Trademarks

On behalf of our clients we file and prosecute trademark applications all over the world. Outside Denmark we work with a network of associates.

Denmark is a European Community member state. Also, we are a contracting party to the Madrid Protocol. Thus, we are able to file trademark applications directly with the relevant Trade Mark Offices in the case of:

Denmark is also a party to the Paris Convention, and we classify according to the Nice Classification. Multiple class applications are available and 1 to 3 classes may be covered by the basic application.

FILING REQUIREMENTS

Danish Trademark Application

1. Full name(s) and address(es) of applicant(s)
2. Two representations of trade mark (device marks only)
3. List of goods and/or services: Broad, general wording acceptable, e.g. by quoting class heading(s) and/or any specific goods/services of interest. The use of the word ‘including’ for exemplifying is also acceptable.
4. Priority: date, number and country (certified copy required on request only)
5. Power of attorney not required

Community Trade Mark Application (CTM)

1. Full name(s) and address(es) of applicant(s)
2. Two representations of trademark (device marks only and preferably in a .jpeg file format)
3. List of goods and/or services: Broad, general wording acceptable, e.g. by quoting class heading(s) and/or any specific goods/services of interest. The use of the word ‘including’ for exemplifying is also acceptable.
4. Priority: date, number and country + certified copy of convention appln. (late filing possible)
5. Power of attorney not required

Examination and procedure

A Danish trademark application is examined for distinctiveness and prior rights, including prior trademarks, company names, surnames and copyrights, and a Search Report is issued, but for information only. Currently (Sept. 2008), examination takes about 2-3 months.

The applicant does not have to act on the contents of the Search Report, but may consider clarifying/restricting the application or obtaining consent from the proprietors of any prior rights. It is not possible to argue against any mentioned prior rights.

Where no action is taken by the applicant, the registration automatically issues with any amendments suggested by the Trademarks Office and it is at the same time published in the Trade Marks Journal for opposition purposes. The post grant opposition period is 2 months.

In case no examination obstacles are found, the registration will issue right away and also be published for opposition purposes as mentioned above.

The registration is granted for 10 years as from the registration date.

A CTM application is examined for distinctiveness and prior rights within the CTM-system, but only for trademarks. As of March 2008, a Search Report covering 17 member states, not including e.g. Germany, France and Italy, will only be issued if specifically requested and by payment of a search fee. The Search Report is issued for information only. Currently (Dec. 2010), examination takes about 2-3 months.

The applicant does not have to act on the contents of the Search Report, but may consider clarifying/restricting the application or withdrawing same. It is not possible to argue against any mentioned prior rights.

Soon after the issuance of the Search Report, the application is automatically published in the Trade Marks Journal for opposition purposes. The opposition period is 3 months.

In case no opposition is filed, a notification requesting payment of the registration fee will be issued approx. two months after the end of the opposition period. The registration fee must then be paid within a term of 2 months for the registration certificate to issue.

The registration is granted for 10 years as from the application date.