Trademark Registration and Refusal Grounds in Croatia: Key Criteria and Opposition Procedures

At a Glance: Trademark Registration and Protection in Croatia

This article provides an overview of trademark registration in Croatia, outlining what types of marks are eligible for protection, the absolute and relative grounds for refusal, and the procedures for opposition. It offers practical guidance for applicants seeking to secure trademark rights in compliance with Croatian and EU regulations.

What Can and Cannot Be Registered as a Trademark

• The registration of a trademark in Croatia may be refused on absolute or relative grounds. The Croatian Intellectual Property Office (SIPO) examines absolute grounds automatically upon receiving an application, while relative grounds are only assessed if an interested party files an opposition.
• The absolute grounds for refusal include the following:
  • The mark is incapable of distinguishing one company’s goods or services from those of another, or cannot be represented in a manner that clearly defines the scope of protection for the rights holder;
  • The mark lacks distinctiveness;
  • The mark consists solely of signs or indications commonly used in trade to describe the type, quality, quantity, purpose, value, geographical origin, or production time of goods or services, or other characteristics thereof;
  • The mark consists solely of signs or expressions that have become customary in everyday language or in bona fide and established business practices;

The mark is made up exclusively of:

• shapes or other characteristics resulting from the nature of the product itself;
• shapes or other characteristics of the product necessary to obtain a technical result; or
• shapes or other characteristics giving substantial value to the product;
• Marks that are contrary to public order or accepted principles of morality;
• Marks that may deceive the public, particularly as to the nature, quality, or geographical origin of goods or services;
• Marks lacking authorization from relevant authorities and therefore subject to refusal under Article 6ter of the Paris Convention;
• Marks not falling under Article 6ter of the Paris Convention but containing (or imitating) the name, abbreviation, coat of arms, emblem, flag, or other official symbols of the Republic of Croatia or any of its administrative regions, unless prior approval from the competent Croatian authority has been obtained;
• Marks excluded from registration under EU regulations, Croatian law, or international treaties to which the EU or Croatia is a party, concerning the protection of designations of origin and geographical indications;
• Marks prohibited from registration under EU rules or international agreements safeguarding traditional wine terms;
• Marks prohibited from registration under EU or international provisions protecting guaranteed traditional specialities.

As previously noted, relative grounds for refusal are reviewed only if an opposition has been filed.

Filing of Oppositions:

The owner of an earlier trademark may oppose a new application on the following bases:

• When the new mark is identical to a prior mark and covers identical goods or services;
• When, due to the identity or similarity of the marks and the identity or similarity of the goods or services, there is a likelihood of confusion among the public in Croatia, including the likelihood of an association with the earlier mark;
• When the new mark is identical or similar to an earlier one - regardless of whether the goods or services are similar - if the earlier mark enjoys a reputation in Croatia, and use of the later mark without legitimate reason would unfairly exploit or damage the distinctive character or reputation of the earlier mark.