This blog post is dedicated to the peculiarities of TM registration in Denmark. Immediately, we note that if a trademark is used on the territory of the country, then in its rights it is equal to the registered TM in Denmark. However, this does not mean at all that you should ignore the opportunities offered by the official brand registration.
Benefits of registering TM in Denmark:
The registered application may receive priority if you decide to register a TM in another jurisdiction;
- More effective protection
The TM register records the date when your TM protection started. Thus, the owner can claim the rights to the TM in relation to the violators. Without having your TM registered, all you can do is write an angry post about the violation of your rights, and with the registered TM, in addition to the post, you can formally file a complaint about violation of property rights and achieve the removal of content. Registration allows you to go straight to court and demand prohibition from importing the violator’s goods into the customs territory of Denmark.
TMs in Denmark are regulated by the Trademark Law and the EU Regulation of the same name. If you intend to register a brand in Denmark you should better study the provisions of both laws.
Anyone, without limitation, can apply to register aTM in Denmark. Only for collective marks there are certain features, as well as for warranty marks. These features are worth exploring before you apply for the registration of a collective TM in Denmark.
Today, non-traditional marks such as flavoring TM and aroma, 3-D objects etc. can also be registered, provided that a TM can be recognized and defined by the general public.
Unregistered TMs in Denmark
One can apply for a TM right in Denmark without registration if it is recognizable and used in the country. But not only. It makes sense to make a reservation here that it is necessary to use TM widely, that is, outside the country, for example, in the EU, and not only in Denmark.
A power of attorney is not required if the representative is a solicitor or a recognized IP consultant.
If no grounds for refusal are found, the TM will be registered and published in the Danish special edition approximately 6 weeks after the filing of the application. Then you need to wait another 8 weeks to make sure that there are no objections to the registration.
Please note that, as in most EU countries, Denmark has a rule according to which TM can be challenged. This is the rule for using a TM. If after registering a TM in Denmark you have not used it for 5 years, then your brand will be canceled. Of course, you have the right to challenge it with a good reason.
Trademark license agreement
The validity of a license agreement in Denmark does not depend on its entry in the trademark register. However, the inclusion of the licensee on the register can be an enforcement advantage. At the request of the owner of the trademark or the licensee, the IP office adds a license note to the Danish register of trademarks and therefore requests confirmation and documentation of the relevant agreement. The standard license agreement usually includes a clause on the licensee's right to issue sub-licenses.
IP Dispute Resolution in Denmark
ADR methods, such as arbitration and mediation, are primarily used in relation to TM disputes, for example, regarding licensing agreements.
Trademark infringement disputes can also be resolved through arbitration, but these are less common than mediation of a TM dispute.
Disputes regarding TM validity cannot be resolved using any of the ADR methods.
Since last year, there have been constant changes or additions to the TM legislation in Denmark and in many EU Member-States. When registering a trademark in Europe, be sure to check the country-specific conditions as they differ.
For example, in Germany there have recently been changes regarding the term of TM protection and its renewal, and now the validity period expires exactly 9 years after the filing date, rather than 10 years as before. By the way, the duration of TM protection in Denmark has not changed and still lasts 10 years with the opportunity of renewal.
The cost of registering a TM in Germany also differs, depending on whether you will be applying in paper form or online.
The registration of a trademark in Italy does not invalidate the rights of those who have used it up to that point. If you can prove that you have previously used a mark that another person plans to register, you have the right to continue using it.
IQ Decision UK experts monitor all the legislative changes on a regular basis. We will provide comprehensive assistance in registering a trademark in Denmark, as well as advise on the legal issues of TM registration in Denmark and the EU.