Denmark is one of the countries with stable economic and political situations, therefore many businessmen are interested in carrying out their activities in the territory of this jurisdiction. If you are planning to start a business in Denmark, it is worth worrying in advance about ensuring reliable brand protection and registering a Danish trademark.
TM registration in Denmark
To register a trademark in Denmark, you need to file an application with the Danish IP regulator – the Office for Patents and Trademarks. Online submission is available. The regulator starts processing the application after payment of the fee, checks whether the formal requirements are met, and whether there are any absolute grounds for refusing to register a trademark in Denmark.
TM dispute resolution in Denmark
It is worth noting that a trademark application can only be rejected on the basis of relative reasons for rejection.
Claims on relative grounds of refusal can only be made by the owner of the previous rights. The opposition must be filed within two months from the date of publication of the registration application.
Despite the fact brand abuse are quite rare in Denmark, still an outside party may take steps to infringe on a brand’s intellectual property in order to take advantage of its well-respected reputation. Rogue websites are considered the most widely spread troubles for brands in Denmark.
If you intend to start a business in Denmark, you need to ensure protection from trademark squatting. This may take the form of a foreign registration of TMs belonging to brands yet to register abroad, and transliteration issues like NIKE / NICE. Timely identification of the facts of your brand rights violations will reduce the damage from its actions and bring the violator to justice.
Grounds for TM Cancellation
Applications for the cancellation and invalidation of trademarks can be made to the regulator or to Danish courts in accordance with the Trademark Law.
Any decision made by the regulator can be appealed to the Patent and Trademark Appeal Board within two months. In addition, decisions made by the Board can be referred to the courts.
If you have any questions about this topic, please contact IQ Decision UK team for further advice on TM regulation in Denmark. Experienced professionals will help you register a Danish brand. Legal experts at our firm have experience resolving trademark disputes, If you are interested in learning more about alternative methods of trademark dispute resolution, kindly contact us. We will help you find the best solution in your specific case and resolve a trademark dispute in Denmark in the most comfortable and cost-efficient way.