Original scientific paper

TRADEMARKS SUBJECT TO EXECUTION – BRIDGING THE UNDERREGULATION

Romana Matanovac Vučković ; Pravni fakultet Sveučilišta u Zagrebu
Hano Ernst ; Pravni fakultet Sveučilišta u Zagrebu

Abstract

Both national trademarks and trademarks acquired by international registration which is of legal effect on the Croatian territory, can be subject to execution. Execution on trademarks which produce legal effects in Croatia can be conducted exclusively by Croatian courts applying Croatian law. However, after the Croatian accession to the European Union, the Union trademark will also be available as an enforcement object according to the Croatian law in cases where there is competence of a Croatian court rendering the Croatian law applicable.

Execution on trademarks is effectuated by serving the writ of execution to the debtor, prohibiting him or her from disposing of the trademark. By the same act, the creditor also acquires a lien. The registration of the enforcement in the register does not create a lien. Furthermore, from the registration of the fact that enforcement proceedings have been initiated, third parties are indirectly notified that it is possible that there is a lien encumbering the trademark subject to pending execution.

Rules on the liquidation of movable property may be applied accordingly to the sale of a trademark. A special feature concerning movables is the fact that the procedure for determining the value of the trademark as an object of enforcement is very complex with respect to the applicable methods for determining its commercial value.

Keywords

trademark; enforcement; trademarks subject to execution

Hrčak ID:

116284

URI

https://hrcak.srce.hr/116284

Publication date:

12.4.2013.

Article data in other languages: croatian

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