQUIREMENTS WITH WHICH AN 
APPLICATION MUST COMPLY  
Article 15  
(1)  An application for the registration of a 
trademark shall contain:  
1. a request for the registration of a 
trademark,  
2. information about the applicant,  3. a list of the goods or services for which 
the registration is requested,  
4. a representation of the sign of which the 
registration is requested.  
(2)  An application for the registration of a 
trademark shall be considered to have been 
filed if it complies with the requirements set 
out in paragraph (1) of this Article.  
(3)  Other elements of the application and the 
attachments thereto shall be filed in accordance with the Regulations on 
Trademarks (hereinafter: "the Regulations").  
CLASSIFICATION  
Article 16  
The goods or services in relation to which an application for the registration of a trademark is 
filed shall be classified in conformity with the 
International Classification of Goods and Services established by the Nice Agreement Concerning the 
International Classification of Goods and Services 
for the Purposes of the Registration of Marks.  
 
APPLICATION FILING PRIORITY  
Article 17  
(1)  If the application for the registration of a 
trademark is filed in accordance with Article 15 paragraph (1) of this Act, the applicant for the registration of the trademark shall 
acquire the right of priority on the basis of 
the application filing date over any other applicant filing later an application for the 
identical or similar sign for which the 
registration for the identical or similar goods or services is requested.  
(2)  Every application filed under multilateral 
agreements to which the Republic of Croatia is a party also gives rise to a right of priority.  
UNION PRIORITY RIGHT  
Article 18  
(1)  If the applicant for the registration of a 
trademark has filed the application for the first time in a Member State of the Paris Union for the Protection of Industrial 
Property (hereinafter: "the Paris Union") or in 
a Member State of the World Trade Organization, he may, when filing the 
application for the same trademark in the 
Republic of Croatia, invoke the date of the first filing, provided that he files the 
application in the Republic of Croatia within 
six months from the date of the first filing.  
(2)  The applicant invoking the union priority right 
shall indicate, in the ap plication he is filing 
with the Office, the relevant data on the application he is invoking (State, date and 
number of the application) and shall attach 
thereto a true copy of the first application certified by the competent authority of the 
Member State of the Paris Union or the 
Member State of the World Trade Organization not later than within three 
months from the date of filing a priority 
claim, and the translation of the first 
application into the Croatian language.  
EXHIBITION PRIORITY RIGHT  
Article 19  
(1)  If the applicant for the registration of a 
trademark has displayed the goods or 
services designated by a specific sign at an official or officially recognized international 
exhibition in the Republic of Croatia, in any 
of the Member States of the Paris Union or 
in any of the Member States of the World 
Trade Organization, he may request that the date of the first day of the exhibition of the 
goods or of providing of the services be 
accorded as the date of the first application, provided that he files the application in the 
Republic of Croatia within six months as 
from that date.  
(2)  The applicant invoking the exhibition priority 
right shall, in addition to the application he is filing with the Office, submit a certificate issued by the competent authority of the 
Member State of the Paris Union or the 
Member State of the World Trade Organization indicating the type of the 
exhibition, the venue thereof, its opening 
and closing dates and the first day of the exhibition of the goods or services specified 
in the application.  
 
 
IP/N/1/HRV/T/4 
Page 9V. PROCEDURE FOR THE REGISTRATION 
OF A TRADEMARK  
 
THE OFFICE AUTHORITY  
Article 20  
(1)  The administrative tasks relating to the 
registration of trademarks shall be carried 
out by the Office.  
(2)  The administrative decisions made by the 
Office shall not be subject to any appeal, but an administrative lawsuit may be instituted.  
EXAMINATION OF THE CORRECTNESS  
OF THE APPLICATION  
Article 21  
(1) The examination of the correctness of the 
application shall include the examination of 
compliance with all the requirements 
prescribed by this Act and the Regulations.  
(2)  The application for the registration of a 
trademark shall be correct:  
1.  if it is filed in accordance with Article 14 
paragraph (2) of this Act,  
2.  if it is filed in accordance with the 
requirements set out in Article 15 
paragraphs (1) and (3) of this Act.  
 
REMEDYING THE DEFICIENCIES  
OF THE APPLICATION  
Article 22  
(1)  If the application for the registration of a 
trademark complies with the requirements set out in Article 15 paragraph (1) of this Act, 
but is not filed in a way to contain all the 
necessary elements and attachments in accordance with the Regulations, the Office 
shall invite the applicant to remedy the 
deficiencies within 60 days as from the day of receipt of the invitation.  
(2)  If the applicant remedies the deficiencies in 
the application in accordance with the invitation referred to in paragraph (1) of this 
Article within the prescribed time limit, the 
application shall be considered to be correct as from the beginning.  
(3)  If the application does not comply with the 
requirements set out in Article 15 paragraph (1) of this Act, it shall not be considered as 
the application for the registration of a 
trademark, and the Office shall invite the applicant to remedy all the found 
deficiencies within 60 days as from the day 
of receipt of the invitation.  (4)  The date of receipt of the corrected 
application within the meaning of the 
paragraph (3) of this Article shall be 
considered to be the date for establishing the priority right referred to in Article 17 of 
this Act.  
(5)  On request of the applicant, the time limit 
laid down in paragraphs (1) and (3) of this Article may be extended for not more than 
60 days.  
REJECTION OF THE APPLICATION  
Article 23  
If the applicant for the registration of a trademark does not, within the prescribed time limit, comply 
with the invitation sent by the Office and does not 
remedy the found deficiencies within the meaning of Article 22 paragraphs (1) and (3) of this Act, the 
application shall be rejected by a decision.  
 
REFUSAL OF THE REGISTRATION  
OF A TRADEMARK  
Article 24  
(1)  The decision on the refusal of the 
registration in full or the decision on the refusal of the registration in relation to only 
some goods or services for which the registration was requested shall not be 
made before the applicant for the 
registration of the trademark is notified in writing about the grounds for refusal and 
invited to withdraw the application or to 
amend it or to submit his observations on the grounds for refusal of the registration.  
(2)  The applicant shall have the right to act 
according to paragraph (1) of this Article within 60 days from the day of the receipt of 
the written notification of the grounds for 
refusal of the registration and to submit evidence on the possible new facts that 
might influence the final decision 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 more than 60 days.  
PUBLICATION OF THE APPLICATION  
Article 25  
(1)  If all the requirements set out in Article 21 
paragraph (2) of this Act are complied with, if 
there are no grounds for refusal of the 
registration under Article 5 paragraph (1) of this Act, and if the prescribed procedural 
charges for the publication of an application 
IP/N/1/HRV/T/4 
Page 10are paid, the application data shall be 
published in "The Croatian Intellectual 
Property Gazette" (hereinafter: "the Office 
official gazette").  
(2)  The application data to be published in the 
Office official gazette shall be prescribed by the Regulations.  
OPINIONS BY THIRD PARTIES  
Article 26  
(1)  Following the publication of an application for 
the registration of a trademark, any natural 
or legal person and any group or body 
representing manufacturers, providers of services, traders or consumers, may submit 
to the Office, within a period of three months 
from the date of publication of the application for the registration of a trademark, their 
written opinions, explaining, in particular, the 
grounds referred to in Article 5 paragraph (1) of this Act.  
(2)  The persons, groups or bodies referred to in 
paragraph (1) of this Article shall not be considered parties to the proceedings.  
(3)  The Office shall send the opinions referred to 
in paragraph (1) of this Article to the applicant for the registration of a trademark 
who may submit his observations thereon 
within 15 days as from the day of receipt of a copy of the opinion.  
 
OPPOSITION  
Article 27  
(1)  Within a period of three months from the 
date of publication of an application for the registration of a trademark, entitled to file 
with the Office an opposition to registration 
of the trademark, which may be based only on the grounds for refusal referred to in 
Article 6 of this Act, shall be:  
1.  in respect of Article 6 paragraphs (1) and 
(3) of this Act, the holder of an earlier 
trademark and the licensee in 
accordance with Article 39 paragraph (4) or (5) of this Act,  
2.  the holder of any of the rights referred to 
in Article 6 paragraph (4) of this Act,  
3.  the person who had a firm within the 
meaning of Article 6 paragraph (6) of this Act,  4.  the holder of an earlier trademark within 
the meaning of Article 6 paragraph (7) of 
this Act.  
(2)  If, on the date of publication of an 
application, the earlier trademark, on which the opposition is based, is subject to a 
pending revocation procedure or a pending procedure for a declaration that the 
trademark is invalid, the Office shall suspend 
the opposition procedure until the decision from the earlier initiated revocation 
procedure or the procedure for a declaration 
that the trademark is invalid has become final.  
(3)  The time limit for filing the opposition, laid 
down in paragraph (1) of this Article, shall not be extended, nor shall it be possible to 
submit, after the expiry of this time limit, 
additions to the opposition, which include submissions of additional evidence and 
documentation supporting the justification of 
the grounds specified in the opposition.  
(4)  The opposition shall be filed under 
conditions and in the manner as prescribed 
by the Regulations.  
OPPOSITION PROCEDURE  
Article 28  
(1)  The Office shall examine whether the 
opposition is filed by the person entitled to 
file the opposition within the meaning of 
Article 27 paragraph (1) of this Act, whether 
the opposition is filed within the prescribed 
time limit and whether it is filed as prescribed by the Regulations.  
(2)  If the requirements set out in paragraph (1) 
of this Article are not complied with, the Office shall reject the opposition by a 
decision.  
(3)  If the requirements set out in paragraph (1) 
of this Article are complied with, the Office shall notify the applicant of the opposition as 
filed, and shall send him a copy of the opposition, inviting him to submit his 
observations on the opposition within 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 extended, nor shall it be possible to submit, after the expiry of this 
time limit, additions to the observations on 
the opposition, which include submissions of additional evidence and documentation.  
IP/N/1/HRV/T/4 
Page 11(5)  If the applicant does not submit his 
observations on the opposition within the 
prescribed time limit, the requested 
registration of the trademark shall be refused within the limits of the requests referred to in 
the opposition.  
(6)  If the Office considers it necessary, it may 
provide for oral hearings to be held in the 
opposition procedure.  
EXAMINATION OF THE OPPOSITION  
Article 29  
(1)  If the applicant for the registration of a 
trademark submits his observations on the opposition within the prescribed time limit, the Office shall examine the justification of 
the grounds specified in the opposition.  
(2)  If the applicant for the registration of a 
trademark so requests, the holder of an earlier trademark who has filed the 
opposition to the registration shall furnish proof that, during the period of five years 
preceding the date of publication of the 
application, he has used the trademark in the 
Republic of Croatia within the meaning of 
Article 13 paragraphs (2), (3) and (4) of this Act, for the goods or services in respect of 
which it is registered and which he cites as 
justification for the opposition, or he shall furnish proof that there are justified reasons 
for non-use, provided that the earlier 
trademark has, on the date of publication of the application for the registration of the 
trademark, been registered for not less than 
five years.  
(3)  If the holder does not prove the use of his 
trademark within the meaning of paragraph (2) of this Article, the opposition shall be refused.  
(4)  If the earlier trademark has been used in 
relation to a part only of the goods or services for which it is registered it shall, for 
the purposes of the examination of the 
opposition, be deemed to be registered in 
respect only of that part of the goods or 
services.  
(5)  If, in the examination procedure concerning 
the opposition, the Office finds that the opposition is unjustified, it shall be refused and the decision to that effect shall be sent 
to the applicant and to the opponent.  
(6)  If, in the examination procedure concerning 
the opposition, the Office finds that the opposition is justified, the registration of the trademark shall be refused or partially 
granted, and the decision to that effect shall 
be sent to the applicant and to the opponent.  
WITHDRAWAL OF THE APPLICATION  
AND RESTRICTION OF THE LIST OF 
GOODS OR SERVICES  
Article 30  
(1)  The applicant for the registration of a 
trademark 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 goods or services shall be published in the Office official 
gazette later on.  
AMENDMENTS OF THE APPLICATION  
FOR THE REGISTRATION OF A 
TRADEMARK  
Article 31  
(1)  On request of the applicant for the 
registration of a trademark or ex officio, amendments of the application can be made 
only in cases where 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, provided that such amendments do not require extension of the 
list of goods or services.  
(2)  The representation of a sign that is applied 
for shall not be altered, except where it includes the name and address of the 
applicant for the registration of a trademark. In that case, on request of the applicant, an 
alteration, not substantially affecting the 
identity of the sign as originally entered in the register, may be entered in the register.  
(3)  If the application for the registration of a 
trademark has already been published, the amendments of the application shall be 
published in the Office official gazette later 
on, subject to the prior payment of the 
prescribed procedural charges.  
REGISTRATION OF THE TRADEMARK  
Article 32  
(1)  If the grounds referred to in Article 5 
paragraph (1) and Article 6 of this Act do not 
constitute a barrier to the registration, the trademark shall be entered in the trademark 
register, subject to the prior payment of the 
IP/N/1/HRV/T/4 
Page 12procedural charges for the maintenance of 
the trademark for the first ten-year period 
and for the publication of the data on the 
trademark.  
(2)  If the procedural charges referred to in the 
paragraph (1) of this Article are not paid, the application for the registration of a trademark shall be rejected by a decision.  
DIVISION OF THE APPLICATION  
AND THE REGISTRATION  
Article 33  
(1)  Any application or a registration of a 
trademark may be, on request of the applicant or the holder of the trademark, divided into two or several applications or 
registrations in respect of the list of the 
goods or services covered by the application or the registration.  
(2)  The divisional applications or registrations 
shall maintain the priority right from the first application or the registration.  
(3)  The procedure of division of an application 
or a registration shall be prescribed by the 
Regulations.  
(4)  The data concerning divisional applications 
or registrations shall be entered in the register and published in the Office official 
gazette.  
PUBLICATION OF THE TRADEMARK  
Article 34  
(1)  The data concerning a trademark shall be 
published in the Office official gazette not 
later than within three months from the date 
of entry of the trademark in the register.  
(2)  The data to be published in the Office official 
gazette shall be prescribed by the Regulations.  
TRADEMARK CERTIFICATE  
Article 35  
(1)  On request of the holder of a trademark, and 
subject to the prior payment of the 
prescribed procedural charges for the 
issuance of the tradem ark certificate, the 
Office shall issue the certificate to the holder 
of the trademark not later than within three 
months from the date of publication of the trademark in the Office official gazette.  (2)  The data to be contained in the trademark 
certificate shall be prescribed by the 
Regulations.  
AMENDMENTS OF THE REGISTRATION  
OF A TRADEMARK  
Article 36  
(1)  On request of the holder of a trademark or 
ex officio, amendments of the registration of 
a trademark can be made only in cases 
where it is necessary to correct the name or 
address of the holder of the trademark, and errors of wording or of copying, or to correct 
some other obvious mistakes, provided that 
such amendments do not require extension of the list of goods or services.  
(2)  The representation of a trademark shall not 
be altered during the period of registration or on renewal thereof, except where it includes 
the name and address of the holder. In that 
case, on request of the holder, an alteration, not substantially affect ing the identity of the 
trademark as originally entered in the register, may be entered in the register.  
(3)  Where the registration has already been 
published, the amendments of the registration shall be published in the Office 
official gazette later on, subject to the prior 
payment of the prescribed procedural charges.  
VI. CHANGES RELATING  
TO A TRADEMARK  
 
ENTRY OF CHANGES  
Article 37  
(1)  On request of the applicant for the 
registration of a trademark or the holder of a trademark, the Office shall enter in the 
register all the changes occurring after the 
filing of the application for the registration of a trademark or after the registration of a 
trademark, provided that they correspond to 
the real situation and that they do not affect 
the representation of the registered 
trademark.  
(2)  The changes entered in the trademark 
register shall be published in the Office official gazette.  
(3)  The data to be contained in the request for 
the entry of any change relating to a trademark shall be prescribed by the Regulations.  
IP/N/1/HRV/T/4 
Page 13TRANSFER OF RIGHTS  
Article 38  
(1)  The holder of a trademark may transfer his 
trademark 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 entered in the register, if a 
certified copy of the transfer contract, or the 
certified part of the contract, or the original 
certificate of the tran sfer signed both by the 
former and the new holder of the right is submitted to the Office.  
(3)  The transfer of rights shall be published in 
the Office official gazette and it shall have 
effect against third parties after the entry 
thereof in the register.  
(4) The request for the entry of the transfer of 
rights in the register shall be filed under the conditions and in the manner as prescribed by the Regulations.  
 
LICENSE  
Article 39  
(1)  A trademark may be licensed for some or all 
of the goods or services for which it is registered and for the whole or a part of the territory of the Republic of Croatia.  
(2)  A license may be exclusive or non-exclusive.  
(3)  The holder of a trademark may invoke the 
rights conferred by the trademark against a 
licensee who contravenes any provision of 
the licensing contract with regard to its 
duration, the form covered by the 
registration in which the trademark may be used, the scope of the goods or services for 
which the license is grant ed, the territory in 
which the trademark may be affixed, the 
quality of the goods manufactured 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 infringement of a trademark only if the holder of the trademark consents 
thereto.  
(5)  Without prejudice to the provisions of the 
licensing contract, the holder of an exclusive license may institute proceedings for the 
infringement of a trademark, if the holder of the trademark, after a formal notice, does 
not himself institute infringement 
proceedings within an appropriate period.  (6)  On request of one of the parties, the license 
shall be entered in the register, if a certified 
copy of the licensing contract, or the certified 
part of the contract, or the original certificate of granting the license signed both by the 
licensor and the licensee is submitted to the 
Office.  
(7)  If the prescribed fee and procedural charges 
are paid, the license shall be published in the Office official gazette, and it shall have effect against third parties after the entry 
thereof in the register.  
(8)  The request for the entry of the license in the 
register shall be filed under the conditions and in the manner as prescribed by the 
Regulations.  
RIGHTS IN REM AND LEVY OF EXECUTION  
Article 40  
(1)  A trademark may be subject to the rights in 
rem and levy of execution.  
(2)  On request of one of the parties, the rights in 
rem and levy of execution shall be entered in the register.  
(3)  Rights in rem and levy of execution shall be 
published in the Office official gazette and shall have effect against third parties after 
the entry thereof in the register.  
(4)  The request for the ent ry of the rights in rem 
or levy of execution in the register shall be filed under the conditions and in the manner 
as prescribed by the Regulations.  
BANKRUPTCY PROCEEDINGS  
Article 41  
Where a trademark is involved in bankruptcy proceedings, on request of the competent authority 
an indication to that effect shall be entered in the 
register and published.  
 
RIGHTS CONFERRED BY AN APPLICATION  
Article 42  
Articles 38 to 41 of this Act shall also apply to 
applications for the registration of a trademark.  
 
VII. DURATION, RENEWAL AND CEASING 
OF EFFECTS OF A TRADEMARK  
 
PERIOD OF PROTECTION  
Article 43  
The period of protection of a registered trademark 
shall last ten years counting from the date of filing 
IP/N/1/HRV/T/4 
Page 14of the application for the registration of a 
trademark.  
 
RENEWAL OF THE REGISTRATION  
OF A TRADEMARK  
Article 44  
(1)  The registration of a trademark may be 
renewed indefinite number of times, for the  
periods of ten years each, provided that the holder of the trademark files with the Office a 
request for renewal of the registration of the 
trademark and pays the prescribed fee and procedural charges in the course of the last 
year of the ten-year period of protection.  
(2)  The request for renewal of the registration of 
a trademark may be submitted and the fee and procedural charges paid within the 
additional period of six months following the expiry of the period referred to in paragraph 
(1) of this Article, in which case the amount 
of the prescribed fee and procedural charges shall be doubled.  
(3)  The new period of protection shall begin with 
the day of expiry of the previous 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 person 
expressly authorized by him.  
(5)  Where the request for renewal of the 
registration of a trademark is filed in respect of only of some of the goods or services for 
which the trademark is registered, the 
registration shall be renewed for those 
goods or services only.  
(6)  The renewal of the registration of a 
trademark shall be entered in the register and published in the Office official gazette.  
(7)  If the registration is not renewed, the 
trademark shall cease to have effect from the day of expiry of t he period of protection.  
(8)  The data to be contained in the request for 
renewal of the registration of a trademark shall be prescribed by the Regulations.  
SURRENDER OF THE TRADEMARK  
Article 45  
(1)  The holder of a trademark may surrender 
the trademark in respect of some or all of the 
goods or services for which it is registered 
by a written declaration.  (2)  If a license has been entered in the register, 
the surrender of the trademark shall only be 
entered in the register if the holder of the 
trademark proves that he has informed the licensee of his intention to surrender the 
trademark.  
(3)  On the basis of the declaration of surrender, 
the trademark shall cease to have effect on 
the day the holder has submitted the 
declaration of surrender.  
REVOCATION OF A TRADEMARK  
Article 46  
(1)  The request for revocation of a trademark 
may be filed with the Office by any natural or 
legal person.  
(2)  A trademark may be revoked if, within a 
continuous period of five years, it has not been put to genuine use in the Republic of 
Croatia in relation to the goods or services in 
respect of which it is registered, and there are no justified reasons for non-use.  
(3)  A trademark may also be revoked if, after 
the date on which it was registered,  
1. in consequence of acts or inactivity of the 
holder, it has become a common name in 
the trade for products or services in respect of which it is registered,  
2. in consequence of the use made of it by 
the holder of the trademark or with his authorization, in respect of the goods or 
services for which it is registered, it is 
liable to mislead the public, particularly as 
to the nature, quality or geographical 
origin of those goods or services.  
(4)  The request for revocation of a trademark 
shall be filed under conditions and in the manner as prescribed by the Regulations.  
PROCEDURE CONCERNING THE 
REQUEST FOR REFUSAL OF A 
TRADEMARK  
Article 47  
(1)  The Office shall examine whether the 
request for revocation of a trademark is filed in accordance with Article 46 of this Act.  
(2)  If the request for revocation of a trademark 
is filed before the expiry of a period of five years from the registration of the trademark the revocation of which is requested, and if it 
is not filed on the grounds specified in Article 
IP/N/1/HRV/T/4 
Page 1546 paragraphs (2) and (3), the Office shall 
reject the request by a decision.  
(3)  If the request for revocation of a trademark 
is not filed as prescribed by the Regulations, the Office shall invite the person who filed 
the request to remedy the deficiencies 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 deficiencies in the request within the meaning of paragraph (3) of this Article, 
the request shall be rejected by a decision.  
(5)  If the requirements set out in paragraph (1) 
of this Article are complied with, the Office shall notify the holder of the trademark of the 
request for revocation of the trademark as 
filed, and shall send him a copy of the 
request, inviting him to submit his 
observations on the request within 60 days 
from the day of receipt of the invitation.  
(6)  On request, the time limits laid down in 
paragraphs (3) and (5) of this Article may be extended for not more than 60 days.  
(7)  If the holder of the trademark in respect of 
which the revocation is requested does not submit his observations on the request 
within the prescribed time limit, the trademark shall be revoked for those goods 
or services in respect of which the request 
was filed.  
(8)  If the Office considers it necessary, it may 
provide for oral hearing to be held in the revocation procedure.  
EXAMINATION OF THE REQUEST  
FOR REVOCATION OF A TRADEMARK  
Article 48  
(1)  If the holder of the trademark in respect of 
which the revocation is requested submits 
his observations on the request within the 
prescribed time limit, the Office shall 
examine the justification of the grounds 
specified in the request for revocation of the trademark.  
(2)  In the examination procedure concerning the 
request for revocation of a trademark the Office may invite the parties to submit 
additional evidence, documentation and 
observations within 60 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 than 60 days.  
(4)  If the party in the procedure does not 
respond to the invitation referred to in paragraph (3) of this Article within the 
prescribed time limit, th e Office shall make a 
decision on the basis of the facts available 
from the previously submitted 
documentation.  
(5)  It may not be requested that a trademark be 
revoked where genuine use of the trademark has been started or resumed during the interval between expiry of the five-year 
period of non-use and filing of the request 
for revocation.  
(6)  The commencement or resumption of use 
within a period of three months preceding the filing of the request for revocation, which began, at the earliest, on expiry of the 
continuous period of five years of non-use, 
shall be disregarded if preparations for the 
commencement or resumption occur only 
after the holder becomes aware that the request for revocation may be filed.  
(7)  If, in the examination procedure concerning 
the request for revocation of a trademark, the Office finds that the request is 
unjustified, the request 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 trademark in respect of which 
the revocation is requested.  
(8)  If, in the examination procedure concerning 
the request for revocation of a trademark, the Office finds that t he request is justified, 
the trademark shall be revoked in full or 
partially and the decision to that effect shall 
be sent to the person who has filed the request and to the holder of the trademark in 
respect of which the revocation is requested.  
(9)  When a trademark is revoked it shall be 
deemed that its effects ceased on the date 
of the filing of the request for revocation.  
(10)  The revocation of a trademark shall be 
entered in the register and published in the Office official gazette.  
 
 
 
  
IP/N/1/HRV/T/4 
Page 16DECLARATION THAT THE  
TRADEMARK IS INVALID  
Article 49  
(1)  The procedure for a declaration that a 
trademark is invalid shall be carried out by 
the Office.  
(2)  If the trademark was not registered in 
accordance with the pr ovisions of Article 3 
(1) and Article 5 (1) of this Act, the 
procedure for a declaration that a trademark 
is invalid may be initiated ex officio, on request of the state attorney or on request of 
an interested person.  
(3)  On the grounds specified in Article 6 of this 
Act, which shall also apply to the procedure for a declaration that a trademark is invalid, 
the procedure for a declaration that a trademark is invalid may be initiated:  
1.  within the meaning of Article 6 
paragraphs (1) and (3) of this Act, on 
request of the holder of an earlier 
trademark and the licensee in 
accordance with Article 39 paragraph (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 Act,  
3. on request of the person who had a firm 
within the meaning of Article 6 paragraph (6) of this Act,  
4. on request of the holder of an earlier 
trademark referred to in Article 6 paragraph (7) of this Act.  
(4)  Where a trademark has not been registered 
in accordance with the provisions of Article 5 paragraph (1) items 2, 3 or 4 of this Act, it 
may only be declared invalid if the procedure for a declaration that the trademark is invalid 
has been initiated within a period of ten 
years from the date of registration.  
(5)  A trademark may not be declared invalid on 
the grounds of an earlier trademark with a reputation if the earlier trademark 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 
trademark.  
(6)  Where the holder of the right referred to in 
paragraph (3) of this Article has previously filed a request for a declaration that a 
trademark is invalid, he may not file a new request for a declaration that a trademark is 
invalid on the basis of any other of the said rights which he could have invoked in 
support of his first request.  
(7)  If, on the date of fili ng of the request for a 
declaration that a trademark is invalid, the earlier trademark on which the request is 
based is subject to a pending revocation 
procedure or a pending procedure for a declaration that the trademark is invalid, the 
Office shall suspend the procedure 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 
trademark is invalid shall be filed under the conditions and in the manner as prescribed by the Regulations.  
PROCEDURE CONCERNING THE 
REQUEST FOR A DECLARATION THAT  
A TRADEMARK IS INVALID  
Article 50  
(1)  The Office shall examine whether the 
request for a declaration that a trademark 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 
trademark is invalid is not filed in accordance with Article 49 paragraphs (3), (4) and (6) of this Act, the Office shall reject 
the request by a decision.  
(3)  If the request for a declaration that a 
trademark is invalid is not filed as prescribed 
by the Regulations, the Office shall invite the person who filed the request to remedy the 
deficiencies in the request within 60 days 
from the day of receipt of the invitation.  
(4)  If the person who filed the request does not, 
within the prescribed time limit, comply with the invitation sent by the Office and does not remedy the deficiencies in the request within 
the meaning of paragraph (3) of this Article, 
the request shall be rejected by a decision.  
(5)  If the requirements set out in Article 49 of 
this Act are complied with, the Office shall notify the holder of the contested trademark of the initiated procedure for a declaration 
that the trademark is invalid, and shall send 
him a copy of the request, inviting him to submit his observations on the request 
within 60 days from the day of receipt of the 
invitation.  
IP/N/1/HRV/T/4 
Page 17(6)  On request, the time limits laid down in 
paragraphs (3) and (5) of this Article may be 
extended for not more than 60 days.  
(7)  If the holder of the contested trademark 
does not submit his observations on the request for a declaration that the trademark 
is invalid within the prescribed time limit, the trademark shall be declared invalid for those 
goods or services in respect of which the 
procedure was initiated.  
(8)  If the Office considers it necessary, it may 
provide for oral hearing to be held in the procedure concerning the request for a declaration that a trademark is invalid.  
EXAMINATION OF THE REQUEST  
FOR A DECLARATION THAT A  
TRADEMARK IS INVALID  
Article 51  
(1)  If the holder of the contested trademark 
submits his observations on the request for a declaration that a trademark is invalid 
within the prescribed time limit, the Office 
shall examine the justification of the grounds specified in the request.  
(2)  Where a trademark has not been registered 
in accordance with Article 3 paragraph (1) and Article 5 paragraph (1) of this Act, the 
trademark shall be declared invalid only if 
the grounds for a declaration that a trademark is invalid still exist at the time 
when the decision on the request for a 
declaration that a trademark is invalid is 
made.  
(3)  Where a trademark has not been registered 
in accordance with Article 5 paragraph (1) items 2, 3 or 4 of this Act, it shall not be 
declared invalid if the holder of the trademark proves that the trademark has, 
after the registration and following the use, 
which has been made of it, acquired a distinctive character in respect of the goods 
or services for which it is registered.  
(4)  A trademark may not be declared invalid if 
the holder of the right referred to in Article 49 paragraph (3) of this Act consented 
expressly to the registration of that trademark before filing of the request for a 
declaration that a trademark is invalid.  
(5)  A trademark may not be declared invalid on 
the ground that there is an earlier conflicting trademark if this earlier trademark does not 
comply with the requirements of use set out 
in Article 13 paragraphs (2) to (4), provided that the earlier trademar k has, on the date of 
filing the request for a declaration that a trademark is invalid, been registered for not 
less than five years.  
(6)  If the earlier trademark has been used in 
relation to a part only of the goods or services for which it is registered it shall, for the purposes of the examination of the 
request for a declaration that a trademark is 
invalid, be considered to be registered in respect only of that part of the goods or 
services.  
(7)  In the examination procedure concerning the 
request for a declaration that a trademark is invalid the Office may invite the parties to 
submit additional evidence, documentation and observations within 60 days from the 
day of receipt of the invitation.  
(8)  On request, the time limit laid down in 
paragraph (7) of this Article may be extended for not more than 60 days.  
(9)  If the party in the procedure does not 
respond to the invitation within the 
prescribed time limit, th e Office shall make a 
decision on the basis of the facts available 
from the earlier submitted documentation.  
(10)  If, in the examinat ion procedure concerning 
the request for a declaration that a trademark is invalid, the Office finds that the 
request is unjustified, the request 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 trademark.  
(11)  If, in the examinat ion procedure concerning 
the request for a declaration that a trademark is invalid, the Office finds that the 
request is justified, the trademark shall be 
declared invalid in full or partially, and the decision to that effect shall be sent to the 
person who has filed the request and to the 
holder of the contested trademark.  
(12)  Where a trademark is declared invalid, the 
effects of that trademark shall be considered to have been invalid as from the day of filing 
the application for the registration of the 
trademark.  
(13)  The declaration that a trademark is invalid 
shall be entered in the register and published in the Office official gazette.  
 
IP/N/1/HRV/T/4 
Page 18PARTIAL REFUSAL OF REGISTRATION OF 
A TRADEMARK, REVOCATION OF A 
TRADEMARK OR DECLARATION THAT A 
TRADEMARK IS INVALID  
Article 52  
Where the grounds for refusal of the registration of 
a trademark or for revocation of a trademark or for 
a declaration that a trademark is invalid exist in 
respect of only some of the goods or services for which the trademark has been applied for or 
registered, refusal of the registration or revocation 
or the declaration that a trademark is invalid shall 
cover those goods or services only. 
 
VIII. COLLECTIVE AND  
GUARANTEE MARK  
 
COLLECTIVE MARK 
Article 53  
Any sign within the meaning of Article 2 of this Act, which is indicated as such in the application for the 
registration of a trademark, and which is capable of 
distinguishing the goods or services of the members or partners of a certain legal person from 
the goods or services of other undertakings, and 
which is intended for collective designation of the goods or services put on the market by the 
members or the partners of that legal person, may 
be protected as a collective mark.  
 
GUARANTEE MARK  
Article 54  
Any sign within the meaning of the Article 2 of this 
Act, which serves to designate the quality, origin, 
manner of production, or other common characteristics of the goods or services of the 
undertakings that are under the supervision of the 
holder of a trademark and use that trademark, may be protected as a guarantee mark.  
 
SPECIAL PROVISIONS ON COLLECTIVE  
MARKS AND GUARANTEE MARKS  
Article 55  
(1)  The provisions of this Act and the 
Regulations shall also apply to collective marks and guarantee marks, unless this part 
of the Act provides otherwise.  
(2)  By way of derogation from the provision of 
Article 5 paragraph (1) item 3 of this Act, signs or indications which may serve, in 
trade, to designate the geographical origin of the goods or services may be protected 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 course of trade signs or 
indications specified in paragraph (2) of this Article, provided that he uses them in 
accordance with established and honest 
practices in industrial or commercial activity. In particular, such a mark may not be 
invoked against a third party who is entitled 
to use a geographical name.  
PERSONS WHO MAY BE HOLDERS  
OF A COLLECTIVE MARK  
Article 56  
The holder of a collective mark or the applicant for the registration of a collective mark may be legal 
persons and associations  of manufacturers, 
providers of services, or traders, which may, in 
their own name, assume obligations and exercise 
rights, make contracts or perform other legal 
actions.  
CONTRACT ON A COLLECTIVE MARK  
Article 57  
A contract on a collective mark shall be filed with the application for the registration of a collective 
mark and shall contain: the list of names of the 
persons authorized to use the collective mark, the conditions of membership, the conditions 
governing such use and provisions relating to the 
infringement of rights in the case of misuse of the collective mark, or the breach of the provisions of 
the contract.  
 
USE OF COLLECTIVE MARKS  
Article 58  
Any person who has been authorized to use a 
collective mark shall be entitled to use it, provided 
that all the requirements, which this Act prescribes 
with regard to the use of trademarks, are complied with.  
AMENDMENTS OF THE CONTRACT  
GOVERNING A COLLECTIVE MARK  
Article 59  
(1)  The holder of a collective mark must submit 
to the Office all the amendments of the contract relating to the use of the collective mark.  
(2)  Amendments of the contract governing the 
use of the collective mark shall have effect 
against third parties after the entry thereof in 
the register.  
IP/N/1/HRV/T/4 
Page 19IX. PROTECTION OF TRADEMARKS 
UNDER THE MADRID AGREEMENT 
CONCERNING THE INTERNATIONAL 
REGISTRATION OF MARKS AND THE 
PROTOCOL RELATING TO THE MADRID 
GREEMENT  
 
SPECIAL PROVISIONS ON 
INTERNATIONAL REGISTRATIONS OF 
MARKS  
Article 60  
The provisions of this Act and the Regulations on 
Trademarks shall apply to international 
registrations of marks the protection of which 
extends to the territory of the Republic of Croatia under the Madrid Agreement Concerning the 
International Registration of Marks (hereinafter: 
"the Madrid Agreement") and the Protocol Relating to the Madrid Agreement Concerning the 
International Registration of Marks (hereinafter: 
"the Protocol"), in all the matters not regulated by 
these treaties, unless this part of the Act provides 
otherwise.  
 
FILING OF THE APPLICATION FOR THE 
INTERNATIONAL REGISTRATION OF A 
MARK AND THE REQUEST FOR 
RECORDING OF A CHANGE IN THE 
INTERNATIONAL REGISTER  
Article 61  
(1)  An application for the international 
registration of a mark and requests for 
recording of a change in the International 
Register shall be filed with the Office as 
prescribed by the Madrid Agreement, the Protocol, the Common Regulations under 
the Madrid Agreement Concerning the 
International Registration of Marks and the Protocol (hereinafter: "the Common 
Regulations") and this Act and the 
Regulations.  
(2)  If the application for the international 
registration of a mark or a request for 
recording of a change in the International Register is not filed as prescribed by the 
Madrid Agreement, the Protocol, the 
Common Regulations and the Regulations on Trademarks, the Office shall invite the 
applicant or the person who filed the request 
to remedy the deficiencies in the application or the request 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 than 60 days.  
(4)  If the application for the international 
registration of a mark is filed in accordance 
with paragraph (1) of this Article and if the 
prescribed fee and procedural charges are 
paid, the Office shall transmit the application to the International Bureau of the World 
Intellectual Property Organization 
(hereinafter: "the International Bureau").  
(5)  If the applicant for the international 
registration of a mark or the person who filed 
the request for recording of a change in the International Register does not, within the 
prescribed time limit, comply with the invitation sent by the Office, and does not remedy the found deficiencies within the 
meaning of paragraph (2) of this Article, the 
application or the request shall be rejected by a decision.  
FEES  
Article 62  
All the fees payable under the Madrid Agreement 
and the Protocol shall be paid directly to the 
International Bureau.  
 
ENTRY IN THE TRADEMARK REGISTER  
Article 63  
The date and number of the international registration of a mark shall be entered in the 
trademark register kept by the Office, provided that 
the international application resulted in the 
registration.  
 
REFUSAL OF PROTECTION TO THE 
INTERNATIONAL REGISTRATION OF A 
MARK  
Article 64  
For the holder of an inter national registration of a 
mark the time limit laid down in Article 24 paragraph (2) of this Act shall be replaced by the 
time limit of four months as from the date of the notification of refusal.  
 
OPPOSITION TO THE INTERNATIONAL  
REGISTRATION OF A MARK  
Article 65  
(1)  For the purposes of international 
registrations of marks under the Madrid 
Agreement and the Protocol, the publication 
of the application prescribed in Article 25 of 
this Act shall be replaced by the publication 
IP/N/1/HRV/T/4 
Page 20in the official gazette of international 
registrations of marks published by the 
International Bureau (hereinafter: the 
international official gazette).  
(2)  The time limit for filing the opposition to an 
international registration of a mark shall run 
from the first day of the month following the 
month indicated on the edition of the international official gazette in which such 
mark has been published.  
(3)  In the procedure concerning the opposition 
to an international registration of a mark, the 
Office, in accordance with the Madrid Agreement or the Protocol, shall send to the 
holder of the international registration of a 
mark a notification of provisional refusal on the basis of the opposition 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 opposition 
shall be sent to the r epresentative after filing 
of the power of attorney. The time limit for 
submitting the observations on the 
opposition is 60 days from the day of receipt of the copy of the opposition by the 
representative.  
(4)  The time limits referred to in paragraph (3) of 
this Article shall not be extended.  
OPPOSITION AND THE PROCEDURE FOR 
A DECLARATION THAT A TRADEMARK IS 
INVALID ON THE BASIS OF AN 
INTERNATIONAL REGISTRATION OF A 
MARK  
Article 66  
If, on the basis of an international registration of a 
mark, an opposition procedure or the procedure for 
a declaration that a trademark is invalid is initiated, 
for the purposes of proving the use of a mark, the date of the registration shall be considered to be 
the date on which the period according to Article 5 
paragraph (2) of the Madrid Agreement or Article 5 paragraph (2) subparagraph (a) of the Protocol 
expired or, if the granting or opposition procedures 
have not yet been concluded on that date, the date of the notification concerning the final decision of 
the Office on the grant of protection, sent to the 
International Bureau.  
 
 
   DECLARATION THAT AN INTERNATIONAL 
REGISTRATION OF A MARK IS INVALID  
AND REVOCATION OF AN INTERNATIONAL 
REGISTRATION OF A MARK  
Article 67  
(1)  In the procedures concerning the request for 
a declaration that an international 
registration of a mark is invalid and the 
request for revocation of an international registration of a mark, the Office shall notify 
the holder of the internat ional registration of 
a mark of the request and invite him to 
appoint a representative who, within 60 days 
from the date of receipt of the invitation, has 
to file with the Office a power of attorney.  
(2)  The time limit referred to in paragraph (1) of 
this Article shall not be extended.  
(3)  A copy of the request shall be sent to the 
representative after filing of the power of 
attorney. The time limit for submitting the 
observations on the request is 60 days from 
the day of receipt of t he copy of the request 
by the representative.  
(4)  On request, the time limit laid down in 
paragraph (3) of this Article may be 
extended for not more than 60 days.  
(5)  In the procedure for revocation of an 
international registration of a mark, for the purposes of proving the use of a mark, the date of registration shall be considered to be 
the date specified in Article 66 of this Act.  
X. COMMON PROVISIONS RELATING TO 
THE PROCEDURE BEFORE THE OFFICE  
 
OTHER REGULATIONS APPLIED IN  
THE PROCEDURE BEFORE THE OFFICE  
Article 68  
The Act on the General Administrative Procedure shall apply to particular matters relating to the 
procedure, not regulated by this Act.  
 
FEES AND PROCEDURAL CHARGES  
Article 69  
(1)  The procedures prescribed by this Act shall 
be subject to the payment of fees and 
procedural charges in compliance with the 
special provisions.  
(2)  If the fees or procedural charges referred to 
in paragraph (1) of this Article have not been paid, an application or a request shall be rejected, and in the case of non-payment of 
the appropriate fee or procedural charges for 
IP/N/1/HRV/T/4 
Page 21the renewal of a trademark, the trademark 
shall lapse.  
CERTIFICATE OF PRIORITY RIGHT  
Article 70  
On request of the applicant for the registration of a trademark or the holder of a trademark, and after 
the prescribed fee and procedural charges have 
been paid, the Office shall issue a certificate of priority right.  
 
TRADEMARK REGISTER  
Article 71  
(1)  The Office shall keep the trademark register, 
which contains the data, the entry of which is prescribed by this Act and the Regulations.  
(2)  Any person shall be entitled to inspect the 
trademark register.  
(3)  On request of any interested person, and 
after the prescribed fee and procedural charges have been paid, the Office shall issue the extract and the printout from the 
trademark register.  
OFFICIAL GAZETTE  
Article 72  
The Office shall publish the official gazette 
containing all the data the publication of which is prescribed by this Act and the Regulations.  
 
SEARCH  
Article 73  
On the request of any interested person, the Office 
shall carry out identity and similarity searches of 
applied for and registered trademarks having effect 
in the Republic of Croatia.  
 
REPRESENTATION BEFORE THE OFFICE  
Article 74  
(1)  Natural or legal persons not having a 
domicile nor a real and effective industrial or commercial principle place of business in the Republic of Croatia may exercise rights 
arising from this Act in the procedures 
before the Office only through authorized 
representatives.  
(2)  General principles of representation, and 
special conditions under which the persons specified in paragraph (1) of this Article may 
exercise rights arising from this Act shall be regulated by special regulations.  XI. CIVIL PROTECTION  
 
ACTION CONCERNING THE  
INFRINGEMENT OF RIGHTS  
Article 75  
(1)  The holder of a trademark, if his rights 
referred to in Article 7 of this Act have been 
infringed or threatened to be infringed, may, 
by instituting an action, require from the competent court:  
1.  establishment of the existence of the 
infringement of a trademark,  
2. prohibition of the committed or intended 
infringement of a trademark,  
3.  elimination of a condition caused by the 
committed infringement of a trademark,  
4.  ordering to the defendant to inform of the 
identity of third persons involved in the 
production and distribution of the 
infringing goods or services and of their 
channels of distribution.  
5.  compensation for damage,  
6.  publication of the court decision at the 
expense of the defendant.  
(2)  The imitation of a trademark, as well as the 
use of a collective mark and a guarantee 
mark contrary to the contract on the 
collective mark or guarantee mark, shall also 
be considered to be the infringement of a trademark within the meaning of paragraph 
(1) of this Article.  
(3)  The proceedings concerning the action 
within the meaning of paragraph (1) of this Article shall be urgent.  
REQUEST FOR THE DESTRUCTION  
Article 76  
(1)  On the request of the plaintiff, the court may 
order the destruction of the objects 
unlawfully designated by a trademark, which 
are in the possession of a defendant.  
(2)  The court shall decide whether the objects 
unlawfully designated by a trademark are to be destroyed, made unrecognizable or used 
in any other way.  
LIMITATION OF ACTIONS  
Article 77  
The action concerning the infringement of a trademark may be brought within three years from 
learning about the infringement and the infringer, 
IP/N/1/HRV/T/4 
Page 22and not later than within five years as from the 
commitment of the infringement.  
 
PROVISIONAL MEASURES  
Article 78  
(1)  If the holder 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 harm, he may require 
from the court:  
1. ordering of the provisional measure 
comprising the prohibition of acts 
infringing the right of the holder of a 
trademark,  
2. provisional seizure of the articles 
unlawfully designated by a trademark or the exclusion thereof from the circulation;  
3.  measures comprising the assurance of 
evidence concerning articles unlawfully designated by a trademark and measures comprising the preservation of the 
existing situation.  
(2)  The holder of a trademark may require the 
ordering of provisional measures even 
before the action is brought, provided that he brings the action within a period of 20 
working days or 31 calendar days, 
whichever expires later.  
(3)  If the holder of a trademark does not bring 
an action within the time limit laid down in paragraph (2) of this Article, the court may, on the request of the defendant, conclude 
the procedure and lift the required 
measures.  
(4)  The judicial authorities may adopt 
provisional measures  without hearing the 
other party where appropriate, in particular, if any delay is likely to cause irreparable 
harm to the holder of a trademark, or if there 
is a demonstrable risk of evidence being destroyed.  
COMPENSATION FOR DAMAGE  
Article 79  
(1)  The court may impose on the holder of a 
trademark the compensation for damage if it is proved that the required measures referred to in Article 78 (1) of this Act have 
been unjustified.  
(2)  The court may impose on the holder of a 
trademark the deposit of an adequate 
amount as a security for the person the provisional measure has been ordered 
against.  
XII. PROVISIONS CONCERNING 
MISDEMEANOURS  
Article 80  
(1)  Any legal person who uses somebody else’s 
trademark, reproduces it or imitates, affixes it to the goods or the packaging thereof, offers the goods under somebody else’s 
trademark, puts them on the market or 
stocks them for these purposes under somebody else’s trademark, imports or 
exports the goods under somebody else’s 
trademark, uses somebody else’s trademark when providing services or on business 
papers and in advertising, without the 
authorization, shall be punished for the misdemeanor 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 
misdemeanor 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 be punished for a misdemeanor referred to in paragraph (1) of this Article, by 
a fine amounting from HRK 5,000.00 up to 
10,000.00.  
(4)  Articles intended or used for the committed 
misdemeanors referred to in paragraphs (1), (2) and (3) of this Article shall be seized, and the court shall decide whether the objects 
unlawfully designated by a trademark are to 
be destroyed, made unrecognizable or used in any other way.  
XIII. TRANSITIONAL AND FINAL 
PROVISIONS  
 
PENDING PROCEDURES CONCERNING  
APPLICATIONS FOR REGISTRATION  
OF A TRADEMARK  
Article 81  
Procedures concerning trademark applications, as 
filed before the day the application of this Act 
starts, which are pending on the day the application of this Act starts, shall be carried out in 
compliance with the provisions of this Act.  
 
OTHER PENDING PROCEDURES  
Article 82  
(1)  The procedures concerning the infringement 
of a trademark or the rights conferred by an 
IP/N/1/HRV/T/4 
Page 23 
 
   application for the registration of a trademark 
which are pending on the day the application 
of this Act starts, shall be carried out in 
compliance 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 trademark due to non-use which are pending 
on the day the application of this Act starts, 
shall be carried out in compliance with the provisions which were in force up to the day 
the application of this Act starts.  
 
IMPLEMENTING REGULATION  
Article 83  
The matters referred to in: Article 15 paragraph (3); 
Article 21 paragraph (1); Article 25 paragraph (2); Article 27 paragraph (4); Article 33 paragraph (3); 
Article 34 paragraph (2); Article 35 paragraph (2); 
Article 37 paragraph (3); Article 38 paragraph (4); 
Article 39 paragraph (8); Article 40 paragraph (4); 
Article 44 paragraph (8); Article 46 paragraph (4); Article 49 paragraph (8); Article 61 paragraph (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 Regulations, to be 
enacted by him upon a proposal of the Director 
General of the Office up to the day the application of this Act starts.  
ABILITY CEASING OF THE VALIDITY  
OF OTHER PROVISIONS  
Article 84  
On the day application of this Act starts, the 
provisions of the Law on Trademarks (Official 
Gazette No 78/99, 127/99) shall cease to be valid, except for the provisions concerning the 
representation (Article 59), which shall be applied 
up to the enactment of a special regulation.  
 
ENTRY INTO FORCE  
Article 85  
This Act shall enter into force on the eighth day 
from the date of its publication in the Official 
Gazette of the Republic of Croatia, and shall be applied as from January 1, 2004.  
 
 
IP/N/1/HRV/T/4 
Page 24THE ACT ON AMENDMENTS TO THE 
TRADEMARKS ACT*  
Article 1  
In the Trademarks Act (Official Gazette 173/2003), 
Article 11 is amended to read:  “(1)  The placing on the market in the territory of 
the Republic of Croatia, or, after the accession of the Republic of Croatia into the full membership of the European Union, in 
the territory of any of  the States of the 
European Union, or States Parties to the 
Agreement Creating the European Economic 
Area, of a product designated by a 
trademark, by the holder of the trademark, or with his express authorization, shall exhaust 
for the territory of the Republic of Croatia, 
the exclusive rights conferred by the trademark in respect to such a product, 
unless there are justified reasons for the 
holder of the trademark to retain the exclusive rights conferred by the trademark.”  
(2)  The justified reasons for the holder of the 
trademark to oppose further 
commercialization of the product shall exist, 
especially where the co ndition of the product 
is changed or impaired after it has been put 
on the market.”  
 
Article 2  
Article 20 is amended to read:  
“(1)  The Office shall carry out the administrative 
procedures for the registration of a 
trademark, procedures for the declaration 
that a trademark is invalid, and shall perform other administrative and professional tasks 
concerning the protection of trademarks.  
(2)  The administrative decisions issued by the 
Office in the first instance may be appealed and the appeals shall be decided on by the 
Board of Appeal in accordance with the provisions of this Act. The filing of an appeal 
shall be subject to payment of the 
administrative fee and procedural charges in 
accordance with special regulations. If the 
administrative fee and procedural charges have not been paid up to the expiration of 
the appeal period, the appeal shall be 
considered as not filed.  
(3)  The provisions of the Act on General 
Administrative Proceedings shall apply to particular matters concerning the procedure referred to in paragraphs (1) and (2) of this 
Article, not regulated by this Act.  
(4)  The administrative decisions issued in by the 
Board of Appeal in the second instance may be subject to administrative disputes, in 
accordance with the Act on Administrative 
Disputes.”  
 
Article 3  
In Article 39, paragraphs (4) and (5) are deleted.  
The former paragraphs (6), (7) and (8) become paragraphs (4), (5) and (6).  
 
Article 4  
In Article 40, paragraph (2) is amended to read:  
“(2)  A right in rem shall be entered in the register 
upon the request of a lien creditor or a lien 
debtor. The court levying an execution ex 
officio shall inform the Office without delay of 
the execution levied upon a trademark for the purpose of the entry of the levy of 
execution in the register.”  
 
Article 5  
In Article 49, paragraph (1) is deleted.  
The former 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 TRADEMARK“, as well as headings and Articles 
67a to 67i are added to read:  
“DEFINITIONS”  
Article 67a  
For the purpose of this Act, the following terms 
mean:  (a)  „Regulation on the Community trade mark“ is 
the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark and its amendments;  
(b)  a „Community trade mark“ is a trademark as 
defined in Article 1, paragraph (1) of the Regulation on the Community trade mark;  
(c)  an „application for a Community trade mark“ 
is an application for registration of a 
Community trade mark filed in accordance 
with the provisions of the Regulation on the Community trade mark;  
(d)  a “national trademark” is a trademark 
acquired in the procedure before the Office in accordance with the provisions of this Act;  
(e)  a „national application for a trademark“ is an 
application for a trademark filed with the Office in accordance with the provisions of 
this Act.  
 
IP/N/1/HRV/T/4 
Page 25EXTENSION OF EFFECTS OF A COMMUNITY 
TRADE MARK 
Article 67b  
The effects of applications for a Community trade 
mark filed and Community trade marks acquired 
before the day of the accept ance of the Republic of 
Croatia into the full membership of the European 
Union shall extend to the territory of the Republic 
of Croatia.  
 
A COMMUNITY TRADE MARK AS AN EARLIER 
TRADEMARK  
Article 67c  
(1)  Within the meaning of Article 6 of this Act, a 
Community trade mark shall be an earlier 
trade mark in relation to national trademark applications which are filed, as well as 
national trademarks which are acquired on 
such applications after the day of the acceptance of the Republic of Croatia into 
the full membership of the European Union.  
(2)  Within the meaning of Article 6, paragraph 
(2) item 4 of this Act, an earlier Community 
trade mark having reputation in the European Union shall be taken into 
consideration in accordance with the 
provisions of Article 9, paragraph (1), item (c) of the Regulation on the Community trade 
mark .  
(3)  A national trademark may not be declared to 
be invalid for the reason of being in conflict with an earlier Community trade mark, if 
such earlier Community trade mark fails to fulfill the conditions of use provided for in 
Article 15 of the Regulation on the 
Community trade mark.  
 
FORWARDING OF AN APPLICATION FOR A 
COMMUNITY TRADE MARK  
Article 67d  
If an application for a Community trade mark has been filed with the Office pursuant to Article 25 of 
the Regulation on the Community trade mark, a fee 
and charges for forwarding shall be paid in accordance with special regulations.  
 
CONVERSION OF THE APPLICATION FOR A 
COMMUNITY TRADE MARK INTO A NATIONAL 
APPLICATION FOR A TRADEMARK  
Article 67e  
(1)  The Office shall examine a request for 
conversion of a Community trade mark application into a national trademark application filed with it in accordance with the 
provision of Article 109, paragraph (3) of the 
Regulation on the Community trade mark.  (2)  If the request referred to in paragraph (1) of 
this Article is not drafted in accordance with 
the provisions of Article 108, paragraph (2) 
of the Regulation on the Community trade mark, the Office shall invite the applicant to 
remedy the deficiencies.  
(3)  If the applicant fails to file observations or 
remedy the deficiencies in the specified time limit, or if the request referred to in 
paragraph (1) of this Article fails to comply with the provisions of Article 108, paragraph 
(2) of the Regulation on the Community 
trade mark, the Office shall refuse the request referred to in paragraph (1) of this 
Article. The decision on refusal shall be 
considered as a decision on the merits of the request.  
(4)  If the request referred to in paragraph (1) of 
this Article is in due form, the Office shall carry out a procedure for the trademark 
registration in accordan ce with the provisions 
of this Act.  
(5)  The fees and procedural charges for the 
registration referred to in paragraph (4) of 
this Article shall be paid in accordance with 
the provisions 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 days.  
(7)  The date of filing, the date of priority and the 
seniority shall be determined pursuant to Article 108, paragraph (3) of the Regulation on the Community trade mark.  
 
SENIORITY  
Article 67f  
The seniority of a national trademark, within the meaning of Articles 34 and 35 of the Regulation on 
the Community trade mark, may be claimed for a 
Community trade mark:  - if a national trademark has been acquired before 
the day of the accession of the Republic of Croatia 
into the full membership of the European Union; and  
- if a national trademark has priority in relation to 
the Community trademark for which the seniority is claimed.  
   
IP/N/1/HRV/T/4 
Page 26PROHIBITION OF USE OF A COMMUNITY 
TRADE MARK 
Article 67g  
(1)  If the use of a Community trade mark 
referred to in Article 67b of this Act conflicts 
with the use of a national trademark acquired 
before the day of the acceptance of the Republic of Croatia into the full membership 
of the European Union, or acquired on a 
national application, filed before the day of the acceptance of the Republic of Croatia 
into the full membership of the European 
Union, the holder of such national trademark may institute a legal action, claiming 
prohibition of the use in the Republic of 
Croatia of the Community trade mark, the effect of which is, in accordance with Article 
67b of this Act, extended to the territory of 
the Republic of Croatia. The plaintiff shall prove that the Community trade mark 
conflicts with his/her national trademark.  
(2)  If a Community trade mark referred to in 
Article 67b of this Act could have been 
refused registration on any 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 acceptance of the Republic of Croatia 
into the full membership of the European Union, the person having legal interest in it 
may institute a legal action claiming 
prohibition of the use of such Community trade mark in the Republic of Croatia. The 
plaintiff shall prove existence of any of these 
grounds in relation to the Community trade mark.  
 
PROTECTION OF A COMMUNITY TRADE MARK 
AGAINST INFRINGEMENT  
Article 67h  
The provisions on the protection a national 
trademark in the case of infringement shall apply 
mutatis mutandis to the protection of a Community trade mark in the case of infringement.  
 
THE COURT COMPETENT FOR A COMMUNITY 
TRADE MARK  
Article 67i  
(1)  In the Republic of Croatia, the Commercial 
Court in Zagreb shall be the Community 
Trade Mark Court competent for the first 
instance decisions, within the meaning of the Regulation on the Community trade mark.  
(2)  In the Republic of Croatia, the High 
Commercial Court shall be the Community Trade Mark Court competent for the second instance decisions, within the meaning of the 
Regulation on the Community trade mark.“  
The former “Part Ten” becomes “Part Eleven”.  
 
Article 7  
After Article 74, a new „Part Twelve“: „APPEAL“ as 
well as headings and Articles 74a to 74d are 
inserted to read:  
“RIGHT OF APPEAL”  
Article 74a  
(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 decision.  
(2)  Other parties to the procedure terminated by 
a decision appealed shall have the right to be parties to the appeal procedure.  
 
CONTENT OF AN APPEAL  
Article 74b  
In addition to the indications, which shall be contained in any communication, an appeal shall contain:  
1.  an indication of the decision appealed;  
2.  a statement defining whether the decision is 
contested in its entirety or in part;  
3.  the grounds for appeal;  4.  a statement of reasons for appeal, and all 
the evidence supporting the appellant’s 
allegations contained in the appeal;  
5.  the signature of the appellant  
6.  a power of attorney, if the appeal is filed 
through a representative.  
 
DECISIONS ON AN APPEAL  
Article 74c 
(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 communications filed by the parties, 
and if it considers it necessary, or upon the 
request of any party to the procedure, it may order oral proceedings. The parties shall be 
summoned to oral proceedings at least 45 
days before it takes place.  
 
 
  
 
IP/N/1/HRV/T/4 
Page 27BOARDS OF APPEAL  
Article 74d  
(1)  The Boards of Appeal for industrial property 
rights shall decide on the appeals referred to 
in Article 74a of this Act.  
(2)  The provisions of the Patent Act shall apply 
to the composition and organization of the Boards of Appeal referred to in paragraph (1) 
of this Article.”  
 
Article 8  
The former “Part Eleven” becomes “Part Thirteen”  
A heading above Article 75 is amended to read: 
“PERSONS ENTITLED TO CLAIM THE 
PROTECTION OF RIGHTS” 
Article 75 is amended to read:  “The protection of the rights under this Act may be 
claimed by a right holder, or a person authorized 
by her/him pursuant to the general provisions on representation, and, apart from her/him by the 
holder of the exclusive licens e, to the extent that 
he has acquired the right of exploitation of a trademark on the basis of a legal transaction or 
law.”  
 
Article 9  
A heading above Article 76 is amended to read: 
“CLAIM FOR THE ESTABLISHMENT AND 
TERMINATION OF INFRINGEMENT” 
Article 76 is amended to read:  (1)  The holder of a trademark may institute a 
legal action against any person who has infringed a trademark by performing without authorization any of the acts referred to in 
Article 7, paragraphs (2) and (3) of this Act, 
claiming establishment of the infringement.  
(2)  The holder of a trademark may institute a 
legal action against any person who has infringed a trademark by performing without authorization any of the acts referred to in 
Article 7, paragraphs (2) and (3) of this Act, 
claiming termination of the infringement and 
prohibition of such and similar future 
infringements.  
(3)  The holder of a trademark may institute a 
legal action against any person who has by performing any of the acts without authorization caused a serious threat that his 
trademark might be infringed, claiming 
desistance from the act concerned and prohibition of the infringement of the 
trademark.  
(4)  The claims referred to in paragraphs (1), (2) 
and (3) of this Article may also be made against a person who in the course of her/his economic activities renders services used in 
the acts infringing a trademark or threatening 
to infringe it.”  
 
Article 10  
A heading above Article 77 is amended to read: 
“CLAIM FOR SEIZURE AND  
DESTRUCTION OF OBJECTS” 
Article 77 is amended to read:  
“(1)  The holder of a trademark may institute a 
legal action against any person who has 
infringed a trademark by performing without 
authorization any of the acts referred to in Article 7, paragraphs (2) and (3) of this Act, 
claiming that the products infringing the 
trademark be removed from the market, seized or destroyed at the expense of that 
person.  
(2)  The court shall order the measures referred 
to in paragraph (1) of this Article against the defendant, unless there are special reasons 
for not deciding so.  
(3)  When ordering the measure referred to in 
paragraph (1) of this Article, the court shall take due care that they are proportionate to 
the nature and seriousness of the 
infringement.”  
 
Article 11  
A heading above Article 78 is amended to read: 
“CLAIM FOR DAMAGES, USUAL 
COMPENSATION AND UNFAIR PROFITS” 
Article 78 is amended to read:  “(1)  The holder of a trademark may take a legal 
action against any person who has caused him damage by performing without authorization any of the acts referred to in 
Article 7, paragraphs (2) and (3) of this Act, 
claiming damages pursuant to the general rules on the legal redress laid down in the 
Obligations Act.  
(2)  The holder of a trademark may institute a 
legal action against any person who has 
performed without authorization any of the acts referred to in Article 7, paragraphs (2) 
and (3) of this Act, claiming payment of 
remuneration in the amount that he would have claimed, given the circumstances, in 
the license agreement, if concluded.  
(3)  The holder of a trademark may take a legal 
action against any person who has infringed a trademark by performing without 
authorization any of the acts referred to in Article 7, paragraphs (2) and (3) of this Act, 
without having basis for it in any legal 
IP/N/1/HRV/T/4 
Page 28transaction, court decision or the law, and 
has benefited from it, claiming the recovery 
or compensation of such benefits pursuant to 
the general rules on unjust enrichment laid down in the Obligations Act.  
(4)  The claims referred to in paragraphs (1), (2) 
and (3) shall not be mutually excluding. When deciding on the claims referred to in 
paragraphs (1), (2) or (3), filed cumulatively, 
the court shall observe the general principles laid down in the Obligations Act.”  
 
Article 12  
A heading above Article 79 is amended to read: 
“CLAIM FOR PUBLICATION 
OF THE JUDGEMENT” 
Article 79 is amended to read:  
“The holder of a trademark may claim that the final 
judgment even partially upholding the claim for protection of the trademark in the case of 
infringement is published in the means of public 
communication at the expense of the defendant. 
The court shall decide, within the limits of the 
claim, on the means of public communication in which the judgment shall be published, and 
whether it shall be published entirely or partially. If 
the court decides that only a part of the judgment shall be published, it shall order, within the limits of 
the claim, that at least the dispositive part of it and, 
if necessary, the part of the judgment specifying 
the infringement concerned and the person, having 
committed it, is published.”  
 
Article 13  
After Article 79, headings and Articles 79a to 79e 
are inserted to read:  
“CLAIM FOR PROVISION OF INFORMATION  
Article 79a  
(1)  The holder of a trademark who has instituted 
civil proceedings for the protection of the 
trademark in the case of infringement may 
claim the provision of information on the 
origin and distribution channels of the goods 
infringing his trademark.  
(2)  The claim referred to in Article 1 may be 
made in the form of a legal action or a provisional measure against:  
-  a person who has been sued in the civil 
proceedings referred to in paragraph (1) 
of this Article;  
-  a person who is within her/his economic 
activities in possession of the goods suspected of infringing a trademark;  -  a person who provides, within her/his 
economic activities, services suspected 
of infringing a trademark; 
-  persons who provide, within their 
economic activities, services used in the activities suspected of infringing a 
trademark;  
-  a person who is indicated by any of the 
mentioned persons as being involved in the manufacture or distribution of the goods or the provision of the services 
suspected of infringing a trademark;  
(3)  The claim referred to in Article 1 may also be 
included in a gradual legal action as the first claim, provided that a person acting as a 
counter party to the defendant is also included in the main claim.  
(4)  The claim for information on the origin of the 
goods and distribution channels of the goods and services referred to in paragraph (1) of 
this Article may include in particular:  
-  information on the names and addresses 
of the producers, distributors, suppliers 
and other previous holders of the goods and providers of the services, 
respectively, as well as the intended 
wholesalers and retailers;  
-  information on the quantities produced, 
delivered, received or ordered, as well as the price obtained for the goods or services concerned.  
(5)  The person required to provide the 
information referred to in this Article may refuse to provide such information on the 
same grounds as those allowing the refusal 
to present evidence as a witness pursuant to the provisions of the Act on Civil 
Proceedings. If the person concerned 
refuses to provide information without justified reasons, she/he shall be responsible 
for the damage incurred, pursuant to the 
provisions of the Obligations Act.  
(6)  The provisions of this Article shall be without 
prejudice to the provisions on the manner of use of confidential information in civil and 
criminal proceedings, the provisions 
regulating the responsibility for misuse of the right to acquire information, and the 
provisions regulating the processing and 
protection of personal data.  
(7)  The provisions of this Article shall be without 
prejudice to the provisions of Articles 79c 
IP/N/1/HRV/T/4 
Page 29and 79d of this Act regulating the taking of 
evidence.  
 
PROVISIONAL MEASURES DUE TO 
INFRINGEMENT OF A TRADEMARK  
Article 79b  
(1)  Upon the request of the holder of a 
trademark who makes it likely that her/his 
trademark has been infringed or threatened 
to be infringed, the court may order any provisional measure comprising the 
termination or prevention of the infringement, 
and in particular:  
-  order the opposing party to cease or 
desist from, the acts infringing a 
trademark; the court may also issue such order against an intermediary 
whose services are being used by a third 
party to infringe a trademark;  
-  order the seizure or removal from the 
market of the goods unlawfully designated by a trademark.  
(2)  Upon the request of the holder of a 
trademark who makes it likely that his trademark has been infringed on a 
commercial scale for the purpose of 
acquiring commercial or economic benefit, and that such infringement has threatened to 
cause him irreparable damage, the court 
may, in addition to the provisional measures referred to in paragraph (1) of this Article, 
order the seizure of the movable and 
immovable property of the opposing party, not directly related to the infringement, 
including the blocking of his bank accounts 
and other assets.  
(3)  For the purpose of ordering and eforcing the 
provisional measure referred to in paragraph (2) of this Article, the court may require from the opposing party or other relevant persons 
disposing with it, the communication of the 
banking, financial and other economic 
information, or the access to other relevant 
information and documents. The court shall ensure the protection of  confidentiality of 
such information, and prohibit any misuse thereof.  
(4)  The provisional measure referred to in 
paragraph (1) of this Article may be ordered without informing the opposing party thereof, if the applicant for measures makes it likely 
that otherwise the provisional measure 
would not be effective, or that irreparable damage is threatened to occur. The 
provisional measure referred to in paragraph (2) of this Article may be ordered without 
informing the opposing party thereof, if the 
applicant for measures makes it likely that 
otherwise the provisional measure would not be effective, or that, taking into consideration 
a very serious circumstances of the 
infringement, this would be necessary. If a provisional measure is ordered without 
informing the opposing party thereof, the court shall communicate a decision on the provisional measure to the opposing party, 
promptly upon its enforcement.  
(5)  In the decision ordering a provisional 
measure the court shall specify the duration of such measure, and, if the measure has 
been ordered before the institution of a legal action, the period, within which the applicant 
for measures shall institute a legal action to 
justify the measure, which shall not be less than 20 working days and not more than 31 
calendar days, from the day of 
communication of the decision to the 
applicant for measures, whichever expires 
later.  
(6)  The provisions of the Execution Act shall 
apply to matters, not regulated by this Article.  
(7)  The provisions of this Article shall be without 
prejudice to the possibility to order provisional measures  pursuant to other 
provisions of this Act, and the provisions of 
the Execution Act. 
 
PROVISIONAL MEASURES COMPRISING THE 
PRESERVATION OF EVIDENCE  
Article 79c  
(1)  Upon the request of the holder of a 
trademark who makes it likely that his 
trademark has been infringed or threatened to be infringed, the court may order a 
provisional measure comprising the 
preservation of evidence.  
(2)  By the provisional measure referred to in 
paragraph (1) of this Article, the court may order in particular:  
-  preparation of a detailed description of 
the goods made likely to infringe a 
trademark, with or without taking of 
samples;  
-  seizure of the goods made likely to 
infringe a trademark;  
-  seizure of the materials and implements 
used in the production and distribution of 
the goods made likely to infringe a 
IP/N/1/HRV/T/4 
Page 30trademark and the documentation 
relating thereto.  
(3)  The provisional measure referred to in this 
Article may be ordered even without informing the opposing party thereof, if the 
applicant for measures makes it likely that 
there is a risk of evidence being destroyed or irreparable damage of incurring. If a 
provisional measure is ordered without 
informing the opposing party thereof, the 
court shall communicate a decision on the 
provisional measure to the opposing party, 
promptly upon its enforcement.  
(4)  In the decision ordering a provisional 
measure the court shall specify the duration of the measure, and, if the measure has been ordered before the institution of a legal 
action, the period, within which the applicant 
for measures shall institute a legal action to justify the measure, which shall not be less 
than 20 working days and not more than 31 
calendar days, from the day of 
communication of the decision to the 
applicant for measures, whichever expires later.  
(5)  The provisions of the Execution Act shall 
apply to matters, not regulated by this Article.  
(6)  The provisions of this Article shall be without 
prejudice to the possibility of the court to order provisional measures comprising the 
preservation of evidence pursuant to the 
provisions of the Act on Civil Proceedings.  
 
TAKING OF EVIDENCE IN THE COURSE  
OF THE CIVIL PROCEEDINGS  
Article 79d  
(1)  Where a party to the civil proceedings 
invokes evidence claiming that it lies with the opposing party or under its control, the court 
shall invite the opposing party to present 
such evidence within a specified time limit.  
(2)  Where the holder of a trademark as a 
plaintiff in a legal action claims that the infringement of a trademark has been 
committed on a commercial scale for the 
purpose of acquiring commercial or economic benefit, and has make it likely 
during the proceedings, and where he 
invokes in the proceedings banking, financial or similar economic documents, papers or 
the like evidence, claiming that they lie with 
the opposing party or under 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 
evidence, denies that the evidence lies with it or under its control, the court may take 
evidence to establish such a fact.  
(4)  The provisions of the Act on Civil 
Proceedings 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 present evidence.  
(5)  The court shall, taking into consideration all 
the circumstances of t he case, decide at its 
own discretion, on the importance of the fact 
that the party having t he evidence refuses to 
comply with the court’s decision ordering it to 
present evidence, or denies, contrary to the 
court’s opinion, that the evidence lies with it.  
(6)  Against the decision of the court referred to 
in paragraphs (1) and (2) a separate appeal shall not be allowed.  
 
EXPEDITIOUS PROCEEDINGS AND 
APPLICATION OF THE PROVISIONS OF OTHER 
ACTS 
Article 79e  
(1)  A procedure concerning the infringement of 
the rights under this Act shall be expeditious.  
(2)  The provisions of the Act on Civil 
Proceedings, and the Execution Act, 
respectively, shall apply to the procedures 
concerning the infringement of a trademark.  
(3)  Upon the request of the court or any of the 
parties to the procedure concerning the infringement of a trademark, the Office or the 
Board of Appeal, respectively, shall promptly accept a request for the declaration of the 
decision on the registration of a trademark 
invalid, filed before or during the civil action and shall subject it to the expeditious 
proceedings. The court shall, taking into 
consideration the circumstances of the case, 
decide whether it shall decide on the stay of 
proceedings up to the final decision on the request for the declaration of the decision on 
the registration of a trademark invalid, or 
not.”  
 
Article 14  
The former “Part Twelve” becomes “Part Fourteen”.  
In Article 80, paragraph (1) is amended to read:  
IP/N/1/HRV/T/4 
Page 31 
 
   “Any legal person who uses a sign which is 
identical with or similar to somebody else’s 
trademark, reproduces it or imitates, affixes it to 
the goods or the packaging thereof, offers the goods designated by such a sign, puts them on the 
market or stocks them for such purposes, imports 
or exports the goods designated by such a sign, uses such a sign when providing services or on 
business papers and in advertising, without 
authorization, shall be punished for the misdemeanor by a fine amounting from HRK 20 
000.00 up to 100 000.00 (Article 7 paragraph (2) 
items 1 and 2).”  In paragraph (2) number “8,000.00” is replaced by 
number “10 000.00”.  
After paragraph (3), paragraph (4) is added to read:  
“(4) A natural person – a craftsman or other self-
employed person, respectively, shall be punished for the misdemeanor, referred to in paragraph (1) 
of this Article, by a fine amounting from HRK 5 
000.00 to 50 000.00, where the misdemeanor has 
been committed in the performance of her/his 
activities as a craftsman or other self-employed person, respectively.”  
In the former paragraph (4), which becomes 
paragraph (5), numbers “1, 2 and 3” are replaced by numbers “1, 2, 3 and 4”.  
 
TRANSITIONAL AND FINAL PROVISIONS  
Article 15  
(1)  The administrative disputes instituted before 
the Administrative Court before 1 June 2008 shall be completed before the Administrative 
Court in accordance with the provisions, 
which were in force up to that date.  
(2)  A party, which instituted a legal action before 
the Administrative Court before 1 June 2008, in accordance with the provisions which were in force up to that date, may require 
from the Administrative  Court to stay the 
proceedings, provided 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 administrative decision is admissible pursuant to the provisions of this Act. The 
administrative decision issued on such 
appeal in the second instance, may be subject to an administrative dispute pursuant 
to the provisions of the Act on Administrative 
Disputes.”  
 
 
 Article 16  
The procedures concerning the protection of a 
trademark in the case of infringement, pending on 
the date of the entry into force of this Act, shall be completed in accordance with the provisions, 
which were in force before the entry into force of 
this Act.  
 
Article 17  
The Ordinance referred to in Article 83 of the Trademarks Act (Official Gazette 173/2003) shall 
be shall be aligned with the provisions of this Act, 
on a proposal given by the Director General of the Office, by the Minister responsible for the work of 
the Office, not later than within 3 months from the 
entry into force of this Act.  
 
Article 18  
This Act shall enter into force on the eight day 
following 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 acceptance of the Republic of Croatia into the European Union. 
IP/N/1/HRV/T/4 
Page 32THE ACT ON AMENDMENTS TO THE 
TRADETRADEMARK ACT** 
Article 1 
In the Trademarks Act (OG 173/03 and 76/07) in 
Article 5 paragraph (1) item 2 after the words “are 
devoid of” the word “any” is added. 
Item 11 is added to read: “11. signs which contain or consist of designations 
of origin or geographical indications, in effect in the 
territory of the Republic of Croatia, if a request for 
the registration of a trademark has been filed after 
the filing date of a request for the registration of a designation of origin or a geographical indication 
within the scope provided by  legislation, by virtue 
of which such designations are registered, and 
which refer to the same type of products and 
services”. 
 
Article 2 
In Article 6, parag raph (8) is added to read: 
“(8) Upon an oppo
sition as filed, a sign shall not be 
registered in the name of a trade agent or representative of a trademark holder without his 
authorization, unless a trade agent or representative justifies his action”. 
 
Article 3 
In Article 25, para graph (1) is amended to read: 
“(1) If all the requirements set out in
 Article 21, 
paragraph (2) of this Act are complied with, and if there are no grounds for refusal of the registration 
under Article 5, paragraph (1) of this Act, the 
application data shall be published in “The Croatian Intellectual Property Gazette “ 
(hereinafter: the Office official gazette)”. 
 
Article 4 
In Article  27, paragraph (1), item 5 is  add
ed to 
read: 
“5. the holder of an earlier trademark within the 
meaning of Article 6, paragraph (8) of this Act”. 
 
Article 5 
In Article 35, paragraph (1), the words: “not later than within three mo n
ths from the date of 
publication of the trademark”, are replaced by the words: “after the publication of a registered trademark”. 
  
 
  
Article 6 
After Article 36, a new heading and Article 36a are 
added to read: 
“CONTINUED 
PROCESSING 
Article 36a 
(1)  If the applicant for a trademark registration or 
the holder of a trade
mark 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 trademark 
application or trademark, he may file a 
request for the continued processing with respect to the trademark application or 
trademark. The Office shall authorise the 
continued processing, provided that the 
applicant: 
1. files a request for the continued 
processing and performs all the omitted 
acts within the prescribed time limit, 
referred to in paragraph (2) of this 
Article, and 
2. pays the administrative fee and 
procedural charges. 
(2)  A request for the continued processing may 
be filed within two months from the day on which he learned about the legal consequences referred to in paragraph (1) of 
this Article. 
(3)  If the omitted acts have not been performed 
within the time limit referred to in paragraph (2) of this Article, or if the administrative fees 
and procedural charges have not been paid, a request for the continued processing shall 
be deemed not to be filed, and the 
conclusion to that effect shall be issued by the Office. 
(4)  A request for the continued processing shall 
not be filed, if failure to comply with concerns the time limit: 
1. referred to in paragraph (2) of this Article, 
2. for filing the request referred to in Article 
18 and Article 19 of this Act, 
3. for filing the request referred to in Article 
44 of this Act, 
4. for filing the appeal referred to in Article 
74a of this Act, 
IP/N/1/HRV/T/4 
Page 335.  for filing a request for restitutio in 
integrum pursuant to the provisions of 
the Act on General Administrative 
Proceedings, Article 10 
6.  for all the acts in the procedures before 
the Office involving several parties. 
(5)  If the Office complies with the requirement 
referred to in paragraph (1) of this Article, the 
consequences of having failed to comply 
with a time limit shall be deemed not to have occurred, and all the decisions and 
conclusions issued by the Office concerning 
the failure shall be revoked
. 
 
Article 7 
In Article 38, a new paragraph (2) is added to read: 
“(2) In ca
se of a trademark transfer in respect of 
some of the products and/or services only, for 
which the trademark is registered, such registration 
shall be divided in accordance with the provisions of Article 33 of this Act”. 
The former paragraphs (2), (3) and (4) become 
paragraphs (3), (4) and (5). 
 
Article 8 
In Article 49, para graph (2), item 4, after the words: 
“of the Act” a full stop i
s replaced by a comma, and 
item 5 is added to read: 
“5. on request of  the holder of the earlier 
trademark referred to in Article 6, paragraph (8) of 
this Act”. 
After paragraph (2), a new paragraph (3) is added 
to read: 
“(3) The procedure for a declaration that a 
trademark is invalid may be initiated on the request 
of an interested person also in the case where the 
holder of the trademark, requested to be declared invalid was acting in bad faith at the moment of 
filing an application for the registration of such 
trademark. 
The former paragraphs (3) and (4) become 
paragraphs (4) and (5). 
In the former paragraph (5), which becomes 
paragraph (6), number “3” is replaced by number 
“2”. 
The former paragraphs (6) and (7), become 
paragraphs (7) and (8). 
 
Article 9 
In Article 50,  paragraph (1), numbers “3, 4, 5, 6 
and 8” a r
e replaced by num bers: 2, 3, 4, 5, 6 and 
8”. In Article 51, paragraph (4
), the words: ”paragraph 
(3)” are replaced by the words: “paragraphs (2) and (3)”. 
 
Article 11 
Article 54 i s amende d to re ad: 
“Any sign wit
hin the meaning of Article 2 of this 
Act, which is intended to designate the quality, origin, manner of production, or other common 
characteristics of the goods or services may be 
protected as a guarantee mark. The holder of a guarantee mark is not entitled to use a guarantee 
mark by himself, however, he shall be entitled to 
authorize and supervise such use in respect of 
entrepreneurs who have the authorization to use a 
guarantee mark pursuant to the Contract on a Guarantee Mark”. 
 
Article 12 
After Article  63, a new h e
ading and Article 63a are 
added to read: 
“CONVERSION (TRANSFORMATION) OF AN 
INTERNATIONAL REGISTATION OF A MARK 
INTO A NATIONAL TRADEMARK APPLICATION 
Article 63a 
(1)  Where, on or before the day of cancellation 
of an international registration from the International Register all the requirements, laid down under the Protocol, for the 
conversion (transformation) of an 
international registration of a mark, as protected in the territory of the Republic of 
Croatia into a national trademark are 
complied with, such trademark shall, upon the request of its holder, be entered in the 
trademark register kept by the Office 
pursuant to this Act, subject to the prior 
payment of the procedural charges for the 
maintenance of the trademark for the first ten-year period and the publication of the 
trademark data. 
(2)  The date of the international registration of 
the trademark, which is the basis for conversion (transformation) shall be taken as 
the date of registration of the national trademark, resulting from the conversion 
(transformation), carried out in accordance 
with pursuant to paragraph (1) of this Article. 
(3)  An international registration of a mark, which 
is not protected in the territory of the Republic of Croatia on or before the day of cancellation of the international registration 
from the International Register, in respect of 
IP/N/1/HRV/T/4 
Page 34which the procedures and measures are 
taken before the Office, and are pending on 
or before the day of filing a request for 
conversion (transformation), are deemed to be integral parts of the procedure for a 
national trademark application, in 
compliance with the provision of this Act. 
(4)  The date of the international trademark 
registration for which the extension of protection to the territory of the Republic of Croatia is requested, shall be taken as the 
date of the national trademark application 
referred to in paragraph (3) of this Article, resulting from a request for conversion 
(transformation)”. 
 
Article 13 
The hea ding above Article 66 is amended to read: 
“PROVING THE USE OF AN INTERNATIONAL 
REGISTRATION OF A MARK” 
Article 66 is
 amended to read: 
“(1)  For the purpose of proving the use of an 
international registration of a mark in the opposition procedure, procedure for the 
declaration that a trademark is invalid, and 
the revocation procedure relating to an 
international registration of a mark, the date of the expiry of a one-year period running 
from the day following the date of notification 
communicated by the International Bureau concerning the request for the extension 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 
international trademark registration. 
(2)  If, upon the expiry of a one-year period 
referred to in paragraph (1) of this Article, the procedure concerning a request for the 
extension of protection of an international registration of a trademark to the territory of 
the Republic of Croatia has not yet been 
concluded the date on which the Office notified the International Bureau its final 
decision on the grant of protection, shall be 
taken as the date of the international 
registration”.
 
 
Article 14 
In Article 67, paragraph (5) is deleted. 
Article 15 
In Article 67c, paragraph (1), the words: “a 
Community trademark shall be  an ea
rlier 
trademark” are replaced by the words: “an application for a Community trademark and a 
Community trademark shall be earlier trademarks”. 
 
Article 16 
The he ading above Article 67e is amended to 
read:  
“CONVERSION OF A COMMUNITY TRADEMA R
K 
APPLICATION AND A COMMUNITY 
TRADEMARK INTO A NATIONAL TRADEMARK 
APPLICATION”. 
Article 67e is amended to read: 
“(1)  Upon a request for conversion of a 
Community trademark application, or a 
Community trademark, respectively, into a 
national trademark applic ation, filed pursuant 
to the provision of Article 109, paragraph (3) 
of the Regulation on the Community trade 
mark, the Office shall carry out the 
procedure for the trademark registration in accordance with the provisions of this Act. 
(2)  The administrative fees and procedural 
charges for the registration referred to in paragraph (1) of this Article shall be paid in 
accordance with the provisions of this Act 
and other regulations. 
(3)  The Office shall notify the person filing the 
request referred to in paragraph (1) of this Article of the receipt thereof and shall invite 
him/her to file a translation of the Community 
trademark application into the Croatian language, within a period of 60 days. 
(4)  The date of filing, the date of priority and the 
seniority shall be determined pursuant to the provision of Article 108, paragraph (3) of the 
Regulation on the Community trade mark”.
 
 
Article 17 
In Article 67g, paragraph (2) is deleted. 
 
Article 18 
This Act shall enter into force on the eighth day 
following
 day of the publication thereof in the 
“Offici al Gazette”. 
IP/N/1/HRV/T/4 
Page 35THE ACT ON AMENDMENTS  
TO THE TRADEMARKS ACT*** 
 
Article 1 
In the Trademarks Act („Official Gazette“ Nos. 
173/03, 76/07 and 30/09), in Article 20, paragraph (2), the words “administrative decisions” are 
replaced by the word “decisions”, and the last 
sentence is deleted. 
Paragraph (3) is deleted. 
In the former paragraph (4), which becomes 
paragraph (3), the words “administrative decisions” are replaced by the word “decisions”. 
 
Article 2 
In Article 22, paragraph (1), the words “shall invite 
the applicant” are replaced by the words “shall 
order the applicant by a conclusion”, and the word “invitation” is replaced by the word “conclusion”. 
In paragraph (2), the words “with the invitation” are 
replaced by the words “with the conclusion”. 
In paragraph (3), the words “shall invite the 
applicant” are replaced by the words “shall order 
the applicant by a conclusion”, and the word 
“invitation” is replaced by the word “conclusion”.    
 
Article 3 
In Article 23, the word “invitation” is replaced by the 
word “conclusion”, and the Croatian word translated as “by a decision” is replaced by another 
Croatian word translated as “by a decision”. 
 
Article 4 
In Article 24, paragraph (1) is amended to read: “(1) If the Office finds that  any of the reasons for 
the refusal of a trademark according to Article 5, 
paragraph (1) of this Act exists, it shall notify the 
applicant for the registration of a trademark in writing of the grounds for refusal and shall invite 
him to file observations and to submit evidence on 
the possible new facts that might influence the final 
decision of the Office.”  
In paragraph (2) the words “and to submit evidence 
on the possible new facts that might influence the 
final decision of the Office” are deleted. 
After paragraph (3), paragraphs (4) and (5) are 
added to read: 
“(4) If the applicant for the registration of a 
trademark fails to file within the prescribed time limit his observations on the notification of the 
grounds for refusal of the registration in respect of 
all the goods or services for which the registration has been applied for, or fails to challenge the grounds for such refusal, a decision on the total refusal of the registration shall be issued.  
“(5) If the applicant for the registration of a 
trademark fails to file within the prescribed time limit his observations on the notification of the 
partial refusal of the registration of a trademark, or 
if in the course of the procedure concerning the observations on the notification of the grounds for 
refusal of the registration in respect of all the goods 
or services for which registration has been applied for, it has been found that a sign does not comply 
with the requirements for registration in respect of 
only some of the goods or services for which the registration has been applied for, a partial decision 
on the refusal of the registration shall be issued.”  
 
Article 5 
In Article 25, a new paragraph (2) is added to read: “(2) Where the registration of a trademark 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 
registration applied for may be granted shall be 
published after this partial decision becomes final.” 
The former paragraph (2) becomes paragraph (3). 
 
Article 6 
In Article 28 paragraph (2), the Croatian word 
translated as “by a decision” is replaced by another 
Croatian word translated as “by a decision”. 
 
Article 7 
In Article 29, a new paragraph (3) is added to read: “(3) The Office shall transmit a copy of the 
observations on a request for the proof of use 
furnished by the holder of an earlier trademark to the applicant for the registration of a trademark and 
shall invite him to file his observations within a 
period of 30 days from the day of receipt of the invitation.”. 
The former paragraphs (3), (4) and (5) become 
paragraphs (4), (5) and (6). 
After the former paragraph (6), which becomes 
paragraph (7), paragraphs (8) and (9) are added to read: 
“(8) The applicant for the registration of a 
trademark and opponent may, in a request signed by both of them and filed in the course of the 
examination procedure concerning the opposition, 
request the Office to suspend the examination procedure concerning the opposition for the 
purpose of attempting to reach a settlement. 
(9) The Office shall continue the examination 
procedure concerning the opposition on request 
IP/N/1/HRV/T/4 
Page 37either of the applicant for the registration of a 
trademark or the opponent, and not later than 
within a period of 24 months from the filing of the 
first request referred to in paragraph (8) of this Article, if the procedure has not been concluded up 
to the expiry of that period.” 
 
Article 8 
In Article 30, after paragraph (2), paragraph (3) is 
added to read: 
“(3) If the applicant for the registration of a 
trademark restricts the list of goods and services 
after an opposition to the registration of a trademark as filed, the Office shall notify the 
opponent of the restriction of the list of goods or 
services, and shall invite him to state whether he 
insists on the opposition as filed, within a period of 
15 days from the day of rece ipt of the invitation. If 
the opponent fails to notify the Office that he insists 
on the opposition as filed, the Office shall consider 
that he has withdrawn hi s opposition, and shall 
discontinue the opposition procedure.  
 
Article 9 
In Article 32, paragraph (1) is amended to read: “(1) If the grounds referred to in Article 5 paragraph 
(1) and Article 6 of this Act do not constitute a barrier to the registration, the Office shall order the 
applicant by a conclusion to pay the prescribed 
procedural charges for the maintenance of the trademark for the first ten-year period and for the 
publication of the trademark data within a period of 
30 days from the day of receipt of the conclusion. 
In paragraph (2), the Croatian word translated as 
“by a decision” is replaced by another Croatian 
word translated as “by a decision”. 
After paragraph (2), paragraph (3) is added to 
read: 
“(3) If the charges referred to in paragraph (1) of 
this Article are paid on time, a trademark shall be 
entered in the Register of Trademarks.” 
 
Article 10 
In Article 36a, paragraph (3) is amended to read: “(3) If the omitted acts have not been performed 
within the time limit referred to in paragraph (2) of 
this Article, a request for the continued processing shall be rejected by a decision.” 
 
Article 11 
In Article 39, paragraph (4) is amended 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 parties to that contract and the rights being licensed, certified as being a true extract from that contract or the 
original certificate of granting the license, signed by 
both the licensor and the licensee has been filed with the Office. 
 
Article 12 
In Article 40 paragraph (4) the words “or levy of 
execution” are deleted. 
 
Article 13 
In Article 47 paragraph (2) the Croatian word 
translated as “by a decision” is replaced by another Croatian word translated as “by a decision”. 
In paragraph (3) the words “shall invite the person 
who filed the request” are replaced by the words “shall order the person who filed the request by a 
conclusion”, and the word “invitation” is replaced 
by the word “conclusion”. 
In paragraph (4), the word “invitation” is replaced 
by the word “conclusion”, and the Croatian word 
translated as “by a decision” is replaced by another 
Croatian word translated as “by a decision”. 
Paragraph (6) is deleted. After the former paragraph (7), which becomes 
paragraph (6), new paragraphs (7) and (8) are 
added to read: 
“(7) The Office shall transmit a copy of the 
observations on the request for revocation of a 
trademark furnished by the holder of a trademark to the person who filed a request for the revocation 
of a trademark and shall invite him to file his 
observations within a period of 60 days from the day of receipt of the invitation.” 
(8) On request, the time  limits referred to in 
paragraphs (3), (5) and (7) of this Article may be 
extended for not more than 60 days.” 
The former paragraph (8) becomes paragraph (9). 
 
Article 14 
In Article 48, paragraph (1) is amended to read: “(1) After the expiry of the time limit referred to in 
Article 47 paragraph (7) of this Act, the Office shall 
examine the justification of  the grounds specified in 
the request for revocation of the trademark.” 
 
Article 15 
In Article 50 paragraph (2), the Croatian word 
translated as “by a decision” is replaced by another 
Croatian word translated as “by a decision”.  
In paragraph (3) the words “shall invite the person 
who filed the request” are replaced by the words 
“shall order the person who filed the request by a 
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   conclusion”, and the word “invitation” is replaced 
by the word “conclusion”. 
In paragraph (4) the word “invitation” is replaced by 
the word “conclusion”, and the Croatian word translated as “by a decision” is replaced by another 
Croatian word translated as “by a decision”. 
 
Article 16 
In Article 61 paragraph (2), the words “shall invite 
the applicant” are replaced by the words “shall order the applicant by a conclusion”, and the word 
“invitation” is replaced by the word “conclusion”. 
Paragraph (5) is amended to read: “(5) If the applicant for the international registration 
of a mark or the person who filed the request for 
recording of a change in the International Register does not, within the prescribed time limit, comply 
with the conclusion sent by the Office, and does 
not remedy the found deficiencies within the meaning of paragraph (2) of this Article, or if the 
application or request according to the Madrid 
Agreement, the Protocol and the Common 
Regulations may not be filed with the Office, the 
application or the request shall be rejected by a decision.” 
 
Article 17 
In Article 67 paragraph (1), the words “shall invite 
him” are replaced by the words “shall order him by 
a conclusion”, and the word “i nvitation” is replaced 
by the word “conclusion”. 
 
Article 18 
In Article 67e paragraph (3), the words “shall invite 
him/her” are replaced by the words “shall order 
him/her by a conclusion”. 
 
Article 19 
The heading above Article 68 is amended to read: 
“CORRECTION OF MISTAKES” 
Article 68 is amended to read: “(1) Where the entry in the register of a trademark 
or the publication of an application or a registration 
of a trademark contains a mistake attributable to the Office, the Office shall correct the mistake ex 
officio or on request of the party. 
 (2) A request for the correction of a mistake 
referred to in paragraph (1) of this Article shall not 
be subject to payment of any fee or procedural 
charges. 
(3) The Office shall publish the correction of 
mistakes made in accordance with this Article.” 
 Article 20 
After Article 68, a heading and Article 68a are added to read: 
“INITIATION OF A PROCEDURE 
Article 68a 
(1) An application for the registration of a 
trademark may be filed with the Office directly in writing, by post, or by electronic means. 
(2) Requests for the initiation of other procedures 
governed by this Act shall be filed with the Office directly in writing, or by post. 
(3) The requirements and manner in which an 
application for the registration of a trademark and other requests for the initiation of procedures shall 
be communicated to the Office shall be prescribed 
by the Regulations. 
 
Article 21 
In Article 69, paragraph (2) is deleted.  
Article 22 
In Article 74a, the Croatian word translated as “a 
decision” in the appropriate grammatical number 
and case is replaced by another Croatian word translated as “a decision” in the appropriate 
grammatical number and case. 
 
Article 23 
The Minister responsible for the work of the Office 
shall, on a proposal given by the Director General of the Office, harmonize the Regulations referred 
to in Article 83 of the Trademarks Act (“Official 
Gazette” Nos. 173/03, 76/07 and 30/09) with the provisions of this Act not later than within a period 
of two months from the day of the entry into force 
of this Act. 
 
Article 24 
This Act shall enter into force on the eighth day 
following the day of the publication thereof in the 
“Official Gazette”. 
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