COUNTRY : DENMARK
CAPITAL : COPENHAGEN
LANGUAGE : DANISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID PROTOCOL, TREADEMARK LAW TREATY, WIPO, PCT
The IP office of Denmark is known as the DKPTO administered by Ministry of Trade and Industry.
Also note that trademark gets automatically protected in Greenland, Faroe Islands through a single application filed at Denmark through the DKPTO.
PROTECTION OF TRADEMARKS IN DENMARK:
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain registration of trademark in Denmark, there are three options from which the applicant can choose.
The trademark should be capable of being represented graphically and should be capable of distinguishing the goods or services of the applicant’s enterprise to those of the others.
Applicants should bear in mind that the following will not be registrable as Trademarks in Denmark:
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
The IP office of Denmark is known as the DKPTO.
Applicant has to furnish the following documentation for filing:
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the application is filed, the DKPTO examines the same to determine that the application is in compliance with all the provisions as laid down in the trademarks act.
Once registration of the trademark application is published, interested third parties may file opposition to the same.
Usage of the mark before filing an application for registration is advantageous since, in the event the marks are not sufficiently distinctive to be registrable can acquire the necessary distinctiveness through use. With limited exceptions, use must be in Denmark.