Comparative Guides
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Denmark
Yes.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
5.2
Who has standing to oppose a trademark application?
 
Denmark
Any natural or legal person that claims its IP rights are infringed by a trademark application may file a notice of opposition.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
5.3
What is the timeframe for opposing a trademark application?
 
Denmark
A trademark application is subject to opposition for a period of two months from publication in the Trademark Journal.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
5.4
Which body hears oppositions?
 
Denmark
Trademark opposition matters are handled by the Danish Patent and Trademark Office (DKPTO).

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
5.5
What is the process by which an opposition proceeds?
 
Denmark
An opposition notice must be submitted to the DKPTO in writing within the abovementioned timeframe, together with relevant grounds and payment of the applicable official fee.

Upon receipt of the opposition notice, the DKPTO will set a deadline for the trademark owner’s response. After receipt of the same, the DKPTO will decide whether the argumentation and documentation provided are sufficient to render a decision. In complex cases, the parties may be allowed to file additional statements to explain the facts of the case and document their claims.

The DKPTO renders its decision once both parties have had the opportunity to submit their arguments and documentation.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Denmark
Decisions of the DKPTO can be appealed in writing to the Board of Appeal for Patents and Trademarks within two months of the decision date. An appeal is subject to payment of the applicable official fee. Each party submits one pleading, after which the Board of Appeal obtains the DKPTO’s reassessment of the case. The parties then have one month to respond by submitting further written comments. As a main rule, the proceedings are conducted in writing; however, in certain cases an oral hearing may be allowed, if requested by the parties.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab