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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux 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 Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Denmark it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Denmark, who will carry out all needed tasks before the Trademark Office in Denmark in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Denmark.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Denmark. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Denmark.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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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.

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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.

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Do I need to sign a Power of Attorney?

A scanned Power of Attorney is required.

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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.

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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.

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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)
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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.
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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
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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.

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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.

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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
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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.

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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.

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What will be the renewal date of my trademark?

The renewal date will be 10 years from the date the registration was granted.

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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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Does having a registered trademark in Denmark give me any right?

The first-to-use rule applies in Denmark. Trademark owners are not mandated to undergo registration to secure ownership rights.

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What is the web address of the trademark national office?

Denmark’s trademark office is accessible online at http://www.dkpto.dk/

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Is there any need to use my trademark before I apply for registration?

No. This jurisdiction does not require applicants to use or intend to use the mark before registration.

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What are the grounds for a Trademark Application to be opposed?

The following are grounds for an application to be challenged: 

  • Breach of copyright
  • Proprietary right
  • Violation of rights in a registered design, personal name and/or company name
  • Use of protected emblems or insignia without approval from authorities
  • Mark is descriptive, non-distinctive, misleading and/or deceptive
  • Violation of rights under Article 6bis, Article 6septies and Article 8 of the Paris Convention
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Who can oppose my trademark registration?

Anyone or any interested party may challenge your registration.

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Is it possible to cancel a registration?

Yes. Cancellation of an already registered mark is still possible on the following grounds: 

  • Mark is descriptive, functional, non-distinctive, misleading and / or generic
  • Rights under Article 8, Article 6septies, Article 6ter, and Article 6bis of the Paris Convention are violated
  • Rights in a personal name and/or registered design are violated
  • Mark consists of a geographical indication
  • Mark includes protected badge or emblem
  • Mark was registered in bad faith
  • Mark is banned by Danish law
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Are there any rights established by having a registered trademark?

Yes. Owners of a registered mark in Denmark will obtain the following rights: 

  • Exclusive rights to use the mark
  • Right to object to conflicting applications filed at a later date
  • Right to request for a subsequent conflicting application to be cancelled
  • Right to file an infringement case against parties that imitate the mark and the right to receive damages
  • Right to authorize or license other businesses to use the mark
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How long is the opposition period?

The opposition period will start on the date the registration is published in the Danish Trademarks Gazette and will end two months after that date.

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Is Denmark a member of the Madrid System?

Yes. Denmark is a member of the international treaty, Madrid Protocol.

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Do I need to present periodic statement of use?

Period statements of use are not required.

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When should I renew my trademark?

Renew your trademark 10 years from the date of your last renewal.

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What will be the renewal date of my trademark?

The renewal date will be 10 years from the date the registration was granted.

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Is there any documentation that should be presented when renewing a trademark?

No. Documentations are not mandatory in trademark renewals in Denmark.

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If my trademark expires, do I have a grace period?

Yes. After the trademark’s expiration date, you have 6 months for renewal.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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