WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/HRV/T/2 
30 November 2010 
 (10-6457) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
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 notified by  Croatia on 26 July 2010 under Article 63.2 of the 
Agreement (see document IP/N/1/HRV/2). 
 
 
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 26 juillet 2010 au titre de  l'article 63:2 de l'Accord (voir le document 
IP/N/1/HRV/2). 
 
 
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 26 de julio de 2010 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/HRV/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   
  IP/N/1/HRV/T/2 
 Page 3 
 
 
   
    
 
 
 
Trademarks Act 
 
 
  
And 
 
 
   
THE ACT ON AMENDENTS 
TO THE TRADEMARKS ACT*/** 
 
    
 
     
 
    
 
     
NN 173/2003, in force from January 1, 2004 
*NN 76/2007, in force July 31, 2007 
**NN 30/2009, in force March 17, 2009 
 
Zagreb, December 2009 
 IP/N/1/HRV/T/2 
Page 4  
 
   
 
I. BASIC PROVISIONS 
 
SCOPE OF APPLICATION 
Article 1 
 
This Act shall apply to individual, collective a nd 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 (hereina fter: "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, pa rticularly 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 indi cated signs, may be protected as a trademark, 
provided that such signs are capable of distingui shing 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 havi ng 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 th e Republic of Croatia, if it results from the 
international treaties binding the Republic of Croa tia or from the application of the principle 
of reciprocity.  
 
ACQUISITION OF A TRADEMARK 
Article 4  
 
(1)  In the Republic of Croatia a tradem ark 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 char acter in relation to the goods or services for 
which registration is requested,  
  IP/N/1/HRV/T/2 
 Page 5 
 
 
  3.  signs which consist exclusively of signs or indications which may serve, in trade, to 
designate the kind, quality, quantity, intende d 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 fait h 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 substa ntial 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 th e Paris Convention for the Protection of 
Industrial Property (hereinafter: "the Paris Convention".)  
 
9.  signs for wines which contain or consis t of geographical indica tions identifying wines 
and signs for spirits which contain or cons ist of geographical indications identifying 
spirits with respect to such wines or sp irits not having that geographical origin,  
 10.  signs, which contain the name or abbrev iation of the name, national coat of arms, 
emblem, flag or other official sign of the Republic of Croatia, or a part thereof, and 
the imitation thereof, except with the author ization of the competent authority of the 
Republic of Croatia.  
 (2)  Registration shall not be refused to signs sp ecified 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 with an earlier trademark registered for identical goods or services,   
2.  if because of its identity with, or similari ty to, the earlier trademark and the identity or 
similarity of the goods or services, there is a likelihood of confusio n 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,  
 IP/N/1/HRV/T/2 
Page 6  
 
  2.  trademarks registered under internationa l 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 tradem arks referred to in item 1 of this paragraph, 
provided that the trademarks become registered,  
 
4.  trademarks which, on the date of applica tion 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 sen se 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 ear lier trademark, a sign sha ll 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 cau se 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 sha ll not be registered if its use would infringe the 
right of the person who, at the time of fili ng 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 app lication 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 fili ng the application for registration of a trademark.  
 (7)  On the basis of opposition as filed, a sign sha ll not be registered if it is identical with, or 
similar to, an earlier trademark which was register ed for identical or similar goods or services 
and conferred on them a right which has expire d 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/2 
 Page 7 
 
 
  II. EFFECTS OF A TRADEMARK 
 
RIGHTS CONFERRED BY A TRADEMARK 
Article 7 
 (1)  A registered trademark shall confer on its holder the exclusive rights therein.  
 (2)  The holder shall be entitled to prevent all thir d parties not having his authorization from using 
in the course of trade:  
 
1.  any sign which is identical with his tr ademark in relation to goods or services which 
are identical with those for whic h the trademark is registered,  
 2.  any sign where, because of its identity with, or similarity to, his trademark and the 
identity or similarity of the goods or serv ices 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 sim ilar 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 th is 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 th e 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 trad emark is, at the latest in the next edition of the 
publication, accompanied by a note that it is a registered trademark.   IP/N/1/HRV/T/2 
Page 8  
 
  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 th e 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 pr ohibit 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 pr ohibit a third party from using, in the course of 
trade the trademark where it is necessary to i ndicate the intended purpose of a product or a 
service, in particular as accessories or spare pa rts, provided that such sign is used in 
accordance with established and hon est 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 ap plies 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.  
 
EXHAUSTION 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 commerciali zation 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 h as acquiesced, within a continuous period of five 
years, in the use of a later trademark while be ing 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.  
  IP/N/1/HRV/T/2 
 Page 9 
 
 
  (2)  Paragraph (1) of this Article shall also appl y 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 cons titute 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 sha ll be deemed to constitute use by the holder.  
 
(4)  If, within a continuous period of five year s 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 th is 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, requ est registration of more than one sign for which 
trademark protection is sought.  
 
REQUIREMENTS 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,  IP/N/1/HRV/T/2 
Page 10  
 
   
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 tradem ark 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 Inte rnational Classification of Goods and Services 
established by the Nice Agreement Concerning the Inte rnational 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 th e registration of the trademark shall acquire the 
right of priority on the basis of the applicati on filing date over any othe r 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 agr eements 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 tradem ark has filed the application for the first time in 
a Member State of the Paris Union for the Protec tion of Industrial Property (hereinafter: "the 
Paris Union") or in a Member State of the Worl d Trade Organization, he may, when filing the 
application for the same trademark in the Repub lic 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 application he is filing 
with the Office, the relevant data on the appli cation 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 th ree months from the date of filing a priority 
claim, and the translation of the first application into the Croatian language.   IP/N/1/HRV/T/2 
 Page 11 
 
 
  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 o fficially 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 providin g of the services be accorded as the date of the 
first application, provided that he files the app lication 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 issu ed 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 a nd the first day of the 
exhibition of the goods or services specified in the application.  
  
V. PROCEDURE FOR THE REGISTRATION OF A TRADEMARK 
 
THE OFFICE AUTHORITY 
Article 20 
 
(1)  The administrative tasks relating to the regist ration of trademarks shall be carried out by the 
Office.  
 
(2)  The administrative decisions made by the O ffice shall not be subject to any appeal, but an 
administrative lawsuit may be instituted.  
 
EXAMINATION OF THE CORREC TNESS OF THE APPLICATION 
Article 21 
 (1)  The examination of the correctness of th e application shall include the examination of 
compliance with all the requirements pre scribed 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 Ar ticle 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 tr ademark 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 th e Regulations, the Office shall invite the 
applicant to remedy the deficiencies within 60 days as from the day of receipt of the 
invitation.  
 IP/N/1/HRV/T/2 
Page 12  
 
  (2)  If the applicant remedies the deficiencies in the application in accorda nce with the invitation 
referred to in paragraph (1) of this Article w ithin 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 re quirements set out in Article 15 paragraph (1) of 
this Act, it shall not be considered as the app lication for the registration of a trademark, and 
the Office shall invite the applicant to reme dy all the found deficiencies within 60 days as 
from the day of receipt of the invitation.  
 (4)  The date of receipt of the corrected applicati on within the meaning of the paragraph (3) of this 
Article shall be considered to be the date fo r 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 registrati on 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 appli cant for the registration of the trademark is 
notified in writing about the grounds for refusal a nd 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 accord ing 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 re ferred 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 registrati on under Article 5 paragraph (1) of this Act, 
and if the prescribed procedural charges for th e publication of an application are paid, the 
application data shall be published in "T he Croatian Intellectual Property Gazette" 
(hereinafter: "the Office official gazette").  
 
(2)  The application data to be published in the O ffice official gazette shall be prescribed by the 
Regulations.   IP/N/1/HRV/T/2 
 Page 13 
 
 
  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, with in 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 subm it 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) a nd (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 meani ng 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 appli cation, the earlier trademark, on which the opposition 
is based, is subject to a pending revocation pro cedure or a pending procedure for a declaration 
that the trademark is invalid, the Office sh all suspend the opposition procedure until the 
decision from the earlier initiated revocation proce dure 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 pa ragraph (1) of this Article, shall not be 
extended, nor shall it be possible to submit, after th e expiry of this time limit, additions to the 
opposition, which include submissions of a dditional 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.  IP/N/1/HRV/T/2 
Page 14  
 
  OPPOSITION PROCEDURE 
Article 28 
 
(1)  The Office shall examine whether the oppositio n is filed by the person entitled to file the 
opposition within the meaning of Article 27 para graph (1) of this Act, whether the opposition 
is filed within the prescribed time limit a nd 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 th e 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 a dditional evidence and documentation.  
 (5)  If the applicant does not submit his observa tions 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 pr ovide 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 sh all examine the justifi cation of the grounds 
specified in the opposition.  
 (2)  If the applicant for the registration of a tr ademark so requests, the holder of an earlier 
trademark who has filed the opposition to the re gistration 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 resp ect of which it is registered and which he cites 
as justification for the opposition, or he shall furn ish 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 re lation to a part only of the goods or services for 
which it is registered it shall, for the purpo ses 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 concer ning the opposition, the Office finds that the 
opposition is unjustified, it shall be refused and th e decision to that effect shall be sent to the 
applicant and to the opponent.   IP/N/1/HRV/T/2 
 Page 15 
 
 
   
(6)  If, in the examination procedure concer ning the opposition, the Office finds that the 
opposition is justified, the registration of the trad emark 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 regist ration 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 registrati on 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 copy ing, or to correct some other obvious mistakes, 
provided that such amendments do not require ex tension 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 s ubstantially 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 publishe d 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 paragra ph (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 procedural 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 sever al 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.  IP/N/1/HRV/T/2 
Page 16  
 
  (3)  The procedure of division of an applica tion or a registration shall be prescribed by the 
Regulations.  
 (4)  The data concerning divisional applications or registrations sha ll 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 publis hed 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, a nd subject to the prior payment of the prescribed 
procedural charges for the issuance of the tr ademark certificate, the Office shall issue the 
certificate to the holder of the trademark not late r 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 word ing or of copying, or to correct some other 
obvious mistakes, provided that such amendmen ts 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 substan tially affecting the identity of the trademark as 
originally entered in the register, may be entered in the register.  
 
(3)  Where the registration has already been publishe d, 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 ch anges 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.   IP/N/1/HRV/T/2 
 Page 17 
 
 
   
(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 fo r the entry of any change relating to a trademark 
shall be prescribed by the Regulations.  
 
TRANSFER OF RIGHTS 
Article 38 
 
(1)  The holder of a trademark may transfer his tr ademark 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 transfer signed both by th e former and the new holder of the right is 
submitted to the Office.  
 (3)  The transfer of rights shall be published in th e 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 ri ghts 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 trad emark may be used, the scope of the goods or 
services for which the license is granted, the terr itory 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 nonexclusive 
license may institute proceedings for the infringeme nt 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 infringe ment of a trademark, if the holder of the 
trademark, after a formal notice, does not hims elf 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 a nd the licensee is submitted to the Office.  
 (7)  If the prescribed fee and procedural charg es 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.  IP/N/1/HRV/T/2 
Page 18  
 
   
(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 entry 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 proc eedings, on request of the competent authority an 
indication to that effect shall be en tered in the register and published.  
 
RIGHTS CONFERRED BY AN APPLICATION 
Article 42 
 
Articles 38 to 41 of this Act shall also apply to ap plications 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 sh all last ten years counting from the date of filing 
of 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 renewe d indefinite number of times, for the periods of 
ten years each, provided that the holder of th e 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 Ar ticle, 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.  IP/N/1/HRV/T/2 
 Page 19 
 
 
   
(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 registrati on 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 trad emark shall cease to have effect from the day of 
expiry of the 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 regist er, the surrender of the trademark shall only be 
entered in the register if the holder of the tr ademark 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 con tinuous 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, af ter 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 sh all be filed under conditions and in the manner as 
prescribed by the Regulations.  
 IP/N/1/HRV/T/2 
Page 20  
 
  PROCEDURE CONCERNING THE REQUEST FOR REFUSAL OF A TRADEMARK 
Article 47 
 
(1)  The Office shall examine whether the requ est 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 revoca tion of which is requested, and if it is not 
filed on the grounds specified in Article 46 paragr aphs (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 requ est 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 re vocation 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 pa ragraphs (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 pr escribed 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 tradem ark in respect of which the revocation is requested submits his 
observations on the request within the prescrib ed time limit, the Office shall examine the 
justification of the grounds specified in th e 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 ev idence, documentation and observations within 
60 days from the day of receipt of the invitation. 
 (3)  On request, the time limit laid down in paragr aph (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. 
  IP/N/1/HRV/T/2 
 Page 21 
 
 
  (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 nonuse, shall be disregar ded if preparations for the commencement or 
resumption occur only after the holder becomes aw are 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 re quest 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 the request is justified, the tr ademark 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 ente red in the register and published in the Office 
official gazette.  
 
DECLARATION THAT THE TRADEMARK IS INVALID 
Article 49 
 
(1)  The procedure for a declaration that a trademar k is invalid shall be carried out by the Office. 
 (2)  If the trademark was not registered in accord ance with the provisions 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 atto rney 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 ri ghts referred to in Article 6 paragraph (4) of 
this Act,  
 3.  on request of the person who had a firm w ithin the meaning of Article 6 paragraph (6) 
of this Act,  
 
4.  on request of the holder of an earlier trad emark referred to in Ar ticle 6 paragraph (7) 
of this Act. 
 IP/N/1/HRV/T/2 
Page 22  
 
  (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 ma y only be declared invalid if the procedure for a 
declaration that the trademark is invalid has b een 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 ac quired the reputation within the meaning of 
Article 6 paragraph (3) of this Act up to the da te of priority right of the later trademark. 
 (6)  Where the holder of the right referred to in pa ragraph (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 filing of the request for a declaration that a trademark is invalid, the earlier 
trademark on which the request is based is s ubject to a pending revocation procedure or a 
pending procedure for a declaration that the trad emark is invalid, the Office shall suspend the 
procedure until the decision from the earlier in itiated revocation procedure or the procedure 
for a declaration that the trademar k is invalid has become final. 
 (8)  The request for a declaration that a trademar k is invalid shall be fi led 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 fo r 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 tradem ark 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 tradem ark is invalid is not filed as prescribed by the 
Regulations, the Office shall invite the pe rson 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, with in the prescribed time limit, comply with the 
invitation sent by the Office and does not remedy  the deficiencies in th e request within the 
meaning of paragraph (3) of this Article, th e 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. 
 
(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.  IP/N/1/HRV/T/2 
 Page 23 
 
 
  (7)  If the holder of the contested trademark do es 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 trademar k 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 decl ared invalid if the holder of the trademark proves 
that the trademark has, after the registration a nd 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 comp ly with the requirements of use set out in 
Article 13 paragraphs (2) to (4), provided that the earlier trademark 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 re lation to a part only of the goods or services for 
which it is registered it shall, for the purpo ses of the examination of the request for a 
declaration that a trademark is invalid, be consid ered 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 para graph (7) of this Article  may be extended for not 
more than 60 days. 
 
(9)  If the party in the procedure does not res pond to the invitation within the prescribed time 
limit, the Office shall make a decision on the b asis of the facts available from the earlier 
submitted documentation. 
 IP/N/1/HRV/T/2 
Page 24  
 
  (10)  If, in the examination procedure concerning the request for a declaration that a trademark is 
invalid, the Office finds that the request is unj ustified, the request shall be refused and the 
decision to that effect shall be sent to the pers on who has filed the request and to the holder of 
the contested trademark. 
 
(11)  If, in the examination procedure concerning the request for a declaration that a trademark is 
invalid, the Office finds that the request is justif ied, the trademark shall be declared invalid in 
full or partially, and the decision to that eff ect 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 ef fects 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 sh all be entered in the regi ster and published in the 
Office official gazette.  
 
PARTIAL 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 register ed, 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 Ac t, which is indicated as such in the application for 
the registration of a trademark, and which is capab le 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 th e 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 th is Act, which serves to designate the quality, origin, 
manner of production, or other common characteris tics of the goods or services of the undertakings 
that are under the supervision of the holder of a tr ademark 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 Regula tions shall also apply to collective marks and 
guarantee marks, unless this part of the Act provides otherwise. 
  IP/N/1/HRV/T/2 
 Page 25 
 
 
  (2)  By way of derogation from the provision of Ar ticle 5 paragraph (1) item 3 of this Act, signs 
or indications which may serve, in trade, to d esignate 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, ma ke 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 collectiv e 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.  
 
IX. PROTECTION OF TRADEMARKS  UNDER THE MADRID AGREEMENT 
CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS AND  
THE PROTOCOL RELATING TO THE MADRID AGREEMENT 
 
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.  IP/N/1/HRV/T/2 
Page 26  
 
   
FILING OF THE APPLICATION FOR THE IN TERNATIONAL 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 f iled with the Office as prescribed by the Madrid 
Agreement, the Protocol, the Common Regulati ons 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 regist ration 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 Re gulations on Trademarks, the Office shall 
invite the applicant or the person who filed th e 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 para graph (2) of this Article  may be extended for not 
more than 60 days. 
 
(4)  If the application for the international regi stration of a mark is filed in accordance with 
paragraph (1) of this Article and if the prescr ibed fee and procedural charges are paid, the 
Office shall transmit the application to the In ternational Bureau of the World Intellectual 
Property Organization (hereinafter: "the International Bureau"). 
 
(5)  If the applicant for the international registra tion of a mark or the pe rson who filed the request 
for recording of a change in the Internationa l 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 a nd the Protocol shall be paid directly to the 
International Bureau.  
 
ENTRY IN THE TRADEMARK REGISTER 
Article 63 
 
The date and number of the international registrati on of a mark shall be entered in the trademark 
register kept by the Office, provided that the inte rnational application resulted in the registration.  
 
REFUSAL OF PROTECTION TO THE INTERNATIONAL REGISTRATION OF A MARK 
Article 64 
 
For the holder of an international 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.    IP/N/1/HRV/T/2 
 Page 27 
 
 
  OPPOSITION TO THE INTERNATI ONAL REGISTRATION OF A MARK 
Article 65 
 
(1)  For the purposes of international registrati ons of marks under the Madrid Agreement and the 
Protocol, the publication of the application pr escribed in Article 25 of this Act shall be 
replaced by the publication in the official gazette of international registrations of marks 
published by the International Bureau (hereina fter: 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 wh ich 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 Agreemen t or the Protocol, shall send to the holder of 
the international registration of a mark a notifi cation of provisional refusal on the basis of the 
opposition and shall invite him to appoint a repr esentative 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 representative afte r filing of the power of attorney. The time 
limit for submitting the observations on the opposit ion 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 INT ERNATIONAL 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 initiate d, for the purposes of proving the use of a mark, the 
date of the registration shall be considered to be the date on whic h the period according to Article 5 
paragraph (2) of the Madrid Agreement or Article 5 paragraph (2) subparagra ph (a) of the Protocol 
expired or, if the granting or opposition procedures ha ve 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 internati onal 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 the copy of the request by the representative. 
 (4)  On request, the time limit laid down in para graph (3) of this Article  may be extended for not 
more than 60 days. IP/N/1/HRV/T/2 
Page 28  
 
   
(5)  In the procedure for revocation of an intern ational registration of a mark, for the purposes of 
proving the use of a mark, the date of registrati on 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 sha ll 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 re jected, and in the case of non-payment of the 
appropriate fee or procedural charges for the 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 be en 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 af ter the prescribed fee and procedural charges have 
been paid, the Office shall issue the extract a nd the printout from the trademark register.  
 
OFFICIAL GAZETTE 
Article 72 
 
The Office shall publish the official gazette cont aining all the data the publication of which is 
prescribed by this Act and the Regulations.  
  IP/N/1/HRV/T/2 
 Page 29 
 
 
  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 ha ving effect in the Republic of Croatia.  
 
REPRESENTATION BEFORE THE OFFICE 
Article 74 
 
(1)  Natural or legal persons not having a dom icile nor a real and effective industrial or 
commercial principle place of business in the Re public of Croatia may exercise rights arising 
from this Act in the procedures before the O ffice only through authorized representatives. 
 (2)  General principles of representation, and sp ecial conditions under which the persons specified 
in paragraph (1) of this Article may exercise ri ghts arising from this Act shall be regulated by 
special regulations.  
  
XI. CIVIL PROTECTION  
 
ACTION CONCERNING THE IN FRINGEMENT OF RIGHTS 
Article 75 
 
(1)  The holder of a trademark, if his rights referre d to in Article 7 of this Act have been infringed 
or threatened to be infringed, may, by institu ting 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 th e 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 th e 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. 
 IP/N/1/HRV/T/2 
Page 30  
 
  (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, a nd 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 th e 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.  
 
  IP/N/1/HRV/T/2 
 Page 31 
 
 
  XII. PROVISIONS CONCERNING MISDEMEANOURS 
Article 80 
 
(1)  Any legal person who uses somebody else's trad emark, 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 busin ess 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 misd emeanor referred to in paragraph (1) of this 
Article by a fine amounting from HRK 2.000,00 up to 8.000,00. 
 (3)  The responsible person in the legal person sha ll be punished for a misd emeanor 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, a nd 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 file d before the day the application of this Act 
starts, which are pending on the day the applicati on 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 
application for the registration of a trademark which are pending on the day the application of 
this Act starts, shall be carried out in complia nce 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 appli cation 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 paragra ph (3); Article 21 paragraph (1); Article 25 
paragraph (2); Article 27 paragraph (4); Article 33 paragraph (3); Ar ticle 34 paragraph (2); Article 35 
paragraph (2); Article 37 paragraph (3); Article 38 paragraph (4); Ar ticle 39 paragraph (8); Article 40 IP/N/1/HRV/T/2 
Page 32  
 
  paragraph (4); Article 44 paragraph (8); Article 46 paragraph (4); Ar ticle 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 Offi ce 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 pr ovisions 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/2 
 Page 33 
 
 
   
THE 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 th e Republic of Croatia, the exclusive rights conferred 
by the trademark in respect to such a product, unle ss 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 tr ademark to oppose further commercialization of the 
product shall exist, especially where the condition 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 i ssued 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 administ rative 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 th e Board of Appeal in the second instance may be 
subject to administrative disputes, in accordan ce 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 regist er 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 entr y of the levy of execution in the register."  
 IP/N/1/HRV/T/2 
Page 34  
 
  Article 5 
 
In Article 49, paragraph (1) is deleted.   The former paragraphs (2), (3), (4), (5), (6), (7) an d (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 defi ned 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.  
 
EXTENSION OF EFFECTS OF A COMMUNITY TRADE MARK 
Article 67b 
 
The effects of applications for a Community trad e mark filed and Community trade marks acquired 
before the day of the acceptance 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 tradem ark applications which are filed, as well as national trademarks 
which are acquired on such applications after the da y 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 sha ll 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 Communi ty trade mark fails to fulfill the conditions of 
use provided for in Article 15 of the Regulation on the Community trade mark.   IP/N/1/HRV/T/2 
 Page 35 
 
 
  FORWARDING OF AN APPLICATION FOR A COMMUNITY TRADE MARK 
Article 67d 
 
If an application for a Community trade mark has b een 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 conversio n 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 Artic le. 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 acco rdance with the provisions of this Act. 
 (5) The fees and procedural charges for the registra tion 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 a nd 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 cl aimed 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/2 
Page 36  
 
  PROHIBITION 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 Cr oatia into the full membership of the European Union, the holder 
of such national trademark may institute a legal ac tion, 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 Cr oatia. The plaintiff shall prove that the Community 
trade mark conflicts with his/her national trademark. 
 (2) If a Community trade mark referred to in Ar ticle 67b of this Act could have been refused 
registration on any of the absolute grounds referred to  in Article 5 of this Ac t, or could have been 
declared to be invalid on the groun ds referred to in Article  49, paragraph (2) of th is 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. Th e 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 Cour t 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 ad versely affected by the decisions of the Office issued in the first 
instance shall have the right to file an appeal w ithin 30 days from the day of the communication of the 
decision.  (2) Other parties to the procedure terminated by a d ecision appealed shall have the right to be parties 
to the appeal procedure.   IP/N/1/HRV/T/2 
 Page 37 
 
 
   
CONTENT OF AN APPEAL 
Article 74b 
 
In addition to the indications, which shall be contained in any communica tion, 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 d ecisions 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 pr oceedings at least 45 days before it takes place.  
 
BOARDS 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 re presentation, and, apart from her/him by the holder 
of the exclusive license, to the ex tent 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"   IP/N/1/HRV/T/2 
Page 38  
 
  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 th e acts referred to in Ar ticle 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 th e acts referred to in Ar ticle 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 le gal 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 prohi bition of the infringement of the trademark. 
 
(4) The claims referred to in paragraphs (1), (2) an d (3) of this Article may also be made against a 
person who in the course of her/his economic activiti es 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 le gal action against any person who has infringed a 
trademark by performing without authorization any of th e acts referred to in Ar ticle 7, paragraphs (2) 
and (3) of this Act, claiming that the products in fringing 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 paragr aph (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 le gal 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 dama ges pursuant to the general rules on the legal redress laid down in 
the Obligations Act.  IP/N/1/HRV/T/2 
 Page 39 
 
 
  (2) The holder of a trademark may institute a le gal 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 lega l action against any person who has infringed a 
trademark by performing without authorization any of th e acts referred to in Ar ticle 7, paragraphs (2) 
and (3) of this Act, without having basis for it in any legal transaction, court decision or the law, and has benefited from it, claiming the recovery or comp ensation 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 fina l judgment even partially upholding the claim for 
protection of the trademark in the case of in fringement is published in the means of public 
communication at the expense of the defendant. The c ourt 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 deci des that only a part of the judgment shall be 
published, it shall order, within the limits of the clai m, that at least the dispositive part of it and, if 
necessary, the part of the judgment specifying th e 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 civ il 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 economi c activities, services suspected of infringing a 
trademark;  - persons who provide, within their economic activ ities, services used in th e activities suspected of 
infringing a trademark;  IP/N/1/HRV/T/2 
Page 40  
 
  - 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 th e 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 th e defendant is also included in the main claim. 
 
(4) The claim for information on the origin of th e 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 produ cers, 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, r eceived or ordered, as well as the price obtained 
for the goods or services concerned.  (5) The person required to provide the information re ferred to in this Article may refuse to provide 
such information on the same grounds as those allo wing the refusal to present evidence as a witness 
pursuant to the provisions of the Act on Civil Pro ceedings. 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 pro ceedings, the provisions regulating the responsibility 
for misuse of the right to acquire informati on, and the provisions re gulating the processing and 
protection of personal data.  (7) The provisions of this Article shall be without  prejudice to the provisions of Articles 79c and 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 wh o 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 ser vices 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 trademar k 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 threat ened 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 di rectly related to the infringement, including the 
blocking of his bank accounts and other assets.  
(3) For the purpose of ordering and eforcing the prov isional measure referred to in paragraph (2) of 
this Article, the court may require from the opposing pa rty or other relevant pe rsons disposing with it, 
the communication of the banking, financial and othe r 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.  IP/N/1/HRV/T/2 
 Page 41 
 
 
   
(4) The provisional measure referred to in paragr aph (1) of this Article may be ordered without 
informing the opposing party thereof, if the appli cant 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 measu res 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 provis ional 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 be fore the institution of a legal action, the period, 
within which the applicant for m easures shall institute a legal acti on 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 applican t for measures, whichever expires later. 
 (6) The provisions of the Execution Act shall a pply to matters, not regulated by this Article. 
 (7) The provisions of this Article shall be wit hout 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 trademar k 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 paragr aph (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 trademark and th e documentation relating thereto. 
 
(3) The provisional measure referred to in this Ar ticle 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 incu rring. 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 in stitution of a legal action, the period, within which 
the applicant for measures shall institute a legal ac tion 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 a pply to matters, not regulated by this Article. 
 IP/N/1/HRV/T/2 
Page 42  
 
  (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 inv okes 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 s cale for the purpose of acquiring commercial or 
economic benefit, and has make it likely duri ng 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 co ntrol, 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 evid ence, 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 re lating to the right of refusal to present evidence 
as a witness shall apply mutatis mutandis to the ri ght of the party to re fuse to present evidence. 
 (5) The court shall, taking into consideration all the circumstances of the case, decide at its own discretion, on the importance of the fact that the pa rty having the 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 pa ragraphs (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 th e rights under this Act shall be expeditious. 
 
(2) The provisions of the Act on Civil Proceedings, a nd 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 par ties to the procedure concerning the infringement of 
a trademark, the Office or the Board of Appeal, r espectively, 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 proceedin gs. 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 d ecision 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/2 
 Page 43 
 
 
  "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 th e packaging thereof, offers the goods designated 
by such a sign, puts them on the market or stoc ks them for such purposes, imports or exports the 
goods designated by such a sign, uses such a si gn 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 selfemp loyed person, respectively, shall be punished for 
the misdemeanor, referred to in pa ragraph (1) of this Article, by a fine amounting from HRK 5 000.00 
to 50 000.00, where the misdemeanor has been commi tted in the performance of her/his activities as a 
craftsman or other self-employed person, respectively."  
 
In the former paragraph (4), which becomes para graph (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 accord ance 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 sam e statement of reasons as are those contained in 
the legal action, where an appeal against such ad ministrative 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 pursuan t to the provisions of the Act on Administrative 
Disputes."   
Article 16 
 
The procedures concerning the protection of a tradem ark in the case of infringement, pending on the 
date of the entry into force of this Act, shall be completed in accordance w ith 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 Tr ademarks 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.  IP/N/1/HRV/T/2 
Page 44  
 
  Article 18 
 
This Act shall enter into force on the eight day foll owing the day of its publication in the Official 
Gazette, with the exception of Articles 2 and 7 ther eof, 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/2 
 Page 45 
 
 
   
THE ACT ON AMENDMENTS TO THE TRADEMARK ACT 
 
Article 1 
 In the Trademarks Act (OG 173/03 and 76/07) in Artic le 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 registra tion of a designation of origin or a geographical 
indication within the scope provided by legislati on, by virtue of which such designations are 
registered, and which refer to the same type of products and services".  
 
Article 2 
 
In Article 6, paragraph (8) is added to read:   "(8) Upon an opposition as filed, a sign shall not be  registered in the name of a trade agent or 
representative of a trademark holder without his aut horisation, unless a trade agent or representative 
justifies his action".   
Article 3 
 In Article 25, paragraph (1) is amended to read:  
 "(1) If all the requirements set out in Article 21, pa ragraph (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 Croatia n Intellectual Property Gazette " (hereinafter: the 
Office official gazette)".  
 
Article 4 
 
In Article 27, paragraph (1),  item 5 is added to read:  
 
"5. the holder of an earlier trademark within the m eaning of Article 6, paragraph (8) of this Act".  
 
Article 5 
 
In Article 35, paragraph (1), the words: "not la ter than within three months from the date of 
publication of the trademark", are replaced by the words: "after the publication of a registered 
trademark".  
 IP/N/1/HRV/T/2 
Page 46  
 
  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 th e holder of a trademark has failed to comply with 
a time limit for an act in a procedure before the O ffice, 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 trad emark 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 f iled within two months from the day on which he 
learned about the legal consequences referre d 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 proce dural 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 pro cessing 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,  
5. for filing a request for restitutio in integr um pursuant to the provisions of the Act on 
General Administrative Proceedings,  6. for all the acts in the procedures be fore the Office involving several parties. 
 (5) If the Office complies with the requirement refe rred 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 case of a trademark transfer in respect of some of the products and/or services only, for which 
the trademark is registered, such registration sha ll 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).  
  IP/N/1/HRV/T/2 
 Page 47 
 
 
  Article 8 
 
In Article 49, paragraph (2), item 4, after the words: "of the Act" a full stop is replaced by a comma, 
and item 5 is added to read: 
 
"5. on request of the holder of the earlier trademark re ferred to in Article 6, paragraph (8) of this Act".  
 
After paragraph (2), a new para graph (3) is added to read:  
 "(3) The procedure for a declaration that a trademar k 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 a pplication for the registration of such trademark.  
 The former paragraphs (3) and (4) become paragraphs (4) and (5).  
 In the former paragraph (5), which becomes paragra ph (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" are replaced by numbers: 2, 3, 4, 5, 6 and 8".  
 
Article 10 
 
In Article 51, paragraph (4), the words: "paragraph (3)" are replaced by th e words: "paragraphs (2) 
and (3)".   
Article 11 
 
Article 54 is amended to read:  
 "Any sign within the meaning of Article 2 of this Act, which is intended to designate the quality, 
origin, manner of production, or other common ch aracteristics 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 au thorize and supervise such use in respect of 
entrepreneurs who have the authorization to u se a guarantee mark pursuant to the Contract on a 
Guarantee Mark".  
 
Article 12 
 
After Article 63, a new heading 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 registra tion from the International 
Register all the requirements, laid down under the Pr otocol, 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. IP/N/1/HRV/T/2 
Page 48  
 
   
(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 th e international registration from the International 
Register, in respect of which the procedures and measures are taken before the Office, and are pending on or before the day of filing a request fo r conversion (transformatio n), are deemed to be 
integral parts of the procedure for a national tradem ark application, in compliance with the provision 
of this Act.  
 (4) The date of the international trademark regist ration for which the extension of protection to the 
territory of the Republic of Croatia is requested, sh all be taken as the date of the national trademark 
application referred to in paragraph (3) of th is Article, resulting from a request for conversion 
(transformation)".  
 
Article 13 
 
The heading 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 inte rnational 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, th e date of the expiry of a one-year period running 
from the day following the date of notification comm unicated by the International Bureau concerning 
the request for the extension of protection of the inte rnational 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 th is 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 th e 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 Comm unity trademark shall be an earlier trademark" are 
replaced by the words: "an application for a Comm unity trademark and a Community trademark shall 
be earlier trademarks"    IP/N/1/HRV/T/2 
 Page 49 
 
 
  Article 16 
 
The heading above Article 67e is amended to read:   "CONVERSION OF A COMMUNITY TRADEMARK APPLICATION AND A COMMUNITY 
TRADEMARK INTO A NATIONAL TRADEMARK APPLICATION".  
 Article 67e is amended to read:   "(1) Upon a request for conversion of a Comm unity trademark application, or a Community 
trademark, respectively, into a national trademar k application, filed pursuant to the provision of 
Article 109, paragraph (3) of the Regulation on th e 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 fo r the registration referred to in paragraph (1) of 
this Article shall be paid in accordance with th e provisions of this Ac t 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 langua ge, 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 th e Regulation on the Community trade mark".  
 
Article 17 
 In Article 67g, paragra ph (2) is deleted.  
 
Article 18 
 
This Act shall enter into force on the eighth da y following day of the publication thereof in the 
"Official Gazette". 
 
 
__________