English
The average time frame for the registration approval is 5 months, if no objections or oppositions arise.
The territorial scope of protection is Denmark, Greenland and Faroe Islands.
A scanned Power of Attorney is required.
Yes. Pre-filing use allows the applicant to exhibit the mark’s acquired distinctiveness and overcome challenges on the ground of non-distinctiveness.
Yes. The consequence of not using your trademark is cancellation of registration.
An applicant may register any mark that is possible to replicate graphically and any mark that can differentiate a product/service from its counterparts.
- Words
- Slogans
- Sounds
- Motions
- Holograms
- Trade dress
- Smell
- Names (may have problems with peculiar surnames)
- Colours
- Shapes (must be 3-dimensional)
The sequence of the application procedure is as follows: examination, registration and publication.
- Examination – The trademark office authorities will examine some elements of the application: clarity, classification, formality, descriptiveness, conflicts, deceptiveness and distinctiveness.
- Publication – The details of the application will be published in the Danish Trademarks Gazette: mark, good/service, applicant’s name, citizenship and address, application date and number, priority claim, trademark representation, and full file access.
- Registration – The application must overcome challenges and oppositions on order for the issuance of registration to be successful.
The following marks are prohibited in this jurisdiction:
- Marks that go against standards of moral and/or public order
- Generic words or common terms with broad meaning
- Marks that lack acquired distinctiveness
- Marks that serve primarily as a surname
- Marks that serve primarily as a name of geographic locations
- Marks that use flags/symbols/names of international organizations, states, regions and nations
Yes. Nice Classification is being used in Denmark. For marks that will be used for multiple classes of goods and/or services, a single application should suffice.
Yes. Denmark is a member of the European Union Trade Mark. Community Trademark takes effect in this jurisdiction.
Yes. The filing date in your home country can be claimed as the filing date in Denmark if these requirements are met:
- Your home country a member of the Paris Convention or World Trade Organization
- The date of filing in your home country occurred within the last 6 months prior to the application in Denmark
You must use the registered mark within 5 years from the date the opposition period has ended. Minimal use is required. As long as it’s a genuine use, it is acceptable. The use must occur in Denmark, Faroe Islands or Greenland.
The initial term of validity is 10 years starting from the date the mark was registered.
The renewal date will be 10 years from the date the registration was granted.
It is illegal to use an unregistered trademark for pharmaceutical goods.
The first-to-use rule applies in Denmark. Trademark owners are not mandated to undergo registration to secure ownership rights.
Denmark’s trademark office is accessible online at http://www.dkpto.dk/
No. This jurisdiction does not require applicants to use or intend to use the mark before 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
Anyone or any interested party may challenge your registration.
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
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
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. Denmark is a member of the international treaty, Madrid Protocol.
Period statements of use are not required.
Renew your trademark 10 years from the date of your last renewal.
The renewal date will be 10 years from the date the registration was granted.
No. Documentations are not mandatory in trademark renewals in Denmark.
Yes. After the trademark’s expiration date, you have 6 months for renewal.