Trademarks Law in Denmark
Certainly! Here's a comprehensive overview of trademark law in Denmark:
🇩🇰 Trademark Law in Denmark
Denmark has a modern and efficient trademark protection system that complies with both European Union law and international treaties.
1. Legal Framework
The main law governing trademarks is the Danish Trademarks Act (Varemærkeloven), most recently updated to align with EU Directive 2015/2436.
Administered by the Danish Patent and Trademark Office (DKPTO).
Denmark is part of:
The European Union (subject to EU Trademark Regulation)
The Madrid Protocol (for international registrations)
The Paris Convention and the TRIPS Agreement
2. What Can Be Registered as a Trademark?
A trademark is any sign that can distinguish goods or services. In Denmark, registrable marks include:
Words, names, slogans
Logos, images, symbols
Letters, numerals
Colors, sounds, three-dimensional shapes
Combinations of the above
Note: Scent and taste marks are not registrable due to current graphical representation limitations.
3. Trademark Registration Options
You can register a trademark in Denmark via:
National route – directly with the DKPTO
EU Trademark (EUTM) – through EUIPO (covers all EU countries)
International registration – via the Madrid Protocol designating Denmark
4. Registration Procedure (National)
Application filed with DKPTO
Formal examination – ensures the application meets requirements
Absolute grounds check – checks for distinctiveness, descriptiveness, etc.
Publication – third parties have 2 months to oppose
Registration – if no opposition, or opposition is rejected
5. Duration and Renewal
Trademark protection lasts for 10 years from the filing date.
Renewable indefinitely in 10-year periods.
Grace period: 6 months after expiration (with late renewal fee).
6. Rights of the Trademark Owner
Exclusive right to use the mark for registered goods/services
Right to oppose or take legal action against infringing uses
Right to license or assign the trademark
7. Use Requirements
If a trademark is not used for 5 consecutive years, it may be subject to cancellation for non-use.
Use must be genuine and commercial in Denmark (or the EU, if EUTM).
8. Infringement and Enforcement
Infringement includes:
Unauthorized use of identical or confusingly similar marks
Use that takes unfair advantage of a well-known mark
Enforcement mechanisms:
Civil lawsuits (injunctions, damages, account of profits)
Customs enforcement (to stop counterfeit goods)
Criminal proceedings (in serious or willful infringement cases)
9. Well-Known Trademarks
Denmark offers enhanced protection for well-known marks, even if not registered, as per the Paris Convention and EU law.
Such marks can block registration or use of confusingly similar marks.
10. International Protection
As a Madrid Protocol member, Denmark allows international registrations to designate it via WIPO.
An EU trademark also automatically covers Denmark.
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