In Denmark, the rights to a trademark are granted to the person or company who first uses it in the country. Although trademark registration is not required, it is highly encouraged in practice to demonstrate unambiguous ownership, avoid future trademark ownership disputes, and defend against trademark infringement claims.
Trademark Registration in Denmark
The Danish Patent and Trademark Office (DKPTO) is where trademark applications are submitted in Denmark. Greenland and the Faroe Islands offer protection to trademarks registered with the DKPTO. This is the only way to guarantee trademark protection in these territories because there are no local trademark offices.
Because Denmark is a member of the European Union, European Union Trademarks (EUTM) are protected here. Greenland and the Faroe Islands, however, are not covered by the EUTMs.
Denmark is a member of the Madrid Protocol as well. As a result, this country can use the Madrid System to extend an international trademark registration.
In order to register a trademark, it does not need to be in use in Denmark. Prior use, on the other hand, may be effective in overcoming an argument based on a lack of distinctiveness by demonstrating that the trademark has acquired distinction.
If you register a combination trademark (one that has both word and figurative elements) in Denmark, you only have the exclusive right to use it in the identical configuration or manner in which it was filed and registered. If you want to use your trademark’s word element apart from the logo (or vice versa), It is recommended that you apply for a separate trademark that only includes the words or figurative elements you want to use and protect.
However, if a third party later wants to register or use a trademark for similar products or services that includes a principal or distinct element or portion of your trademark, you will have the right to object based on confusing resemblance.
In Denmark, trademark registration is followed by trademark publication. Third parties have two months from the date of publication of the grant in the Danish Trademarks Gazette (Dansk Varemrketidende) to bring objection actions against the trademark. The chances of an opposition succeeding will vary depending on the circumstances in each case.
Although a trademark does not have to be in use to register, it must not be unused for five years following the date of registration or it will be open to cancellation procedures based on lack of use. It could be used sparingly in Denmark, Greenland, or the Faroe Islands.
In Denmark, registered trademarks have a ten-year initial validity period from the date of application, after which they can be renewed indefinitely for ten-year intervals. The trademark renewal can be requested up to six (6) months before the expiration date, or up to six (6) months after the expiration date if late renewal fees are paid.