LOCATIONS

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Filing a National Phase of PCT Application – Requirements
• Time limits for filing a National phase of PCT Application
• Registration Procedure
• Duration
• Extension of validity of the European Patents
• Filing of SPC Application
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Conventions

• WIPO Convention
• Paris Convention
• WTO TRIPS Agreement
• Madrid Agreement
• Singapore Treaty on the Law of Trademarks
• Trademark Law Treaty
• PCT Convention
• Patent Law Treaty
• European Patent Convention
• Budapest Treaty
• Hague Agreement
• Lisbon Agreement
• Locarno Agreement
• Nice Agreement
• Vienna Agreement
• Trademark Act entered into force on 15 February 2019
• Patent Act entered into force on 20 February 2020
• Industrial Design Act entered into force on 1 January 2004 with the last amendment on 26 May 2018
• Copyright and related Rights Law entered into force on 22 October 2021 (certain amendments with a delayed entering into force by January 1, 2023 the latest)
• Act on Geographical Indications and Designations of Origin of Products and Services entered into force on 1 January 2004 with the last amendment on 26 May 2018
• Act on the Protection of Topographies of Semiconductor Product entered into force on 1 January 2004 with the last amendment on 26 May 2018
• Council Regulation (EC) no. 207/2009 of 26 February 2009 on Community trademarks
• Council Regulation (EC) no. 6/2002 of 12 December 2001 on Community designs

Trademarks

Filing the Application – Requirements

• Name and address of the Applicant;
• Representation of the Mark (in high resolution, min 300 DPI);
• List of Goods and Services according to Nice Classification 12^thEdition (Classes 1-45);
• Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date;
• Power of Attorney in original simply signed by the Applicant, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO. This term is non-extendable.

Registration Procedure

• The Application is filed with and examined by the State Intellectual Property Office;
• The Intellectual Property Office examines absolute grounds for refusal;
• The registration procedure takes approximately eight to ten months from the application date;

Opposition

• Trademark Applications are published in the Official Gazette. Opposition against a Trademark Application can be filed within three months from the publication date

Duration

• Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date;
• Upon payment of renewal fees, the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period or in the grace period up to six months after the expiration date with a surcharge of 100% of the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO;
• Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature. As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted. Signatures in counterpart are allowed.

Change of Name Requirements

• Power of Attorney indicating the new name, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Change of Address Requirements

• Power of Attorney indicating the new address, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Patents

Filing a Conventional Application – Requirements

• Name and address of the Applicant;
• Name of the Invention;
• Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
• Priority date, country and number;
• Description of Patent;
• Patent Claims;
• Drawings (if any);
• Abstract – summary of the invention;
• Power of Attorney simply signed by the Applicant – can be submitted subsequently, within two months from notification issued by the SIPO. This term is non-extendable;
• Priority document – can be submitted subsequently, within two months from the Application date;
• The Application is to be filed within one year from the priority date;
• Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

• Name and address of the Applicant;
• Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
• Description of Patent;
• Patent Claims;
• Drawings (if any);
• Abstract – summary of the invention;
• Priority date, country and number;
• International Search report;
• International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty;
• PCT Request;
• PCT Publication page;
• Power of Attorney simply signed by the Applicant – can be submitted within two months from notification issued by the SIPO. This term in non-extendable.
• Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

• The Application is to be filed with the Office within 31 months from the Priority Application date.

Registration Procedure

• Applications are published in the Official Gazette. Six months after publication one of the following claims should be filed with the Croatian Intellectual Property Office:

1. Claim for substantive examination of the Patent Application;
2. b) Claim for examination of the Patent Application based on the Patent granted for the same invention by the institution bearing the status of the International authority for evaluating patents; or
3. c) Claim for the granting of the Patent without substantive examination.

Duration

• 20 years from the application date for conventional Patents;
• 20 years from the International filing date for the National Phase of PCT patents;
• petty patent is valid for 10 years from the application date;
• protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after expiration of the protection period at the latest, with a 100% fine.

Validation of the European Patent – requirements: Croatia become a member state of EPO on 1 January 2008

• European Patent Application filed after 1 April 2004 and designating Croatia;
• Name and address of the Applicant;
• Application date and number of the European Patent Application;
• Registration date and number of the European Patent Application;
• Translation of the Patent claims into Croatian. If the EP Application is originally filed in French or German, the English translation of the patent’s description and claims is required;
• Power of Attorney – simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Time limits for filing the Application for validation of the European Patent

• The Application for validation of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent.

Filing of SPC Application – Requirements

• European Marketing Authorization with translation into Croatian (any annexes that are not in English, must also be translated into Croatian);
• Power of Attorney – simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO;
• Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature. As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted. Signatures in counterpart are allowed.

Change of Name Requirements

• Power of Attorney indicating the new name, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Change of Address Requirements

• Power of Attorney indicating the new address, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Industrial Design

Filing the Application – Requirements

• Name and address of the Applicant;
• Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
• Information regarding the number of external shapes the protection is requested for;
• A presentation of the shape for which being the subject of protection is sought (photograph or a graphic presentation of the product for which protection is requested);
• Indication of the product into which the design is intended to be incorporated or to which it is intended to be applied;
• Information identifying the duly authorised representative with power of attorney if the applicant has appointed one;
• Information identifying the common representative, if a joint application has been filed;
• Power of Attorney simply signed by the Applicant – can be submitted within two months from notification issued by the SIPO. This term is non-extendable.

Registration Procedure

• The Office performs the formal examination of applications. If the application meets the prescribed formal requirements and the first five-year protection fee is paid, the Office will issue the Decision to grant;
• The fees for each subsequent five years are payable during the last year of the previous protection period or up to six months after the expiration of the fifth year with a 100% fine.

Duration

• 25 years from the Application Date

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO;
• Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature. As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted. Signatures in counterpart are allowed.

Change of Name Requirements

• Power of Attorney indicating the new name, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Change of Address Requirements

• Power of Attorney indicating the new address, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.