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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 5 months, if no objections or oppositions arise.
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If I register my trademark in Denmark, do I have protection in other territories?
The territorial scope of protection is Denmark, Greenland and Faroe Islands.
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Do I need to sign a Power of Attorney?
A scanned Power of Attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
Yes. Pre-filing use allows the applicant to exhibit the mark’s acquired distinctiveness and overcome challenges on the ground of non-distinctiveness.
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Will there be problems in case I don’t use my trademark after registration?
Yes. The consequence of not using your trademark is cancellation of registration.
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What are the types of trademark that can be registered in Denmark?
An applicant may register any mark that is possible to replicate graphically and any mark that can differentiate a product/service from its counterparts.
- Words
- Slogans
- Sounds
- Motions
- Holograms
- Trade dress
- Smell
- Names (may have problems with peculiar surnames)
- Colours
- Shapes (must be 3-dimensional)
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What are the phases of application after a trademark has been filed in Denmark?
The sequence of the application procedure is as follows: examination, registration and publication.
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Examination – The trademark office authorities will examine some elements of the application: clarity, classification, formality, descriptiveness, conflicts, deceptiveness and distinctiveness.
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Publication – The details of the application will be published in the Danish Trademarks Gazette: mark, good/service, applicant’s name, citizenship and address, application date and number, priority claim, trademark representation, and full file access.
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Registration – The application must overcome challenges and oppositions on order for the issuance of registration to be successful.
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What type of marks are non-registrable?
The following marks are prohibited in this jurisdiction:
- Marks that go against standards of moral and/or public order
- Generic words or common terms with broad meaning
- Marks that lack acquired distinctiveness
- Marks that serve primarily as a surname
- Marks that serve primarily as a name of geographic locations
- Marks that use flags/symbols/names of international organizations, states, regions and nations
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Does Denmark use the "Nice Classification" system?
Yes. Nice Classification is being used in Denmark. For marks that will be used for multiple classes of goods and/or services, a single application should suffice.
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Does the Community Trademark apply for Denmark?
Yes. Denmark is a member of the European Union Trade Mark. Community Trademark takes effect in this jurisdiction.
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Is there any possibility to claim priority in Denmark?
Yes. The filing date in your home country can be claimed as the filing date in Denmark if these requirements are met:
- Your home country a member of the Paris Convention or World Trade Organization
- The date of filing in your home country occurred within the last 6 months prior to the application in Denmark
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What do I need to do to satisfy the use requirement?
You must use the registered mark within 5 years from the date the opposition period has ended. Minimal use is required. As long as it’s a genuine use, it is acceptable. The use must occur in Denmark, Faroe Islands or Greenland.
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Once my trademark has been registered, for how many years will be valid?
The initial term of validity is 10 years starting from the date the mark was registered.
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What will be the renewal date of my trademark?
The renewal date will be 10 years from the date the registration was granted.
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Is it legal to use my trademark even if it is not yet registered?
It is illegal to use an unregistered trademark for pharmaceutical goods.