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Croatia
Trademark opposition acceptance agency
Croatia implements the EU standard jurisdiction system:
1. Administrative supervisory authority
Objection Office of the Croatian Intellectual Property Office (DZIV):Responsible for formal review, evidence review, and preliminary ruling
Industrial Property Committee:Composed of 2 legal experts and 1 technical expert, handling complex case reviews
2. Judicial Authority
Those who are dissatisfied with the administrative ruling can appeal to the Zagreb Commercial Court
The final appeal can be made to the EU Law Chamber of the Supreme Court of Croatia (a specialized intellectual property panel)
Special requirements for agents:
Applicants within the European Union may entrust an EU registered lawyer to represent them
Non EU applicants must submit their applications through members of the Croatian Association of Patent Agents (HUP)
Non Croatian language documents require authentication and translation by the Ministry of Justice (Chinese documents require dual authentication: Embassy of Croatia, Ministry of Foreign Affairs of China)
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Timing of Trademark Objection
Croatia implements EU unification objection period:
1. Official announcement period
After passing the substantive examination, the trademark will be simultaneously announced on the DZIV official website and the EU Trademark Gazette for 3 months
Objection applications must be submitted electronically before the announcement deadline of 24:00 (CET)
2. Supplementary Objection Period
Within 5 years after trademark registration, supplementary objections can be filed based on malicious registration (with an additional fee of 1500 kunas)
3. Balkan Special Rules:
Applicants from the former Yugoslavia region can apply for a 15 day grace period (proof of regional chamber of commerce is required)
The electronic submission system (e-Zig) supports the conversion between Cyrillic and Latin letters
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Basis for Trademark Objection Application
According to Articles 5, 6, and 8 of the Croatian Trademark Law and EU Directive 2015/2436, the statutory grounds for objection include:
(1) Absolutely prohibited reasons
1. Lack of significance
Only composed of generic names or descriptive terms of the product (such as Jadransko Adriatic Sea)
Unauthorized use of EU geographical indications (such as Croatian Dalmatian ham)
2. Violation of public order
Contains national badges, war memorials, or ethnic discrimination content (newly added in 2021)
(2) Relative prohibited reasons
1. Prior conflict of rights
Confusion with registered trademarks in Croatia/EU (Nice Classification 12th edition)
Copy a trademark that enjoys reputation in the European Union (Adriatic market research report is required)
2. Traditional identification rights
Infringement of traditional Croatian product names (such as Licitar Hearts gingerbread)
3. Domain name registration
Registering someone else's trademark as a. hr domain (subject to the 2022 Domain Name Dispute Resolution Rules)
(3) Special protection reasons
1. Cultural heritage identification
Abuse of Croatian cultural heritage elements certified by UNESCO (such as Klapa polyphonic choir)
2. Tourism logo infringement
Unauthorized use of tourism promotional slogans registered with the Croatian Tourism Authority (HTZ)
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Trademark opposition process
Stage 1: Electronic submission (0-7 days)
Submit a statement of objection (in Croatian) through the DZIV electronic platform (e-Zig)
Please attach:
Proof of prior rights authenticated by The Hague
Evidence of actual use of the trademark (including invoice with Croatian OIB tax number)
Adriatic Sea Market Analysis Report (when applicable)
Payment fee: 2500 kunas (approximately 330 euros)
Stage 2: Formal Review (7-20 days)
DZIV will complete the review within 10 working days. Common correction requirements include:
Supplement the commodity circulation certificate issued by the Croatian Chamber of Commerce
Update the certification of the European Bar Association for the power of attorney
Stage 3: Substantive defense (1-3 months)
The opposing party shall submit a defense statement within 30 days (with the option to apply for a 15 day extension)
Simultaneously submit a trademark usage plan (certified by a notary office)
Stage 4: Online hearing (3-6 months)
The Industrial Property Committee held a hearing through Zoom (electronic evidence package needs to be uploaded 7 days in advance)
Both parties shall submit a technical comparison report (not exceeding 40 pages, bilingual version)
Stage 5: Administrative adjudication (6-9 months)
Possible ruling outcome:
Completely revoke the opposed trademark (success rate of 38% in 2023)
Request for additional geographical indications (such as limited to use on the Istrian Peninsula)
Reject the objection application
Stage 6: Judicial relief (9-18 months)
The losing party may appeal to the Zagreb Commercial Court (deadline is 30 days)
The average trial period of the Supreme Court is 12-15 months
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Trademark opposition period
Time optimization tool:
Express Lane:Provide a 6-month accelerated program for small and medium-sized enterprises (annual turnover<1 million euros)
Mediation suspended:Both parties reaching a settlement intention may suspend the procedure (with a maximum freeze of 12 months)
Practical operation suggestions
1. Regional collaborative monitoring
Real time tracking of trademark dynamics in the former Yugoslavia using the EU Trademark Monitoring System (TMview)
Registering a Croatian trademark and applying for a Cyrillic version (covering the Bosnian market)
2. Evidence chain reinforcement
Provide import and export records certified by Croatian customs (including OIB number)
The sales data of Adriatic Sea cruise routes has high evidential power
3. Compliance with cultural heritage regulations
The use of traditional patterns requires obtaining an intangible cultural heritage use permit issued by the Ministry of Culture
Avoid the abuse of Hrvatsko (Croatia's) geographical indication in alcohol trademarks
4. Cost control plan
Apply for subsidies from the European Small and Medium Enterprises Fund (COSME) (covering up to 40% of expenses)
Adopting a segmented payment model (30% for submission, 40% for hearing, and 30% for results)