Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Denmark
The trademark owner may claim:

  • reasonable compensation for the unauthorised use of its trademark and compensation for any additional damages caused by the infringement, provided that the infringement was committed with negligence or intent;
  • discretionary compensation for market distortion;
  • recall and/or destruction of infringing products;
  • an order for the infringer to cease the infringing use;
  • disclosure of information about the infringing use, including the scope of the same;
  • cancellation or revocation of the infringing trademark registration; and
  • publication of the court judgment.
For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
7.2
What remedies are available against trademark dilution?
 
Denmark
The trademark owner may claim the same remedies for trademark dilution as for trademark infringement (as above).

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Denmark
No.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Denmark
A trademark owner has several options when enforcing its trademarks rights:

  • It may pursue an administrative claim before the Danish Patent and Trademark Office (DKPTO) for infringing trademark applications or registrations (ie, opposition, cancellation and revocation procedures.
  • It may pursue a civil claim against the infringing party before the competent court. This option may variously include:
    • a request to secure evidence at the infringer’s premises;
    • a request for a preliminary injunction to prohibit the infringing use and seizure of the infringing goods; and
    • ordinary court proceedings.
  • The first and second options above are preliminary actions and require subsequent initiation of legal proceedings on the merits, unless the matter is settled between the parties beforehand. All three options require submission of a written request followed by relevant arguments and documentation, along with payment of the court fee. Both parties are given the opportunity to submit their arguments and documentation before the court renders a decision.
  • It may pursue a claim under criminal proceedings, initiated by the relevant prosecuting authority. The trademark owner is given the opportunity to submit its argumentation and a request for damages; however, it is not considered a party to the criminal proceedings and has limited opportunity to affect the course of the case.
For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
7.5
What typical defences are available to a defendant in trademark litigation?
 
Denmark
The following defences are available to a defendant:

  • There is no likelihood of confusion between the respective trademarks or designations;
  • The relevant trademark has not been used commercially;
  • The relevant trademark has been used by the defendant in accordance with honest business practices – for instance, the right to use its own name and address, or where use of the trademark is necessary for the intended purpose of the goods (spare parts);
  • The trademarks or designations in question can coexist under the Trademarks Act;
  • The contested trademark or designation was used before the plaintiff acquired its trademark rights; or
  • The plaintiff’s trademark is invalid, or should be cancelled or revoked.
For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Denmark
Decisions of the DKPTO may be appealed to the Board of Appeal for Patents and Trademarks, while decisions of the latter can be appealed to a competent first-instance court.

Decisions of a first-instance court may be appealed to the high courts. A third-instance appeal to the Supreme Court usually requires permission from the Appeals Permission Board. In certain cases – for instance, if the case is potentially precedent setting or gives rise to an issue of general public importance – a decision issued by the Maritime and Commercial High Court, which is a specialised IP court, may be appealed directly to the Supreme Court. An appeal is subject to a deadline of four weeks from the date of the relevant decision.

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