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Denmark Trademark Registration 

In order to obtain trademark protection in Denmark you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Denmark. If you want to proceed this way please follow the steps described below.

A trademark attorney will process your trademark registration in Denmark through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

     

  • 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.

     


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