Denmark
Fees for registering Denmark trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Denmark are mainly based on the Trademark Law, which came into effect on January 24, 2012 and was revised on February 26, 2017. The Danish Patent and Trademark Office is responsible for managing trademark affairs and the official language is Danish. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. Danish trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Denmark is a signatory to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, Nice Agreement, Convention Establishing the World Intellectual Property Organization, and Vienna Agreement. It is also a member of the Madrid Protocol and the European Union, so trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
Trademark Registration Process
At present, the Danish Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Denmark include: text, names, letters, numbers, graphics, colors, three-dimensional shapes, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Denmark must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Danish trademark is: application - examination - approval and issuance - announcement. The application will be accepted approximately one month after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. The substantive examination does not examine whether there is a conflict with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; If the substantive examination is passed, it will be approved for registration and a registration certificate will be issued. After the registration is approved, an announcement will be arranged, and a two month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. Has adverse effects;
4. Trademarks only directly represent the quality, main raw materials, function, purpose, quantity, weight, value, place of origin, production date, and other characteristics of goods or services;
5. Trademarks have only the shape generated by the nature of the goods themselves, only the shape required to obtain technical effects, and only the shape that gives the goods substantial value.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in Denmark takes about 10 months; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
Trademark registration materials
The Danish trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
After trademark registration, an application for revocation can generally be filed in accordance with Article 28 of the Danish Trademark Law, which came into effect on January 24, 2012. The main reasons for revocation are:
1. Violation of the provisions of the Trademark Law (lack of distinctiveness, violation of public order or social morality, etc.);
2. Without justifiable reasons, the trademark has not been actually used on the goods or services specified at the time of registration for five consecutive years;
3. Become the common name for the product or service in business;
4. Causing misunderstandings, especially in terms of the nature, quality, or geographical origin of goods or services;
5. Infringement of prior rights (including prior registered trademarks, well-known trademarks, name rights, etc.).
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