Denmark Trademark Registration

In Denmark, rights in a trademark arise for the person or company that first uses the mark in the territory. However, even though registration is not legally mandatory, in practice it is strongly recommended.

Registering your mark:

• Creates a presumption of ownership in your favor,
• Helps prevent disputes about who owns the mark, and
• Makes it much easier to act against infringement or unauthorized use.

Trademark applications are filed with the Danish Patent and Trademark Office DKPTO. A trademark registered with the DKPTO also grants protection in Greenland and the Faroe Islands, which have no separate trademark offices—this is the only way to obtain protection there.

Denmark is a member of the European Union, so European Union Trademarks (EUTM) are also protected in Denmark. However, EUTMs do not extend to Greenland or the Faroe Islands.

Denmark is furthermore a member state of the Madrid Protocol, which means you can extend an international registration to Denmark via the Madrid System. We offer services for trademark filing through the Madrid System.

If you register a combined trademark (word + logo), your exclusive rights are limited to the exact configuration in which the mark is filed and registered. To protect the word and figurative elements independently, it is advisable to file separate applications for each element.

To register a trademark in Denmark, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average trademark registration process in Denmark takes about 4 months for straightforward cases.

This is an estimated timeframe based on current processing speeds and can vary significantly depending on objections, administrative delays, or other complications.

Once your trademark is granted and registered in Denmark, it has an initial validity of 10 years from the application date.

After this, it can be renewed indefinitely for successive periods of ten years.
Renewal can be requested:

• Within the six (6) months before the expiration date, or
• During a grace period of six (6) months after expiration, subject to late renewal fees.

In Denmark, the publication takes place after registration. The grant is published in the Danish Trademarks Gazette (Dansk Varemærketidende), and from that point third parties have a limited time to oppose (see below).

A Danish registration also covers Greenland and the Faroe Islands, so your rights will automatically extend to those territories through the Danish registration.

Yes. If a third party registers a trademark for similar goods or services that includes a primary or distinctive part of your mark, you may oppose the registration based on likelihood of confusion.

In Denmark:

• The mark is published after registration.
• Third parties can file opposition actions within two (2) months from the date of publication of the grant in the Danish Trademarks Gazette (Dansk Varemærketidende).

The chances of success for an opposition depend on the specific facts and evidence of each case.

Use is not required for a trademark to be registered in Denmark. Prior use, however, may help overcome objections based on lack of distinctiveness, by showing that the mark has acquired distinctiveness through use.

After registration, if the mark is not used for a continuous period of five (5) years, it becomes vulnerable to cancellation actions based on non-use.
The use:

• Can be minimal, and
• May take place in Denmark, Greenland or the Faroe Islands.

Denmark recognizes three-dimensional (3D) trademarks through the Danish Patent and Trademark Office (Patent- og Varemærkestyrelsen).

Key points for registering a 3D mark:

• The shape must be distinctive and capable of distinguishing your goods or services from those of others.
• The application must include a clear graphical representation of the shape from various angles.
• Certain shapes cannot be registered, specifically those that:
  • Result from the nature of the goods,
  • Are necessary to obtain a technical result, or
  • Give substantial value to the goods.

If the 3D mark lacks inherent distinctiveness, the DKPTO may require evidence of acquired distinctiveness through use in the Danish market.

For further details, you can consult the Danish Patent and Trademark Office website.