TRADEMARKS FILING AND PROSECUTION IN DENMARK
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers indentify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.
Trademark in Denmark may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark.
|Relevant office||Danish Patent and Trademark office Ministry of Industry, Business and Financial affairs|
|Nice classification||Yes (11th edition)|
|Multi class system||Yes|
|Documents required for filing trade mark applications||Details of applicant, list of goods and services, reproduction of mark|
|Prosecution process||Filing publication of the mark in the trade mark journal opposition(within 2 months from the publication date) registration renewal|
|Registration term||10 years from the registration date|
|Renewal term||10 years|
Trademark searches in Denmark
It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Denmark can be conducted for word marks, device marks, numeral and labels. An official search can be conducted at the records of the Danish patent and trademark office. The registry has provided with Search databases for the trademarks where the users can search for information and documents concerning IP rights valid in Denmark. This service provided by registry is free of cost. The users can also search for trademarks outside Denmark using eSearch plus, TMview, Madrid monitor and WIPO global brand database.
Trademark word search edition of Denmark follows the Nice Classification and trademark applications can be filed for goods in classes 1-34 and services in classes 35-45.
It is advisable to conduct comprehensive trademark clearance search in Denmark to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Denmark. It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures etc. or combination of marks containing device marks. A device mark search in Denmark can be conducted amongst the marks filed and registered as per the Vienna code classification.
Filing trademark applications in Denmark
A person may file multi class or single class trademark applications in Denmark.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Denmark:
Ordinary trademark applications filed Denmark are applications without claiming any priority. Ordinary applications can be filed online through the official website of the Patent and Trademarks office. The trademark application form with nice classification is available on the website for the efficient examination process and the application can be submitted via email@example.com or through ordinary post. Multi class trademark applications can be filed in Denmark. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Denmark/Convention trademark application in Denmark:
A priority trademark application may be filed in Denmark. A priority trademark application should be filed in Denmark within 6 months after the date on which the application was made in the convention country.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Denmark within six months of after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Denmark follows the nice classification of classes. The patent and trademarks office uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defines list of terms and cover all the goods and services.
The Danish Patent and trademark office participates in TMclass. Initially applicant can file an application with the list in English, but the office will require a Danish version.
Trademark examination in Denmark
Once the application is submitted for the registration it goes through the examination stage. The office examines, if the application for the registration has met all the legal requirements and is in conformity with the present law and practice. The application is examined on the basis of the relative and absolute grounds. The relative grounds consist of the search for earlier confusingly similar marks valid in Denmark (national rights, EU trademarks and international trademarks designating Denmark).
The applications are refused only on the basis of absolute grounds. Section 13 and 14 of the trade marks act deals with absolute grounds of refusal.
In case the patent and trademark office finds that the application does not comply with legal requirements or has other objections, shall notify the applicant accordingly and prescribe a time limit within which the applicant has to file his observations. On the expiry of the time limit the patent and trademark office will give their decision.
Trademark opposition in Denmark
Once the application for the registration has successfully completed examination stage it is accepted and published in the official gazette for the third party observations. Any interested party within the period of two months from the date of publication may file a notice of objection. The notice of objection must state the grounds on which the claims are based and must be file with the patent and trademark office.
If an opposition is filed the application for the registration is re-examined. And after re-examination if the application for the registration is maintained, the applicant and the opponent shall be notified regarding the same.
If the application for the registration is revoked entirely or partially, the decision regarding the same will be published when it has become final.
Trademark registration in Denmark
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favor of the applicant. The mark is registered for a period of 10 years from date of registration and the registration certificate is issued.