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Trademark Renewal
In Denmark in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
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If your trademark application is rejected, our Attorneys will inform you and advise you on the best course of action.
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A dedicated Account Manager will act as your point of contact for all communications.
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You can use our admin panel to track and review the current status of any service you have requested.
 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

he average time frame for the registration approval is 5 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 https://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 a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by 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 trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

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

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

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. 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 services from others 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 alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  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.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights 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?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use 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 or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered 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 best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible 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. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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 whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do 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.  The other company may object to you using the trademark and legally prohibit you from doing so.

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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 seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get 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 know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing 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 trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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