THE TERMS OF PROTECTION IN CONTEMPORARY
CROATIAN TRADEMATK LAW Cover Image

UVJETI ZAŠTITE U SUVREMENOM HRVATSKOM ŽIGOVNOM PRAVU
THE TERMS OF PROTECTION IN CONTEMPORARY CROATIAN TRADEMATK LAW

Author(s): Dragan Zlatović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Нишу
Keywords: trade mark; registration; apsolute grounds for refusal; relative grounds for refusal; earlier marks

Summary/Abstract: New croatian Trademark Law defines a trade mark as any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. The basic of the european law and new croatian law is that any sign which is de facto operating as a trade mark in the market place, that is, acting as an indicator of origin, can be registered, although there are some signs which, on public interest ground, should not be registrable at all or should be registrable only in certain limited circumstances. There are apsolute grounds for refusal of registration because it is the nature of the mark itself which renders it inappropriate for registration, not the mark's relationship with other marks as in the relative grounds for refusal. This latter category are termed «relative» since the mark will be refused registration, not because of any quality intrinsic to itself, but because it conflicts with an earlier trade mark or right.

  • Issue Year: LI/2008
  • Issue No: 51
  • Page Range: 136-174
  • Page Count: 40
  • Language: Serbian