Trademark Search in Denmark

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Frequently Asked Questions
What is the trademark registration time frame?

If there are no objections nor opposition, the registration time frame should be approximately 4 months.

If I register my trademark in Denmark, do I have protection in other territories?

The territorial scope of protection is Denmark, Greenland and Faroe Islands.

Do I need to sign a Power of Attorney?

A scanned Power of Attorney is required.

Are there any benefits from a pre-filing use of the trademark?

Yes. Pre-filing use allows the applicant to exhibit the mark’s acquired distinctiveness and overcome challenges on the ground of non-distinctiveness.

Will there be problems in case I don’t use my trademark after registration?

Yes. The consequence of not using your trademark is cancellation of registration.

What are the types of trademark that can be registered in Denmark?

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)
What are the phases of application after a trademark has been filed in Denmark?

The sequence of the application procedure is as follows: examination, registration and publication. 

  1. Examination – The trademark office authorities will examine some elements of the application: clarity, classification, formality, descriptiveness, conflicts, deceptiveness and distinctiveness.
  2. 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.
  3. Registration – The application must overcome challenges and oppositions on order for the issuance of registration to be successful.
What type of marks are non-registrable?

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
Does Denmark use the "Nice Classification" system?

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.

Does the Community Trademark apply for Denmark?

Yes. Denmark is a member of the European Union Trade Mark. Community Trademark takes effect in this jurisdiction.

Is there any possibility to claim priority in Denmark?

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
What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The initial term of validity is 10 years starting from the date the mark was registered.

What will be the renewal date of my trademark?

The renewal date will be 10 years from the date the registration was granted.

Is it legal to use my trademark even if it is not yet registered?

It is illegal to use an unregistered trademark for pharmaceutical goods.

 

Does having a registered trademark in Denmark give me any right?

The first-to-use rule applies in Denmark. Trademark owners are not mandated to undergo registration to secure ownership rights.

What is the web address of the trademark national office?

Denmark’s trademark office is accessible online at http://www.dkpto.dk/

Is there any need to use my trademark before I apply for registration?

No. This jurisdiction does not require applicants to use or intend to use the mark before registration.

What are the grounds for a Trademark Application to be opposed?

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
Who can oppose my trademark registration?

Anyone or any interested party may challenge your registration.

Is it possible to cancel a 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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

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.

Is Denmark a member of the Madrid System?

Yes. Denmark is a member of the international treaty, Madrid Protocol.

Do I need to present periodic statement of use?

Period statements of use are not required.

When should I renew my trademark?

Renew your trademark 10 years from the date of your last renewal.

What will be the renewal date of my trademark?

The renewal date will be 10 years from the date the registration was granted.

Is there any documentation that should be presented when renewing a trademark?

No. Documentations are not mandatory in trademark renewals in Denmark.

If my trademark expires, do I have a grace period?

Yes. After the trademark’s expiration date, you have 6 months for renewal.

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