The system for trademark protection in Denmark includes:

• Registration

Denmark belongs to the following international treaties:

• Paris Convention
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Trademark Law Treaty ("TLT")
• Singapore Treaty on the Law of Trademarks

The benefits of registering a trademark in Denmark include:

• Other: Trademark protection can, apart from registration, arise from practical use (unregistered trademarks). The owner of an unregistered trademark enjoys the same legal protection as the owner of a registered trademark as long as the unregistered trademark meets the requirements for distinctiveness in itself. Therefore, it is also possible to initiate infringement actions, if you only have an unregistered trademark right.

Service marks

Yes

Defensive marks

No

Collective marks

Yes, (1) A collective mark must be capable of (i) distinguishing the goods or services of the members of an association which is the proprietor of the mark from goods or services of other undertakings, and (ii) being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. See s. 1 a(iv) and s. 2 of The Danish Trademarks Act. A collective mark can only be established by i) associations of manufacturers, producers, suppliers of services or traders, which have the capacity in their own name to have rights and obligations, to make contracts or accomplish other legal acts and can be a party to legal proceedings or ii) public-law legal persons, cf. s. 1 b(3) of The Danish Trademarks Act. (3) A collective mark can be registered even though the mark consists exclusively of signs or indications which serve, in trade, to designate the geographical origin. However, such a collective mark does not entitle the proprietor to prohibit a third party from using, in the course of a trade, such signs or indications, provided that the third party uses them in accordance with honest practices in industrial or commercial matters. In particular, such a mark cannot be invoked against a third party who is entitled to use a geographical name, cf. s. 13(3) of The Danish Trademarks Act. 4. Specifically, applications for registration of a collective mark must include the regulations governing the use of the collective mark, this being, at least, the persons authorized to use the mark, the conditions of membership of the association and the conditions of use of the mark, including sanctions, cf. s. 11(6) and (7) of The Danish Trademarks Act. If the collective mark consists of a geographical designation (as referred to in s. 13(3)), the regulations governing its use shall authorize any person whose goods or services originate in the geographical area concerned to become a member of the association which is the proprietor of the mark, provided that the person fulfills all the other conditions of the regulations, cf. s. 11(8) of The Danish Trademarks Act.

Certification marks

Yes, (1) A Certification mark must be capable of (i) distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from goods and services which are not so certified, and ii) being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. See s. 1 a(iii) and 2 of The Danish Trademarks Act cf. s. 1 a(iii) of The Danish Trademarks Act. 2. A certification mark can only be established by a natural or legal person, which does not carry on a business involving the supply of goods or services of the kind certified, cf. s. 1 b(2) of The Danish Trademarks Act. 3. A certification mark can be registered even though the mark consists exclusively of signs or indications which serve, in trade, to designate the geographical origin. However, such a certification mark does not entitle the proprietor to prohibit a third party from using, in the course of a trade, such signs or indications, provided that third party uses them in accordance with honest practices in industrial or commercial matters. In particular, such a mark cannot be invoked against a third party who is entitled to use a geographical name, cf. s. 13(3) of The Danish Trademarks Act. 4. Specifically, applications for registration of a certification mark must contain the regulations governing the use of the certification mark, cf. s. 11(6) of The Danish Trademarks Act.

Well-known marks

No

Series marks

No

Marks in a different language or characters other than Roman characters

Yes, A mark that consists of other characters than Roman characters can be registered as a trademark, provided that the mark is capable of: (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, cf. s. 2 of The Danish Trademarks Act. The decisive factor is whether the mark possesses a distinctive character, which must be assessed in relation to the perception by the section of the public targeted, which would be composed of the Danish consumers of those goods and services.

Non-traditional marks: Sound marks

Yes, A sound mark consists exclusively of an audible sound or several audible sounds in combination. In order to be registered, the sound mark must be capable of: (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, cf. s. 2 of The Danish Trademarks Act. The decisive factor is whether the sound mark can be determined in a clear, precise, objective, understandable, independent, lasting manner and be reproduced using generally accessible technology, cf. s. 3(1) of The Danish Executive Order On Application and Registration of Trademarks. Hence, the sound mark must be reproduced in the application form by submitting either an audio file (jpg, jpeg or MP3) or an exact reproduction of the audible sound using musical notation, cf. s. 3(4)(viii) of The Danish Executive Order On Application and Registration of Trademarks. If an audio file is submitted, only the exact submitted audio sound will be subject to the registration, and not the same audio sound performed using a different musical instrument.

Non-traditional marks: Smell marks

Yes, In order to be registered, the smell mark must be capable of: (i) distinguishing the goods or services of one undertaking from those of other undertakings; and ii) being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, cf. s. 2 of The Danish Trademarks Act. The decisive factor is whether the smell mark can be determined in a clear, precise, objective, understandable, independent, lasting manner and be reproduced using generally accessible technology, cf. s. 3(1) of The Danish Executive Order On Application and Registration of Trademarks. According to The Danish Trademark Office, there is currently no known technology that can be used to reproduce a smell in accordance with the current requirements. Thus, under Danish law, it is theoretically possible to register a smell mark, however, approval of such a mark is highly unlikely in practice.

Non-traditional marks: Position marks

Yes, In order for a position mark to be registered, it must be capable of: (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, cf. s. 2 of The Danish Trademarks Act. The position mark must be reproduced in the application form in a manner that adequately demonstrates the trademark's position, size and proportion compared to the relevant goods. Elements not subject to the registration must be visually separated here from by e.g. using dotted lines. Further, the application can be accompanied by a further detailed description of, how the position mark is affixed to the goods, cf. s. 3(4)(iv) of The Danish Executive Order On Application and Registration of Trademarks. The following file formats are approved by The Danish Trademark Office: jpg, jpeg, png and gif.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, a color mark can consist of a single color without contours or a combination of colors without contours. In order for a color mark of a single color or a combination of colors to be registered, it must be capable of: (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, cf. s. 2 of The Danish Trademarks Act. A color mark consisting of a single color must be represented in the application form by submitting a reproduction of the color and by submitting a specification of the color using a recognized color code e.g. Pantone. See s. 3(4)(vi) of The Danish Executive Order On Application and Registration of Trademarks. A color mark consisting of a combination of colors must be presented in the application form by submitting a reproduction that illustrates the systematic structure of the color combination in a uniform and preset manner and by submitting a specification of the colors using a recognized color code e.g. Pantone. Further, the application can be accompanied by a further detailed description of the systematic structure of the color combination in a uniform and preset manner. See s. 3(4)(vii) of The Danish Executive Order On Application and Registration of Trademarks. Following file formats are approved by The Danish Trademark Office: jpg, jpeg, png and gif.

Non-traditional marks: Shape or three-dimensional marks

Yes, Shape or three-dimensional marks include entirely three-dimensional shapes and marks that are partially composed of a three-dimensional shape, comprising containers, packaging, the product itself or its functional shape. In order for a shape or three-dimensional mark to be registered, it must be capable of: (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor, cf. s. 2 of The Danish Trademarks Act. A shape or three-dimensional mark must be presented in the application form by either submitting a graphic reproduction of the shape (computer-generated pictures) or by submitting a photographic reproduction of the shape. Both the graphic and photographic reproduction can include several visual angles. If not submitted digitally, the reproduction can include a maximum of six different visual angles. See s. 3(4)(iii) of The Danish Executive Order On Application and Registration of Trademarks. Following file formats are approved by The Danish Trademark Office: jpg, jpeg, png and gif.

Documents and information required to file a trademark application in Denmark include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other: (1) The application must specify whether it regards an individual trademark, a collective mark or a certification mark. (2) A reproduction of the trademark. (3) A request for priority. (4) Documentation providing adequate information of the use of the trademark if the applicant claims that the trademark has obtained a sufficient distinctiveness based on use. See s. 2 of The Danish Executive Order On Application and Registration of Trademarks.

Yes, multi-class applications are permitted in Denmark. There is not a maximum number of classes prescribed for each application. 

Yes, there are substantive examinations of trademarks in Denmark on the following grounds:

• Substantive grounds
• Other: The Patent and Trademark Office will refuse a mark ex officio only on absolute grounds. A mark will not be refused ex officio on relative grounds for refusal (i.e., prior third-party rights). The Patent and Trademark Office may refuse a mark only upon the opposition of a third party on relative grounds.

Absolute grounds for refusal of a trademark in Denmark include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Other: (1) Mark is not capable of (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented in the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. (2) Mark consists exclusively of signs or indications which are customarily used to designate the goods or services in the current language or in the established practice of the trade. (3) Mark which is contrary to law, public order, or morality. (4) Mark is liable to mislead the public, for instance as to the nature, quality or geographical origin of the goods or services. As for collective and certificate marks, an application for registration shall be refused, if the mark is liable to mislead the public as to the character or the significance of the mark, in particular, if it is likely to be perceived to be something other than a collective or a certification mark. (5) Mark which has not been authorized by the competent authorities and is to be refused pursuant to Article 6 c of the Paris Convention for the protection of Industrial Property. (6) Mark which includes badges, emblems, and escutcheons that are of public interest, unless the consent of the appropriate authority to their registration has been given. (7) Mark is excluded from registration pursuant to international agreements, to which the EU or Denmark is a party, providing protection with respect to geographical designations, designations of origins, traditional names for wine and guaranteed traditional specialty goods. (8) Mark consists of a plant variety subject to plant variety protection and regards plant varieties of the same or closely related species. (9) Mark is filed in bad faith. See s.13 and 14 of the Danish Trademarks Act.

Relative grounds for refusal of a trademark in Denmark include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
• Other: The Danish Trademark Act s.15(3) further provides a list of several relative grounds for refusal which only applies if a third-party files an opposition, including e.g. an opposition based on an infringement of copyright.

The time period from application to registration in Denmark is between 6-12 months.

Yes, late renewal of a trademark is permissible in Denmark. The request may be filed up to six months after the expiration of the registration period conditional upon the payment of an additional fee. 

Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Denmark. The proprietor risks forfeiting his ownership rights over the trademark if he has not put the trademark to genuine use within a period of five years following the date of the completion of the registration procedure. The term "date of completion of the registration procedure" means the date of registration. Hence, the proprietor cannot be requested to provide documentary evidence of use prior to five years after the date of registration. However, upon the expiration of this period of time and conditional upon a third party's filing of an application for revocation, the proprietor must be able to provide documentary evidence that the trademark has been put to genuine use within a period of five years prior to the date of the application for revocation. Documentation can consist of e.g. invoices, price lists, details of turnover and marketing expenditures, marketing materials, market surveys, industry declarations, screenshots of websites, reproductions of the goods or their packaging bearing the trademark, and use of the trademark for the relevant goods in user manuals or label inserts. The evidence must provide information regarding (1) Which exact goods or services the trademark has been used for, (2) when the trademark has been used, (3) that the trademark has been used as a trademark, (4) that the trademark has been used by the proprietor or on behalf of the proprietor, and (5) the geographical area in which the trademark has been put into use. 

No, trademark licensees are not required to record themselves with the Registrar in Denmark, however, it is recommended. Either the licensee or the licensor must provide an extract of the license agreement signed by the licensor or a declaration signed by both parties, which states whether the license is exclusive, sole or non-exclusive, the registration number of the trademark, the scope of the trademark, i.e. the goods and services included in the license agreement and, if relevant, any geographical limitations, the names and addresses of both parties, including, if relevant, names and addresses of agents of the licensor and the licensee.

Available enforcement methods in Denmark include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Administrative enforcement
• Border or other administrative enforcement measures

None identified.