Recent Developments in Croatia and India
24 July 2013
Practice at the Community Trade Marks (CTM) Office
All existing Community Trade Marks registered or applied for at the CTM Office before 1 July 2013 will automatically extend to Croatia. New Community Trade Mark applications filed at the CTM Office on or after 1 July 2013 will automatically include Croatia, and such applications can be filed in the Croatian language.
Existing Community Trade Mark registrations cannot be invalidated on the basis of pre-existing rights in Croatia. However, Community Trade Mark applications filed between 1 January 2013 and 30 June 2013 may be subject to opposition based on earlier national Croatian rights (provided those Croatian national rights are held in good faith).
The use in Croatia after 1 July 2013 of a trade mark that is protected by an extended Community Trade Mark (i.e. a registration that now extends to Croatia) could be challenged by the owners of a pre-existing Croatian right.
If you plan to use a trade mark in Croatia, we strongly recommend that a search of the Croatian Trade Marks Register (and International Register, designating Croatia) be conducted to ensure that such use will not infringe existing Croatian registrations. If the searches prove clear then registration can be considered.
Changes in Indian law and practice
India joined the Madrid Protocol concerning the International Registration of Trade Marks on 8 July 2013. The Madrid Protocol system is a cost-effective way of obtaining protection in India and in the other 89 other member countries that are party to it.
India can be designated as part of a new Madrid Protocol Registration or, alternatively, registration can be sought by designating India as a subsequent designation on an existing Madrid Protocol registration.
The cost of filing an application in India is approximately £190 for the first class, and approximately £125 for each additional class.
Trade Mark Searches - India
If you are interested in seeking trade mark protection, and are not yet using your trade mark in India, we strongly recommend that an availability search is conducted prior to seeking protection in India. An availability search will reveal whether you are free to use and register your trade mark, i.e. that you are not infringing any third party trade mark registrations.
If this is of interest to you, please contact us so that we can provide you with an estimated cost to search your trade mark in India, in relation to the goods/services of interest.
If India is a country of interest to your business, then you may wish to consider filing a new Madrid Protocol Registration designating India or extending an existing Madrid Protocol registration to cover India. If you would like further details of the member countries or how the Madrid Protocol registration system operates, please let us know.
Please use the links below to contact us for further information.