Danish Trademark Protection System

Denmark is a member of the European Union, as well as a member of the World Intellectual Property Organization and the vast majority of international agreements on trademarks. EU trademarks operate in parallel with domestic trademarks of EU countries and do not conflict with each other. However, trademarks that have already been registered or applied for registration within each member state of the European Union constitute prior rights against EU trademark registration, and vice versa.

Danish trademark registration has benefited Greenland and the Faroe Islands, but EU trademarks have not been involved in that region.

 

DKPTO Introduction to the Danish Intellectual Property Office

The Danish Patent and Trademark Office (DKPTO) is under the jurisdiction of the Danish Ministry of Commerce (Erhvrvsministeriet). As the intellectual property management department, DKPTO is responsible for the registration and disclosure of trademarks, patents, utility models, and designs.

website：www.dkpto.dk

address：Helgeshøj Allé 81, 2630 Taastrup

Telephone：+45 43508000，43508301（customer service）

Fax：+45 43508001

Email：pvs@dkpto.dk

 

Introduction to Danish Trademark Registration

3.1 A symbol that can be used as a trademark

A trademark may contain any symbol that distinguishes a company’s goods or services from those of other companies. According to the DKPTO trademark online application system, the trademarks that can be registered in Denmark and the logos that constitute them include:

3.1.1 Word Trademark (Ordm æ rke): A trademark consisting solely of text, letters, numbers, other standard printed characters, or combinations thereof, and does not contain any graphics or colors.

3.1.2 Figurm æ rke: A trademark that uses non-standard characters, styles, layouts, graphics, or colors, including logos composed solely of graphic elements, as well as logos composed of a combination of text and graphics.

3.1.3 Formm æ rke: A trademark consisting of or containing three-dimensional shapes, including the container, packaging, and its own shape or appearance of goods.

3.1.4 Positionsm æ rke: A special way of pasting a trademark onto goods that must display the position of the trademark and its size and proportion relative to the relevant goods.

3.1.5 Pattern Trademark (M ø nsterm æ rke): A trademark composed solely of a set of directionally repeated elements.

3.1.6 Color Trademark (Farvem æ rke): A trademark consisting only of a single color without contours or a combination of colors without contours.

3.1.7 Lydm æ rke: A trademark that only includes sound or sound combinations.

3.1.8 Dynamic Trademark (Bev æ gelsesm æ rke): A trademark formed by the movement or displacement of elements within a logo, or a trademark containing such movement or displacement.

3.1.9 Multimedia Trademark (Multimediem æ rke): A trademark composed of images and sounds.

3.1.10 Hologram trademark (Hologram æ rke): A trademark composed of elements with holographic features.

However, symbols composed solely of the shape determined by the nature of the product itself, the shape of the product required to achieve technical effects, or the shape that has significant value to the product cannot be registered as trademarks.

3.2 Trademark classification

Danish trademarks can be divided into ordinary trademarks (individuelt varem æ rke), guarantee/certification trademarks (garanti eller certification æ rke), and collective trademarks (kollektivim æ rke).

When the owner of the mark can prove the materials, manufacturing methods, service content, quality, accuracy, or other characteristics of the goods or services used, the mark can be used to distinguish between certified and uncertified goods or services by the owner of the mark, and the owner can apply to register the mark as a guarantee/proof trademark.

A collective trademark is a special symbol belonging to an association, which can separate the goods or services of its members from those of other enterprises.

3.3 The content of trademark rights

The trademark owner has the right to prohibit anyone from using the following symbols in the trade process without their consent:

3.3.1 The logo is identical or similar to the trademark, and the product or service using the logo is identical or similar to the product or service covered by the trademark right, resulting in the possibility of confusion, including the possibility of believing that there is a certain relationship between the two logos;

3.3.2 If a trademark gains reputation in Denmark, the trademark owner has the right to prohibit others from using their trademark on products or services that are not identical or similar, as long as such use constitutes unfair exploitation or damage to the distinctive features or reputation of the trademark.

3.4 Exhaustion of rights

The trademark owner has no right to prohibit others from using their trademark on goods bearing their trademark that are placed on the European Community market by the owner themselves or with their permission. However, if the trademark owner has legitimate reasons to oppose further commercial distribution of their goods, especially when the condition of the goods has changed or been damaged after they have been placed on the market, exhaustion of rights does not apply.

3.5 Protection period

The trademark protection period starts from the date of application and lasts for 10 years. It can be renewed upon expiration. Renewal can be repeated indefinitely, and the validity period of each renewal registration is 10 years, calculated from the day after the expiration of the previous validity period of the trademark.

3.6 Actual use of trademark

According to the Danish Trademark Law, the owner of a registered trademark must actually use the trademark on the designated goods or services within 5 years from the completion of the registration process, unless there are reasonable grounds for not using it, otherwise the trademark may be revoked.

The use of a trademark with the consent of the trademark owner, or if the trademark is a collective trademark or a guarantee/certification trademark, the use of the trademark by the person entitled to use the trademark shall be equivalent to the use of the trademark by the trademark owner.

 

Danish Trademark Registration Procedure

There are three ways to obtain a valid registered trademark in Denmark: (1) international registration through the Madrid System for International Trademark Registration; (2) Apply for registration of an EU trademark with the European Union Intellectual Property Office (EUIPO); (3) Apply directly to DKPTO to register a Danish trademark.

Before submitting the application, the applicant should conduct a search of the mark to avoid the mark to be applied for being identical or similar to a prior trademark in the same or similar category of goods or services.

4.1 Procedure for directly applying for trademark registration with DKPTO

4.1.1 Submit Application

Danish trademark applications can be submitted through an online system. Applicants first need to choose between submitting a Normal ans ø gning application or choosing the Fast track.

Choosing the fast track can enable trademark registration applications to be published as early as possible, but three conditions must be met: (1) the application must be submitted through an electronic application form; (2) You must select the names of goods and services from the preset database; (3) The fee must be paid at the same time as submitting the application.

DKPTO does not search for logos submitted through the fast track, so applicants cannot obtain search reports, which may have a negative impact on trademark registration. Therefore, DKPTO recommends that applicants who have not conducted a trademark search choose a general application.

Generally, applications are more flexible than fast track applications. When specifying the scope of use of a trademark, the applicant can choose a pre-set product or service name, or select a term from the EU database TMclass. After processing the submitted content, the system will inform the applicant whether their list of goods and/or services is acceptable. In addition, applicants can choose whether to request DKPTO to search for the logo.

Regardless of which method is chosen, the applicant needs to further select the type of trademark to be registered (V æ lg varem æ rketype), namely ordinary trademark, collective trademark, or guarantee/certification trademark. After selection, you can enter the corresponding application system interface. Filling in the project and requirements can be directly converted into Chinese reading on the webpage, which is very convenient.

The applicant can be a company or an individual (see “Navne” tab). If the applicant is a registered company in Denmark, they must provide a CVR number. If it is a private company, the responsible person should be filled in. If there is more than one applicant, DKPTO will send the letter to the first applicant.

The applicant needs to select the type of trademark (V æ lg varem æ rketype) that needs to be registered in the “V æ rem æ rke” tab, which includes text trademarks, graphic trademarks, etc. If it does not belong to any of the listed options in the system, you can choose another option (Andet). In this case, the application must include a trademark description.

After selecting a trademark type, the system will display different interfaces below for entering corresponding information and uploading various attachments. If choosing general application, the system will prompt the applicant to choose yes (Ja) or no (Nej) to request a trademark search report (Begrundet s ø gningrapport), which costs 700 Danish kroner.

Applicants can gradually add the names of goods and/or services using the trademark in the application and the corresponding Nice classification according to the system prompts on the “Varer og tjeneleydelser” tab.

Once the application is submitted, no content can be added or modified. DKPTO will begin processing the trademark application upon receipt of the application documents and application fee. Applicants can view payment confirmation information on the “Kvittering” tab, or download PDF copies of payment receipts and application documents through the system.

Trademark applications can be submitted and processed in Danish, English, Swedish, or Norwegian, but the list of goods and/or services must be published in Danish.

4.1.2 Formal review

After the applicant submits a trademark registration application, DKPTO will review whether the application meets the requirements for determining the application date – whether a trademark registration request has been submitted, whether copies of the applicant’s or unit’s information and address, logo, and list of goods and/or services have been provided, and whether the application fee has been paid.

For collective trademarks or guarantee/certification trademarks, the application must also include provisions applicable to the use of the trademark, at least including: (1) persons who have the right to use the trademark; (2) The conditions for obtaining membership in the association; And (3) the conditions for the use of the trademark, including penalty provisions.

If the application cannot be assigned a filing date, the applicant may submit missing information and materials within 2 months. If DKPTO does not receive the applicant’s supplementary submission within this deadline, the application will be rejected.

4.1.3 Review

DKPTO will review the application based on the absolute grounds for rejection as stipulated in Articles 13 and 14 of the Trademark Law.

If DKPTO considers that the trademark registration application should be rejected in whole or in part, or if the applicant’s choice of Nice classification is incorrect or the description of goods and/or services is unclear, it will issue an examination opinion to the applicant, requesting a response within the prescribed time limit.

Applicants can submit an application to DKPTO to extend the deadline by 2 months.

If DKPTO does not receive a response from the applicant within the deadline or an application for an extension of the deadline, the trademark registration application will be rejected in whole or in part. 4.1.4 Retrieval

If the applicant requests a search for the applied trademark, DKPTO will conduct a search of existing Danish trademarks and trademark applications to examine whether the content of the application constitutes a relative ground for rejection under Article 15 of the Trademark Law.

DKPTO will issue a search report within the specified time and set a response deadline for the applicant to consider whether to withdraw or partially withdraw their application based on the search results.

If DKPTO does not receive a response from the applicant within the above-mentioned deadline, or if the applicant decides to withdraw the trademark registration application in whole or in part within the deadline, DKPTO will further process the application.

4.1.5 Disclosure

If the deadline set by DKPTO in the search report has expired and DKPTO has not found any reasons to hinder trademark registration, or when the decision to partially reject the registration application becomes final, DKPTO will publicly disclose the trademark registration application.

4.1.6 Third party comments

Before the logo in the application is registered as a trademark, anyone can make reasonable comments to DKPTO and provide reasons why the trademark should not be registered. Commentators will not become parties to trademark objections.

4.1.7 Objections

Within 2 months after the trademark registration application is published, interested parties may file trademark objections with DKPTO. Objections require explanation of reasons and payment of fees.

DKPTO may decide to maintain the entire trademark registration application or reject the application in whole or in part in case of objection.

4.1.8 Registration and Publication

If the application meets all the requirements of the Trademark Law and there are no third-party objections to it; If DKPTO makes a final decision on the objection and the application is fully or partially retained, DKPTO will register and publish the trademark.

For more information, please refer to the Trademark Guide and the Danish Trademark Law and Administrative Orders on Trademark Applications and registrations.

 

Introduction to Hungarian Trademark Office Fees

Project	Details and Amount (in Krona)
Application fee	Basic fee (including the fee for specifying one category of goods or services)	2000
	Specify the second category	＋200
	Starting from the third category specified	＋600/class
	Request for search report	700
Convert Madrid application to Danish trademark application	1500
Renewal fee (charging standard after July 1, 2019)	Basic fee (including 1 category)	2000
	Including the second category	＋200
	Starting from the third category included	＋600/class
	If the renewal fee and additional fees are paid after the expiration of the protection period, the fee will increase by 20%.
Objection fee	2500
Administrative revocation of trademark	2500
Appeal fee of	4000

 

For more information, please refer to the official website of DKPTO.