A trademark right may be acquired in Denmark through registration or commercial use.
It should be highlighted that there is a higher possibility of legal action being taken against an unregistered trademark when one is not registered. The potential negative consequences include squandered marketing efforts, diminished goodwill, reprints of letterheads, brochures, labels, etc., and they could get worse the longer the unregistered trademark has been used.
Additionally, while expanding the product line, there is a chance that the unregistered trademark won’t be usable for new items and services. This might be the case if others in the interim began using comparable trademarks or even filed their own trademarks.
Trademark Registration Process
An application for a trademark must be submitted to the Patent Office. It suffices to have a non-legalized power of attorney. No local registration is required if the applicant’s home country is a signatory to the Paris Convention or the World Trade Organization.
Although there is no search for prior trademarks, the application process does include a formal review and an examination of distinctiveness. An office action is not issued by the trademark authority or registered for around six months. After registration, the trademark is published in the weekly “Dansk Varemaerketidende.” Two months after the registration’s publication date, the opposition period begins.
Period to Oppose
The opposition against trademark registration in Denmark must be filed within two months from the publication of the application. The opposition procedure takes place before registration.
Validity Period
No official grant fee is stipulated. As of January 1, 2019, trademarks in Denmark have a ten-year initial validity duration and are renewable for additional ten-year periods. The 10-year duration of validity for trademarks filed before January 1, 2019, continues to run from the filing date. The Patent and Trademark Office must receive the request for renewal within six months of the registration period’s expiration, or during a six-month grace period, by paying the required fee.
Requirement of Use
Trademark in Denmark may be canceled based on non-use if it has not been used within five years from the termination of the registration procedure.
Also, get in touch with us for patent registration in Denmark.