A recent highlight in local media coverage is the case between Hearst Communications, Inc and Kozmo. Kozmo is a domestic health and beauty chain owned by Konzum, a member of one of the largest corporate groups in the former Yugoslavia, Agrokor.
In 2005, Hearst Communications filed oppositions against each of the two trade mark applications, which sought protection for Kozmo marks covering goods in classes 3, 18 and 21. Hearst is the holder of earlier Croatian trade marks Cosmopolitan and Cosmogirl covering products in class 16 and an international registration for Cosmopolitan covering products in class 9 and services in class 36.
The Croatian version of Cosmopolitan magazine was launched in 1998 and the Hearst opposition claims that by registering a similar mark in classes related to beauty products, Kozmo may inure a benefit by association with its products and the goodwill established by the use of the Cosmopolitan and Cosmogirl trade marks in Croatia as well as the substantial investment of the company in promoting these marks in the territory.
The Croatian State Intellectual Property Office (CSIPO) rejected the opposition. In its opinion, CSIPO explained that Hearst failed to prove that its trade mark is a distinguished mark (well-known). This decision shows that the CSIPO was not of the opinion that the products covered by the Kozmo applications were similar enough to those sold under the Hearst registrations so as to result in consumer confusion.
Subsequently, Hearst filed an appeal against the decision of the SIPO to the Administrative Court, and that case is pending.
 |
| Tamiko Franklin |
Matijevich Law offices
Kurelceva 4
HR – 10000 Zagreb
Croatia
Tel: +385 1 482 8855
Fax: +385 1 482 8866
tfra@amatlaw.com
www.amatlaw.com
