Trademark registration in Denmark

Denmark is a small country in Northern Europe with a population of just over 5 million. However, it is a country with a highly developed economy with a high standard of living. Denmark has a well-educated and trained workforce. This is due to the country’s strong education system, which provides free education to everyone from kindergarten to university. Denmark is ranked as one of the best places to do business in the world. The government is business-friendly and has many tax incentives for businesses. Denmark has a modern and well-developed infrastructure, including roads, railways, airports and seaports. This makes it easy to move goods and services. Denmark has a stable economy with low unemployment and a high growth rate. This creates a safe and predictable business environment. Overall, Denmark is a great place to grow your business. The country has a highly qualified workforce, a friendly business environment, a strong infrastructure, a stable economy, and a high quality of life. Businesses need to develop their brand here, the first thing to do is to register a trademark. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Denmark through the article below.

Legal basis

• Uniform Trademark Law (Uniform Law No. 88 of January 29, 2019);
• Other relevant legal documents.

Conditions for trademark registration in Denmark

The trademark must be distinguishable

Your trademark must be distinguishable so that consumers can distinguish your brand from other brands. This means that the trademark of the business must not be too general, there should be a unique element to help consumers remember the product / service of the business.

Trademarks aren’t just about descriptive words

Your trademark should contain more than words that simply describe your goods or services. Examples of descriptive brands include “Delicious Biscuits” (for cookies) or “Wooden Table” (for furniture). Exclusive ownership of descriptive words may prevent other businesses from using the necessary words to describe their products.

Trademarks must comply with Danish law and must not contain official state symbols

Businesses need permission to use official state symbols such as the Danish royal crown or the Danish flag. Similarly, businesses cannot register trademarks containing the word “bank” unless the business has permission.

Trademarks must not mislead consumers

Businesses cannot register trademarks that mislead consumers. A trademark is considered misleading if it contains words suggesting that the good or service is something they are not, for example “Smith Tea” is used for coffee.

Benefits of registering a trademark in Denmark

Trademark registration is an important part of protecting the brand and reputation that a business has built or is planning to build. Here are some important reasons to register a trademark:

• Prevent copying and imitation: After registering a  trademark, businesses can use it to prevent competitors from copying or imitating your brand. This helps businesses build an exclusive brand and strong brand recognition.
• Advantage in disputes: If an enterprise registers a trademark, it will have a significant advantage in the event of a dispute. A registered trademark provides strong legal evidence of a business’s brand ownership.
• Attracting investment: A registered trademark shows investors and business partners that their investment is protected. A trademark is a valuable intellectual property and contributes to increasing credibility for businesses.
• Avoid legal risks: If businesses do not register trademarks in time, businesses risk having to withdraw from the market or change product names if another party proves that the business is violating their rights. This can cause financial damage and brand reputation.

In conclusion, trademark registration is an important strategic step to protect brands, build trust with customers and partners, and minimize legal risks.

Trademark registration documents in Denmark

To register a trademark in Denmark, the applicant needs to prepare a dossier and submit it to the Patent and Trademark Office. Here are the main components of the profile:

Application form: Download the official application form from the Patent and Trademark Office (https://www.dkpto.dk/) website.

Applicant Information: Provide full information about the applicant, including: Name and address (individual or company), Nationality, Contact information (email and phone number)

Trademark template: Includes a clear trademark template of the applicant’s trademark. This trademark sample may refer to:

• Logo
• Trademarks
• Slogan
• Design
• Combination of elements
• Make sure the representation is clear and suitable for reproduction in the trademark registry.

List of goods and services: Identify the goods and services that the applicant’s trademark will include. The applicant must use the “Nice Classification” system to classify the applicant’s goods and services (https://www.wipo.int/classifications/nice/en/).

Fees:

• Trademark registration fees apply. The applicant can find the current fee list on the Patent and Trademark Office website.
• Payment methods may include bank transfer or online payment through the website.

Optional documents

• Proof of right-of-way (if the right-of-way is requested from a previous trademark application)
• Power of attorney (if using a representative)
• Statement of intent to use (if not already using the trademark)

Trademark registration fees in Denmark

Basic fee including a group of goods/services: DKK 2,000

Additional fee for the second group of goods/services: DKK 200

Additional fee for each additional group of goods/services: DKK 600

Charge for in-depth search: DKK 700

How to file a trademark application in Denmark

To file for trademark protection in Denmark, you can apply by the following filing methods:

• Direct filing: You can go directly to  the Danish Patent and Trademark Office of the Ministry of Industry, Trade and Finance at Helgeshøj Allé 81 2630 Taastrup to file the application and related documents.
• By Post: You can send your application and all required documents via postal or courier service to the address of the Danish Patent and Trademark Office Ministry of Industry, Trade and Finance at Helgeshøj Allé 81 2630 Taastrup.

Trademark registration in Denmark via the Madrid system

The Madrid system is an international system that allows applicants to apply for trademarks in multiple countries through a single application. To register a trademark in Denmark through the Madrid system, the applicant needs to take the following steps:

Submit a basic application:

• File an international trademark application at the National Patent and Trademark Office (where the applicant resides or has citizenship).
• The application must comply with the provisions of the Madrid Protocol.
• Select Denmark as the country specified in the applicant’s application.

WIPO conducts international due diligence

• The World Patent Office (WIPO) will conduct international due diligence on the validity of the application.
• WIPO will communicate the results of the verification to the applicant and to the designated countries.

National stage in Denmark

• The Danish Patent and Trademark Office will conduct an inquiry into the distinguishability and protection of trademarks in Denmark.
• The applicant may need to provide additional information or evidence as requested by the Danish Patent and Trademark Office.
• If the applicant’s trademark is accepted, the Danish Patent and Trademark Office will issue a Trademark Registration Certificate.

Note:

• The applicant must have a basic application registered or issued before the applicant can submit an international application under the Madrid system.
• The applicant needs to pay the international application fee and the national designation fee for Denmark.
• The process of registering a trademark through the Madrid system can take months or years.

Benefits of registering a trademark through the Madrid system:

• Save time and money compared to registering individually in each country.
• Easier to manage applicant applications.
• Expand the scope of trademark protection of the applicant to many countries.

Disadvantages of registering a trademark through the Madrid system:

• The application process can be more complicated than registering in person in Denmark.
• The applicant may lose control of the national registration process in Denmark.
• The applicant may have to pay an additional fee if the applicant needs to make changes to the applicant’s international application.

Trademark registration service in Denmark of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Denmark;
• Draft dossiers and directly submitting and monitoring the status of trademark filings in Denmark on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Denmark;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives performing procedures in Denmark.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application in Denmark, please contact Viet An Law Firm for the most effective support.