Company and company protection

COMPANY AND COMPANY PROTECTION

The company is the name under which the trading company operates and under which it participates in legal transactions.
The trading company's company must be clearly distinguished from the company of another trader based in the Republic of Croatia.
The name of a trading company is determined by the company's founding statement or by the social contract, i.e. by the company's statute.
The name of the trading company is changed in the manner determined by the statement of incorporation of the company or the social contract, i.e. the statute of the company.
The company's name and all its changes are registered in the court register.
The application for registration of a change of company in the court register is submitted by the management of the company, i.e. the members who manage the company.

Company and changes in commercial society

The trading company continues to operate without changing the company, despite the departure of some members from the company or the joining of new members to the company.
The trading company continues to operate without changing the company and if a member of the company whose name or company is included in the company's company, changes his name or company.
In case of withdrawal from the company or death of a member of the company whose name is included in the company, the trading company can continue to operate under the same company, if that company member gives his consent, and if he has died, his heirs.
The label "in bankruptcy" or "in liquidation" is added to a company that is in bankruptcy or in liquidation, and thus it is entered in the court register.

Company name

The indication of the company name of the trading company must be in the Croatian language and the Latin script or in the official language of a member state of the European Union and the Latin script, and Arabic numerals can also be used. Other components of the company must be in the Croatian language and Latin script.
The company can be registered in the court register and translated into one or more languages.
The court will refuse the entry in the court register of a company that does not comply with the provisions of the Companies Act.
A company that is the same as a previously registered company or a company that does not clearly differ from a previously registered company cannot be registered in the court register. The court takes care of it ex officio.
The branch company must include an addendum ensuring that it is clearly distinguishable from an already registered company.
If the same company or companies that are not clearly different from each other are registered with the court for registration in the court register, the court will register the company that was registered earlier.

Protection of the rights of the owner of the previous company

A merchant who, by using or registering the same or a similar company, which is registered in the court register of the same or another court, violates his rights or threatens his position in the market competition, can demand with a lawsuit that the other person stop using that company, that the company of that other person to be deleted from the court register, and to obligate her to compensate the damage caused by the use of the company.
The lawsuit is submitted to the court that maintains the court register in which the other person's company is registered, and can be filed within three years from the registration of the other company in the court register.
Regardless of the above, the trader can protect his rights regarding the use and registration of the company on the basis of regulations on the protection of market competition and other regulations on the protection of intellectual and industrial property.