Sep 14, 2023 (Newsletter Issue 7/23)
Prices for Business Services to Increase
The Danish Patent and Trademark Office will adjust the prices for our business services per 1 October 2023 following the generally increasing costs in 2022 and 2023.
The hourly rate will be increased to DKK 1,400 ex. VAT, which will also entail a price adjustment of our fixed price business services.
Source: www.dkpto.org
Mar 05, 2020 (Newsletter Issue 3/20)
New E-Filing for Designs
The Danish Patent and Trademark Office (DKPTO) has implemented a new design e-filing system, which went live on February 17, 2020.
The new system is configured to process both standard and multiple design applications. The system includes tooltips with further information and the automatic numbering of designs and views, integration with DesignClass and coloured, validated Locarno classes and subclasses, and the automatic calculation of fees as users navigate their way through the e-filing process.
The new system also allows users to file validated applications in a digital format, and contains a simplified and updated architecture and technology stack, to simplify the IT administrative process.
Source: www.euipo.europa.eu
Feb 14, 2019 (Newsletter Issue 2/19)
Trademark Act Changed
On January 1, 2019, a new Danish Trademarks Act came into force. The new Act introduces a number of important amendments. Some of the changes can be seen below:
- Requirement for representation by graphic means is deleted
- Fee structure changed
- Fast-track scheme and detailed search report on prior rights available
- Renewal: As of January 1, 2019, a trademark registration is valid for 10 years from the date of application.
- Establishment of use-based trademark rights
- Trademark protection - goods in transit and preparatory acts
- Specification when company names can prevent registration and use of a trademark
Please note that the amendments have been included and the Danish survey has been updated thanks to the contributor Gorrissen Federspiel Advokatpartnerselskab.
Source: www.dkpto.dk
Jun 14, 2018 (Newsletter Issue 11/18)
Act on Trade Secrets Passed
The Danish Parliament has passed a new Act on trade secrets which brings together the regulation on trade secrets in Denmark.
The Act implementing the EU Directive on trade secrets has been unanimously enacted by the Danish Parliament. The Act entered into force on June 9, 2018.
The purpose of the new Act is to strengthen the protection of trade secrets, ensure aligned provisions across the EU and bring together the regulation on trade secrets in Denmark.
When the new Act entered into effect, the existing regulation in section 23 on trade secrets in the Danish Marketing Practices Act will be repealed. Employers should therefore consider changing any references to section 23 of the Danish Marketing Practices Act included in template contracts or other documents.
Source: www.norrbomvinding.com
Apr 20, 2016 (Newsletter Issue 7/16)
Faroe Islands Now Covered by Madrid Protocol
The Faroe Islands are now part of the Madrid System with effect from April 13, 2016.
On January 13, WIPO had notified the deposit by the Government of the Kingdom of Denmark of a declaration that withdrew the declaration made upon ratification of the Madrid Protocol to the effect that "the Protocol should not apply to the Faroe Islands".
Source: www.wipo.int
Feb 17, 2016 (Newsletter Issue 3/16)
Madrid Protocol to Cover Faroe Islands
The Faroe Islands will be part of the Madrid System with effect from April 13, 2016.
On January 13, WIPO has notified the deposit by the Government of the Kingdom of Denmark of a declaration that withdraws the declaration which was made upon ratification of the Madrid Protocol to the effect that "the Protocol should not apply to the Faroe Islands".
Source: www.wipo.int
Feb 17, 2016 (Newsletter Issue 3/16)
Hague Agreement to Apply to Faroe Islands
WIPO refers to the deposit by the Government of the Kingdom of Denmark, on September 9, 2008, of its instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999 (the "Geneva Act"). The said instrument contained a declaration that "until later decision, the Geneva Act will not be applied to the Faroe Islands or to Greenland".
WIPO notified the deposit by the Government of the Kingdom of Denmark, on January 13, 2016, of a declaration according to which it withdraws the one made upon ratification of the said Act "to the effect that until further notice, the Act should not apply to the Faroe Islands".
The said declaration will enter into force on April 13, 2016.
Source: www.wipo.int
Mar 04, 2014 (Newsletter Issue 4/14)IP Marketplace now in EnglishThe Danish online service IP Marketplace is now available in English. It is managed by the Danish Patent and Trademark Office since 2007.
IP Marketplace is the place in which buyers and sellers of IP rights are introduced to each other. On IP Marketplace you can find rights that are offered for sale or license of IP rights. You can also search for rights which you would like to buy or license yourself. IP Marketplace is free of charge for both buyers and sellers.
To access the IP Marketplace please click here.
Source: www.ip-marketplace.org Nov 01, 2010 (Newsletter Issue 16/10)Validity of International Registration in GreenlandThe Director General of the World Intellectual Property Organization (WIPO) presents his compliments and has the honor to refer to the deposit by the Kingdom of Denmark, on November 10, 1995, of its instrument of ratification of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989 ("Madrid Protocol (1989)"). The said instrument contained a declaration that "until later decision, the Protocol will not be applied to the Faroe Islands or to Greenland".
The Director General has the honor to notify the deposit by the Government of the Kingdom of Denmark, on October 11, 2010, of a declaration according to which it withdraws the one made upon ratification of the Protocol "to the effect that until further notice the Protocol should not apply to Greenland".
The said declaration will enter into force on January 11, 2011.
For more information please click here Legal basis is the Danish Trademark Act, act no. 88 of January 29, 2019 (Trademark Act).
Danish trademark law also applies on the Faroe Islands and Greenland.
The new Trademark Act came into force in Greenland through a Royal Decree on 1 September 2022. It is expected that the new Trademark Act will also come into force on the Faroe Islands through a Royal Decree at a later point.
Denmark is a member of the Madrid Protocol and the European Union.
Trademark protection can be obtained either by registration or through use of the mark on the Danish market.
Nice classification, 12th edition
Registrable as a trademark are any signs, in particular words, including personal names, or devices, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and 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.
The following trademark types are registrable: individual trademarks, service marks, guarantee or certification marks or collective marks.
The application is filed at the Danish Patent and Trademark Office (DKPTO).
Multiple-class applications are possible.
There is no need or demand for a local agent, but the list of goods and services has to be in Danish.
There are no formal requirements for a power of attorney in accordance to the Trademark Act.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of the absolute grounds (distinctiveness, whether the mark is misleading and whether the mark is in contrary to law, public order or -morality) and an informative search for relative grounds for refusal, namely prior registered trademarks. Relative grounds do not bar the registration but can be used by the owner of the earlier right as a basis for an opposition or a cancellation action. All owners of earlier rights may file an opposition or cancellation action.
The processing time from first filing to publication or first office action is approximately 3 months.
After examination, the trademark is published in the weekly “Dansk Varemærketidende”.
National:The opposition period is 2 months from the publication date of the application.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from the application date. The registration is renewable for periods of 10 years.
For trademarks registered before January 1, 2019, the starting date is still the date when the registration became final. For subsequent ten-year periods, the time limit for renewals will run from the date of the expiration of the preceding period.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application in Denmark is DKK 2,000 for the first class. The fee for the second class is DKK 200 and DKK 600 for each additional class. There is no registration or publication fee.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Further practical details are available in our publication on this topic
here
Sep 05, 2023
Gorissen Federspiel, Copenhagen, Denmark