Overview of Denmark Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 7 minutes.

Denmark Trademark Registration

A La Carte Trademark Registration Package $799 USD + govt fee

(4037.60 DKK)
  • In the A La Carte Package, it includes limited pre-filing review without conflicting mark search of your trademark. A central project manager at LegalForce will be assigned especially for you who will answer your questions and coordinate with you each step of the way. An international attorney who is specialized in trademark law in Denmark will coordinate with foreign counsel. You will pay as you go, meaning that whenever there is an action in your trademark application, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage next stage. Because the trademark filing process is highly variable, this modular approach allows you to budget as your business and brands develops over time.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

The Danish monarchy dates back to the 10th century. The constitution of 1849 introduced a bicameral parliament, which in 1918 was replaced by an electoral system combining a proportional representation with elections in individual constituencies was introduced. Denmark joined NATO in 1949 and the European Community (now European Union) in 1973. In 1992, Danish voters rejected the Maastricht Treaty, which resulted in Denmark being granted exemptions from the common defence and the single currency of the treaty. In 2000, the Danes rejected the adoption of the Euro.

Who May Apply?

Any natural or legal person may apply for the registration of a trademark. Applicants not conducting business in Denmark and not being residents of a country party to the International Paris Convention or a member of the World Trade Organization (WTO) will be required to prove that a similar trademark is registered for him for the same goods and/or services as comprised by the application in his home country. Subject to reciprocity the Minister of Trade and Industry may decide that this requirement should not apply.

What Can Be Registered?

A trademark may consist of any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises and capable of being represented graphically, in particular: 1. Words and word combinations, including slogans, personal names, company names or names of real property; 2. Letters and numerals; 3. Pictures and designs; and 4. The shape, equipment or packaging of the goods.

What Cannot Be Registered?

The following trademarks are excluded from registration on absolute grounds: 1. Trademarks not capable of being represented graphically; 2. Trademarks devoid of any distinctive character; 3. Trademarks exclusively consisting of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production, or other characteristics of the goods andlor services; or 4. Trademarks exclusively consisting of signs or indications which are customarily used to designate the goods or services in the current language or in the established practices of the trade. An objection under items 2-4 may be overcome, if the applicant is able to prove that at the time of filing of the application the trademark had acquired distinctiveness through the prior use made hereof in Denmark. Trademarks exclusively consisting of a shape, which is dictated by the goods themselves, a shape of goods necessary to obtain a technical result, or a shape giving substantial value to the goods are also excluded from registration. Finally, the Danish Patent and Trademark Office will refuse trademarks that are: 1. Contrary to law, public order, or morality; 2. Liable to mislead the public as to the nature, quality, or geographical origin of the goods or services; 3. To be refused pursuant to Article Gter of the International Paris Convention, or that include badges, emblems, and escutcheons of public interest; 4. consisting of or containing an element which can be construed as a personal name or company name to which another has legal title, or as a portrayal provided allusion is not made to persons long dead, or contain a distinctive name of or picture of the real property of another party; 5. Consisting of or containing an element which can be construed as a distinctive title of the protected literary or artistic work of another party or which infringe the copyright in such works or the right to a photograph of another party or the industrial property rights of another party. The presence of an objection mentioned under items 1-3 will lead to refusal of the application, whereas an objection under items 4-5 will be cited in the search report of the Office. The Office will waive an objection under items 3-5 if a letter of consent from the appropriate authority or rights holder is submitted.

Rights

1. Identical or similar to an earlier trademark, and the goods and services to which the mark refers are identical or similar to the goods or services for which the earlier trademark is protected. In conflicts involving identical marks and goods and services, the presence of a risk of confusion is assumed, whereas in conflicts involving similar marks andlor goods and services, the presence of a likelihood of confusion, including a likelihood of association, is required. 2. Identical or similar to an earlier Danish or Community trademark, and is sought to be registered for goods or services different from those of the earlier trademark, provided that the earlier trademark is well-known in Denmark and the EU, respectively, and the use will take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier mark. 3. Identical or similar to a "well-known" trademark within the meaning of Article 6bis of the International Paris Convention, and is sought to be registered for goods or services different from those in respect of which the earlier trademark is well-known, provided that use of the later mark may lead to a likelihood of association of the marks, and the use will take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier mark. 4. Identical with, or only insignificantly distinct from, a trademark, the use of which at the date of filing the application for registration has commenced in another country and is still in use there for goods and services identical or similar to those for which the later trademark is sought registered, and the applicant at the date of filing had, or should have had, knowledge of the foreign trademark. 5. Identical with or confusingly similar to a mark or another kind of sign used in the course of trade in Denmark before the date of application for registration of the later mark, or, where appropriate, before the date of the priority claimed in the application for registration of the later mark (see $43:30). An "earlier trademark" is a trademark having an application date prior to the date of application of a later mark and consisting of: (a) European Community trademark applications (subject to their ' registration) and registrations, including such claiming seniority in relation to a trademark mentioned under (b) and (c); (b) Danish trademark applications (subject to their registration) and registrations; (c) Trademarks subject to an international registration with effect in Denmark; (d) Trademarks that, on the application or priority date, are wellknown in Denmark, pursuant to the definition of well-known marks under section 6bis of the International Paris Convention; or (e) Trademarks acquired prior to the filing date of a later trademark through use in the course of trade in Denmark.

Filing Requirements

A trademark application should contain the following information: 1. Name and address of applicant. 2. The goods andlor services to be comprised by the application. 3. A representation of the trademark (if figurative). 4. If the application contains a claim for priority, cf., the International Paris Convention, the application number and country of the priority application. 5. If the applicant is not conducting business in Denmark, is not a resident of a country party to the International Paris Convention, or is not a member of the WTO, it must be proved that a similar trademark is registered for the same goods andlor services in the applicant's home country. If a trademark application is filed through an established trademark attorney no power of attorney is required. A certified copy of the priority application is only to be submitted if specifically requested by the Danish Patent and Trademark Office. Electronic filing is possible and the official fee for an application to register a trademark in Denmark is currently DKK 2350.

Evaluation & Review

The Office will examine whether the application satisfies the other requirements of the Trademarks Act. If no absolute grounds for refusal are present, the Office will conduct a search among prior rights in the Danish Trademarks Register (including Madrid Protocol registrations designating Denmark) and Community Trademarks Register, among registered company names, personal names, and rights obtained according to the Copyright Act and forward the result of this search to the applicant granting a term of two months for the applicant to notify the Office whether he wishes to proceed with the application. If the applicant requests that the application proceeds or the applicant does not respond to the search report, the application proceeds to registration and publication. The Office does not refuse trademarks on relative grounds ex officio. A proprietor of an earlier right will have to oppose registration or challenge a registration of a later trademark on his own initiative for which reason the establishment of a trademark watch is recommended.

Duration

A trademark registration is in force for a period of 10 years from the date of registration and renewals are for 10 years. Applications for renewal must be accompanied by payment of the official fee and must be filed no earlier than six months before and no later than six months after the expiration of the registration period. If a registered trademark is not timely renewed the registration will be deleted by the Office.

Use

A trademark proprietor is not required to submit affidavits of use. However, a trademark may be revoked upon the request of a third party if, within a period of five years from the date of completion of the registration process, the trademark has not been put to genuine use in Denmark in connection with the goods or services covered by the registration, or if such use has been suspended for an uninterrupted period of five years and there are no proper reasons for nonuse. In this regard use by a licensee will constitute use by the licensor. The date of completion of the registration process is the date of expiry of the opposition period, if no oppositions were filed. If oppositions were filed, the date of completion of the registration process will be the date on which a final decision in the opposition (or possibly appeal or lawsuit) is rendered. Genuine use of a trademark is use of the trademark on goods andlor for services in Denmark. In practice as long as the use made of a mark is not token, even modest use may fulfill the use requirement. Use of a trademark in a form not differing substantially from the its registered form will constitute use of the trademark, and affixing the trademark to goods or services in Denmark solely for export purposes will also constitute use.

Domain Names

Domain names registered under the top level domain.dk may be challenged by filing a complaint with the Complaints Board for Domain Names, or by filing a civil suit with the Danish courts. The Complaints Board and the courts are competent to make rulings about the compliance of domain name registrations with proper domain name practise, the Rules for Registering, Administering and Resolving Conflicts in Connection with Domain Names Under the.dk Top Level Domain, and current Danish legislation, and may decide to suspend, cancel or transfer the domain name.' Accordingly, if a the proprietor of a domain name registration has no legitimate interest in the domain name, or, e.g., the domain name registration contains a prior trademark and the goods andlor services offered on the Web site are identical or similar to those for which the trademark is registered upon filing a complaint the trademark proprietor should be able to have the domain name transferred. Once a complaint has been filed with the Complaints Board for Domain Names, the Board will invite the proprietor of the domain name registration to submit observations to the complaint. On the basis of the complaint and possible submission by the proprietor .of the domain name registration, the Board will consider whether there is any basis for initiating a dispute settlement procedure. If the Board finds that there is no basis for dispute settlement the Board will render a decision.

Enforcement

A trademark proprietor may enforce his trademark right by filing an opposition, a request for cancellation, a request for seizure of the infringing goods (confirmatory civil suit must follow), by filing an injunction (confirmatory civil suit must follow), or by filing a civil suit. Customs actions against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights are governed by (EC) No. 13831 2003 of July 22, 2003. Under this Council Regulation, infringing or counterfeit products entering Denmark, or in transit, a trademark proprietor, or a licensee, may request suspension of the release of goods which appear to be infringing a trademark right. Upon such request, or of its own motion, Danish Customs will suspend the release of goods which appear to be infringing or counterfeit. If the Danish Customs suspend the release on its own motion, it will notify the trademark proprietor (or the Danish attorney of record) and suspend the release for three working days for the trademark proprietor to ascertain whether the suspended goods are in fact counterfeit. A further suspension of 10 working days of the release of the goods to provide the trademark proprietor with sufficient time to ascertain whether the goods are in fact counterfeit, to settle the conflict out-ofcourt, or to file a confirmatory civil suit is usually granted, whereas only in exceptional cases will the Danish Customs grant another 10 day suspension if such action was taken on its own.