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Filing a trademark application in Croatia – What to consider?

What to consider before filing a trademark application in CroatiaAlways check to see if identical or a similar trademark has already been applied for or registered in respect of Croatia. Croatian State Intellectual Property Office (SIPO) does not perform an ex-officio examination as to earlier rights so it is important to communicate this issue with your trademark attorney.



Can foreign entity act alone before the SIPO?

Foreign natural and legal persons without residence in Croatia shall appoint Croatian trademark attorney to represent him before SIPO.

What are the costs to protect trademark in Croatia?

Croatian State Intellectual Property Office charges the application fee in the amount of approx. 80 € which covers registration for three classes. The registration fee is approx. 200 EUR and after the expiry of 10 years new fee needs to be repaid for validity for next ten years. And the fee for the local trademark attorney shall be added to this amount.

Are all trademarks registrable in Croatia?

The answer is very straightforward, NO. According to Croatian legislation, more precisely to Article 5. of The  Trademark Act, a trademark cannot be registered if it lacks distinctive character. Further, no registration is possible if it is merely descriptive, exclusively the shape of goods or their packaging, misleading, customary in the Croatian language, contrary to public order or morality or it is an official symbol covered by Article 6ter of the Paris Convention. Also, a trademark cannot be registered if it contains a geographical indication for wines or spirits, where the trademark relates to wines or spirits not having this origin.

Is there an alternative to the regular national application in Croatia?

An application for the registration of a trademark in Croatia can also be filed under Madrid Agreement and Madrid Protocol which Croatia is party to. A trademark for Croatia can also be protected via EUIPO (European Intellectual Property Office) as an EU trademark valid throughout the European Union. EU trademarks give protection in all Member States of the European Union.

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