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4th LIAISON MEETING ON TRADEMARKS BETWEEN OHIM AND EXPERTS FROM THE NATIONAL OFFICES

4th LIAISON MEETING ON TRADEMARKS BETWEEN OHIM AND EXPERTS FROM THE NATIONAL OFFICES ( Alicante, 11-12 June 2009) REPRESENTATION OF SOUND MARKS Presented by: EMIR TETARIC Head of Substantive Trademark Examination Section. LEGAL FRAMEWORK. Trademark Act

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4th LIAISON MEETING ON TRADEMARKS BETWEEN OHIM AND EXPERTS FROM THE NATIONAL OFFICES

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  1. 4th LIAISON MEETING ON TRADEMARKS BETWEEN OHIM AND EXPERTS FROM THE NATIONAL OFFICES (Alicante, 11-12 June 2009) REPRESENTATION OF SOUND MARKS Presented by: EMIR TETARIC Head of Substantive Trademark Examination Section

  2. LEGAL FRAMEWORK Trademark Act (Official Gazette of the Republic of Croatia: 173/03, 76/07 and 30/09) SIGNS WHICH CAN BE PROTECTED AS TRADEMARKS Article 2 Any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, three-dimensional forms, colours, as well as the combinations of all the above indicated signs, may be protected as a trademark, provided that such signs are capable of distinguishing the goods or services of one undertaking from goods or services of another undertaking.

  3. INTERNATIONAL REGISTRATION Chronology- sound marks • Before 2007 • No registered sound marks in Croatia • No possibility of protection under Croatian practice and Law. • Graphical representation of the sound mark in musical notation- not accepted • All sound marks applied through the Madrid system in musical notation – refused(notconsidered assufficient graphical representationunder Article2 of the Trademark Act) DECIDED CASE: IR 753 244 Classes. 29,30,35,39 REFUSED

  4. INTERNATIONAL REGISTRATION Chronology- sound marks • After 2007 • Change of practice • Graphical representation of sound mark in musical notation- accepted under Article 2 of the Trademark Act • Only traditional musical notation on a stave - accepted • Frequency oscilograms and sonograms- would not be accepted DECIDED CASE: IR 881 231 Class: 36 ACCEPTED

  5. NATIONAL REGISTRATION • 2007 • Possibility of national registration of sound marks under Article 7 of the Trademark Regulations • Graphical representation of non-conventional trademarks • Sieckmann case (C-273/00) • No sound mark applications Other types of signs (1) If the application requests the registration of another type of a sign, the application shall state the type of the sign. (2) Depending on the type of the sign for which the registration is requested by theapplication,theapplication shall be accompanied by a graphical representation of a sign, which is clear, precise, self-contained, easily available, durable and objective. (Article 7, Trademark Regulations“Official Gazette”, No: 117/07 of 14 November 2007)

  6. TRADEMARK APPLICATION FORM - National registration

  7. PRIORITY DOCUMENTS (sound marks) NATIONALREGISTRATION • No similar cases in Croatia • No possibility of electronic filling • Priority documents accepted (in Croatia priority must refer to the same mark) • Conditions prescribed by the Trademark Act within the meaning of the Article 4 of the Paris Convention, regardless of the type of the mark EXAMPLE: • If priority of a sound mark is claimed in the form of sonogram priority documents would be accepted • A sound mark in the form of sonogram would be refused (such representation doesn’t fulfill the criteria of graphical representation under Article 2 of the Trademark Act)

  8. Thank you for your attention!

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