Yes. Denmark is a member of the international treaty, Madrid Protocol.
The first-to-use rule applies in Denmark. Trademark owners are not mandated to undergo registration to secure ownership rights.
Period statements of use are not required.
The opposition period will start on the date the registration is published in the Danish Trademarks Gazette and will end two months after that date.
Yes. Owners of a registered mark in Denmark will obtain the following rights:
- Exclusive rights to use the mark
- Right to object to conflicting applications filed at a later date
- Right to request for a subsequent conflicting application to be cancelled
- Right to file an infringement case against parties that imitate the mark and the right to receive damages
- Right to authorize or license other businesses to use the mark
Yes. Cancellation of an already registered mark is still possible on the following grounds:
- Mark is descriptive, functional, non-distinctive, misleading and / or generic
- Rights under Article 8, Article 6septies, Article 6ter, and Article 6bis of the Paris Convention are violated
- Rights in a personal name and/or registered design are violated
- Mark consists of a geographical indication
- Mark includes protected badge or emblem
- Mark was registered in bad faith
- Mark is banned by Danish law
Anyone or any interested party may challenge your registration.
The following are grounds for an application to be challenged:
- Breach of copyright
- Proprietary right
- Violation of rights in a registered design, personal name and/or company name
- Use of protected emblems or insignia without approval from authorities
- Mark is descriptive, non-distinctive, misleading and/or deceptive
- Violation of rights under Article 6bis, Article 6septies and Article 8 of the Paris Convention
No. This jurisdiction does not require applicants to use or intend to use the mark before registration.
Denmark’s trademark office is accessible online at http://www.dkpto.dk/