Q&A on Danish Trademark Registration

Who can apply for trademark registration in Denmark?

• Any natural person, corporate entity or organization can apply for Danish trademark registration in Denmark.
• Collective marks, guarantee marks and certification marks have certain restrictions and are limited to a specific group.

What can be registered as a trademark in Denmark?

• Any sign that meets the minimum distinctiveness requirements and can be clearly and accurately reproduced may be registered as a trademark, including:
  • Words and word combinations, including slogans, personal names, company names, and building names
  • Letters and numbers
  • Graphics and Design
  • The shape, equipment or packaging of the product
  • sound
  • action
• According to the Danish Trademark Act, as long as the applicant can represent the trademark in a clear and accurate manner so that the content of the authorized protection can be determined by the relevant authorities and the public, non-traditional trademarks such as taste and smell can also be registered as trademarks in Denmark.

Is it possible to obtain trademark protection without registering the trademark in Denmark?

• Yes. Trademark rights can be established solely based on the use of the mark on the Danish market without the need for registration.
• According to Section 3, paragraph 1, item 3 of the Danish Trademark Act, unregistered trademarks enjoy protection from the beginning of use in Denmark, which applies to the goods or services for which the trademark is used. The use of the trademark must have a significance that exceeds the local significance, but the DKIPO has quite strict standards for the intensity of use of the trademark, including the dual requirements of the quality and geographical spread of the trademark.

Can a well-known foreign trademark still enjoy protection in Denmark even if it is not used in the country? If so, must the foreign trademark be well-known in the country in which it is used? What proof is required? What kind of protection can Denmark provide?

• Yes. Even if a foreign well-known trademark is not used or registered in the country, it can still receive some protection in Denmark. The well-known trademark owner can oppose the registration of an identical or similar later trademark, and can also file a trademark invalidation lawsuit if the use of the later trademark unfairly takes advantage of or damages the distinctiveness or reputation of the well-known trademark without justification. This applies whether the goods or services for which the later trademark is applied or registered are identical or similar to those of the earlier well-known trademark.

What are the benefits of registering a trademark in Denmark?

• Although using a trademark is equivalent to registering a trademark, registering a trademark in Denmark also has some specific benefits, such as:
  • An applied or registered trademark can serve as a priority when applying for a registered trademark in other jurisdictions;
  • The registration database shows the appearance of the trademark, the types of goods and services registered, and the date protection was established, allowing the right holder to immediately prove the scope of the trademark rights to third parties and infringers;
  • The owner of a registered trademark can prevent third parties from bringing goods into the Danish customs territory;
  • Trademark registration provides the right holder with clear evidence of the duration and scope of protection, and a use requirement does not take effect until five years after the registration date.

What documents are required to apply for a trademark? What are the rules regarding the representation of a trademark in an application? Can electronic applications be made? Can or must a trademark search be conducted before applying? If so, what procedures and fees apply?

• A trademark application must include the following documents:
  • Registration Request
  • Applicant's name and address
  • Categories of goods and services
  • Trademark Design
  • Power of attorney
  • Priority Document
• The representation of the trademark in the application must be presented in a form that can be reproduced in the trademark database so that the authorities and the public can clearly and accurately determine the protection granted to the owner.
  • A trademark consisting only of words or numerals may be represented in written or graphic form.
  • For trademarks consisting of graphic devices and three-dimensional graphics, image files must be submitted
  • A sound trademark must consist of an accurate reproduction of an audio file or musical notation.
  • Sports logos must show a numbered sequence of images or a video file
  • Multimedia trademarks must be displayed through audiovisual documents that combine sight and sound.
  • A holographic trademark can be a video file or a graphic representation of a series of holograms.
  • In practice, smell and taste trademarks cannot be adequately represented by currently available technical means.
• The Danish trademark registration uses an electronic application system. Before registering a trademark, you can use the free database of the Danish Patent and Trademark Office to search. DKIPO conducts a prior rights search on the trademark application to obtain information on obstacle trademarks.
  

How long does it usually take to register in Denmark and how much does it cost? When does the registration officially take effect? What circumstances will increase the time and cost of trademark registration?

• The DKIPO usually takes 8-12 weeks to review a trademark application. If no absolute grounds for rejection are found, the trademark will be published in the Danish Trademark Gazette. Any third party may file an opposition request within 2 months of publication.
• If an objection occurs during the 2-month objection period, DKIPO will initiate an objection procedure, which will take approximately 12-18 months.
• If the trademark registration application meets all requirements and no third party raises an opposition, or the final decision is that the opposition is unfounded, the DKIP will register the trademark and publish a registration notice in the Danish Trademark Gazette. Once the trademark is registered, protection will take effect from the date of application filing.
• If oppositions occur or if you encounter absolute obstacles at the Patent and Trademark Office, the time to obtain a trademark registration will increase.
• The trademark registration application fee is DKK 2,000 per class. The fee for the first additional class is DKK 200, and from the second additional class onwards, it is DKK 600 per class.
• There is no registration fee.
  

What is the classification system followed for trademark registration in Denmark and how does it differ from the international classification system?

• The Danish trademark registration classification adopts the Nice Classification of Goods and Services.
• A Danish trademark registration can be for multiple classes.

What procedures does the Trademark Office follow when deciding whether to grant a trademark registration? Will an application be examined for potential conflicts with other trademarks? Are letters of consent accepted to overcome objections based on third-party trademarks? Can an applicant respond to a rejection by the Trademark Office?

• DKIPO's review of trademark registration applications includes the following:
  • Formal requirements for trademark registration applications
  • Categories of goods and services
  • Whether there are any absolute grounds for refusal
  • The applicant is allowed to respond and make corrections within 2-4 months. If the applicant fails to respond and make corrections on time, he or she may request an extension of the response period. The extension is usually only allowed once, and the request for extension must have sufficient reasons.
  • Applicants may be allowed to make several rounds of written submissions during opposition proceedings to overcome oppositions
  • If the above criteria are met, the trademark will be published in the Danish Trademark Gazette. The DKIPO will also check for refusal on relative grounds and provide the applicant with a search report. However, the search report is only for information purposes and the DKIPO will not actively refuse on relative grounds. The search report provides the applicant with the opportunity to voluntarily deal with the earlier rights found in the report (for example, by requesting a letter from the earlier rights holder to agree to registration)
  • If a trademark registration application is rejected, the trademark applicant may appeal to the Patent and Trademark Appeal Board

Is it necessary to file a declaration of use when registering a trademark or service mark in Denmark? Can a foreign trademark registration enjoy priority?

• Applicants are neither required to declare use or intent to use a mark before registration is granted, nor are they required to submit proof of use during the application process.
• If a registered trademark is not actually used in Denmark within 5 years after registration, or if the use of the trademark is suspended for 5 consecutive years, it may be completely or partially revoked unless the trademark owner provides valid reasons for non-use. DKIPO will not take the initiative to initiate administrative revocation procedures. However, if a third party files a trademark revocation request through administrative or court procedures, the trademark owner must bear the burden of proof to prove real use.
• To register a trademark that has acquired distinctiveness through use, the applicant must prove the use of the trademark, including the duration and extent of use in terms of goods and services, and prove that the relevant consumer group no longer regards the mark as merely a general indication of the product or service, but as a real feature of the applicant's products or services, which is a requirement for registration.
• If the owner of an unregistered trademark does not use the mark continuously, the rights will be lost.
• Applicants can claim priority from earlier applications or registrations filed under the Paris Convention, the World Trademark Organization, the European Union or countries with which Denmark has a bilateral agreement.

What words or symbols can be used to indicate the use or registration of a trademark? Is marking mandatory? What are the benefits of using these words or symbols and are there any risks of not using them?

• Two symbols may be used to indicate the use or registration of a trademark: the ™ symbol and the ® symbol. Use is not mandatory.
• These two symbols have no official meaning in Denmark, but they are generally recognized and acknowledged. The two symbols have different meanings. The ™ symbol is an abbreviation for "trademark" and can be used for unregistered trademarks. The ® symbol stands for "registered trademark" and should only be used for registered trademarks.
• These symbols indicate that the owner considers the associated trademark to be their property and that third parties should refrain from using the same or similar marks. In addition, they signal that the owner wishes to protect their trademark from potential infringers. There are no consequences for improper use of these symbols.

If a Danish trademark registration application is rejected, can the trademark applicant appeal?

• Yes. The applicant for trademark registration can appeal to the Danish Patent and Trademark Appeal Board within 2 months of receiving the rejection decision. The appeal fee is DKK 4,000. The appeal procedure must be submitted in writing. An oral hearing may be held if the party requests it. The appeal has a suspensive effect. If dissatisfied with the decision of the Appeal Board, the applicant for trademark registration can continue the litigation in the Danish General Court.

How long is a Danish trademark registration valid for? Do I need to use the trademark to maintain it? If so, what proof of use do I need to provide?

• The trademark protection period in Denmark is 10 years from the date of application. It can be renewed for another 10 years after the registration expires. The renewal fee must be paid 6 months before the due date. There is a 6-month grace period, but a late payment fee must be paid.
• It is not necessary to use the trademark to maintain it. However, if there is no actual use or suspension of use in Denmark within 5 years after registration, any third party may file a request for full or partial cancellation of the trademark, unless the owner provides reasonable grounds for non-use. DKIPO will not initiate administrative cancellation proceedings on its own initiative. If a third party files a request for trademark cancellation against a trademark through administrative or court proceedings, the burden of proof will be on the trademark owner to prove the actual use of the trademark.
• Proof of bona fide use must establish the time, place, extent and nature of use of the mark in connection with the registered goods or services.