– Consolidated Trade Marks Act of January 19, 2019, including amendments from Section 4 i Act No. 670 of June 8, 2017 and Section 1 in Act No. 1533 of December 18, 2018.

– Nice Agreement Concerning the International Classification of Goods and Services, Geneva Act, since November 30, 1961.
– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since February 13, 1996.
– European Union Trade Mark Regulation.
– Trademark Law Treaty, since January 28, 1998.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 29, 2006.
– Singapore Treaty on the Law of Trademarks, since March 16, 2009.

Applicant: one or more persons, one or more firms, and associations.

Foreigners and nationals not living in the country: may appoint a representative domiciled in the European Union.

Trademarks of foreigners: foreigners enjoy the same protection as Danish citizens. A home registration certificate must be filed and the Danish list of goods must be in strict accordance with the home registration certificate if the applicant is not a resident of a country party to the Paris Convention or the WTO.

Kinds of protection: all signs capable of distinguishing the goods or services of one enterprise from those of other enterprises, including word marks, device marks, three-dimensional marks, movable marks, holograms, sound marks, colors, slogans, and company names.

Marks for services: registrable.

Distinctiveness: required. Marks merely indicating properties of goods or services, place of origin, or price are not considered distinctive.

Not registrable: coats of arms, national flags, official insignia and the like, misleading and dishonest marks, marks contrary to law, public order or morality. Marks containing elements in conflict with third party’s trademarks, company name, protected surnames, portraits, design rights, or copyrights may be refused if opposed to after registration.

Collective marks: granted to associations whose members may use the mark on conditions to be declared. Handling of the application along the same lines as trademark applications.

Geographical names: registration possible if the name of the location abroad is not well-known, or if the goods/services covered are not normally connected with this geographical name (registration of Danish geographical names is difficult). 

Priority: six-month priority is to be claimed within one month from filing. Priority only partly covering the Danish list of goods is accepted so far as applicants from countries exempt from filing a home registration certificate are concerned.

Classification: international; classes 1-34: goods, classes 35-45: services. An application may comprise any number of classes.

Territories covered: Danish registrations: Denmark, Greenland and the Faroe Islands. Madrid Protocol registrations designating Denmark: Denmark, Greenland (if filed before January 11, 2011) as well as the Faroe Islands (if filed before April 13, 2016). EUTM registrations: Denmark only.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (only upon request);
2. For device marks (electronic file).

Electronic filing: available.

Electronic signatures: are accepted for all documents.

For a change of name or address: no documents are required for the recordal of a change of name or address. If there is any doubt about the correctness of the name change, documentation may be requested (no legalization).

Kind of property: a trademark right has been established, by registration of a mark in accordance with the rules of the Act, and when the mark has been adopted for use. Registration is prima facie evidence for the property.

Rights of prior user: the courts may decide that a younger and an earlier trademark may coexist under certain circumstances.

Amendment of application: correction of applicant and assignment of application is possible. Modifications which do not change the overall appearance of the mark may be accepted. Only restriction and clarification of list of goods is possible. Careful preparation of list of goods/services therefore highly recommended.

Examination: the “Alicante Model” has been adopted. The DKPTO examines whether the mark is non-distinctive and issues a search report with confusingly similar earlier rights for information purposes only.

Registration: the mark is registered when no absolute grounds for refusal have been found.

Publication: the registration is published in the Official Gazette “Dansk Varemærketidende”.

Opposition – reasons and procedure: opposition must be filed within two months from the date of publication of the registration.

Grounds for opposition: confusing similarity with earlier registered or unregistered trademark, company name, protected surname, name of association, cable address, etc.

Disclaimers: available but rarely required by DKPTO.

Letters of consent: not applicable since the DKPTO does not ex officio cite earlier marks as bars to the registration.

Appeal: applicant and opponent may appeal against a decision to the Board of Appeals; term: two months from the date of the decision which is appealed is taken. An appeal against a decision of the Board of Appeals may be filed with the Maritime and Commercial High Court within a term of two months from the date of the decision which is appealed.

Beginning of protection: filing date or Convention priority date.

Delivery of document: the registration certificate is issued in paper format and the electronic version is available online.

Duration – extension: ten years counted from the application date (as of January 1, 2019), renewable for any number of periods of ten years.

Term for renewal: not earlier than six months before and not later than six months after the anniversary of the application date. Note: for trademarks registered prior to January 1, 2019 the first ten-year registration period is calculated from the date of registration, and for subsequent ten-year periods the time limit for renewal is also calculated from the date of registration according to Section 60B (1) and (2). 

Term of grace for renewal: the said six months.

Modification of trademark: minor modifications which do not change the overall appearance of the mark may be accepted.

Division: possible.

Changes in the list of goods: only restrictions and clarifications possible.

Assignment: possible, even independent of enterprise; should be registered.

Compulsory licenses: not provided for.

Expropriation: not provided for.

Application kept secret: no secrecy period.

Licensing – user right: licensing possible and may be registered on the basis of a declaration from the trademark owner.

Obligation to use: use should take place in Denmark within a period of five years from the date when the registration procedure became final, otherwise the mark may become vulnerable to cancellation due to non-use.

Nullification: the nullification of a trademark can be attempted in court proceedings on the allegation of plaintiff’s better claim to the mark; confusion; the trademark’s not fulfilling registration requirements or non-use (see above). After five years have lapsed without legal steps having been taken for nullification of a registered trademark, such a registered mark and an older right can exist side by side. However, nullification on the ground of non-use is always possible.

Administrative nullification: can be filed with the DKPTO on the allegation of plaintiff’s better claim to the mark; confusion; the trademark’s not fulfilling registration requirements or non-use (see above). After five years have lapsed without legal steps having been taken for nullification of a registered trademark, such a registered mark and an older right can exist side by side.

Validation of lapsed marks: not possible.

Infringement and penalties: good faith/negligence: remuneration and damages; bad faith: remuneration, damages and, in severe cases, imprisonment.

The procedure and filing requirements for conversion of an EUTM into a national trademark in Denmark is the same as for filing a national application.

Time limit: as per applicable EUTM Regulation.