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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Denmark
The term of protection is 10 years from the date of application. A trademark registration may be renewed for further 10-year periods from the expiry of the registration period.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Denmark
Renewal is subject only to payment of a renewal fee.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
8.3
What are the grounds for cancelling a trademark registration?
 
Denmark
A trademark registration may be cancelled due to non-use or revoked if it was registered contrary to the Trademark Act. Revocation may be based on any of the absolute or relative grounds for refusal, including the following:

  • The trademark infringes third-party rights;
  • The trademark has become a common name in the trade as regards the goods or services for which it has been registered; or
  • The trademark is or has become misleading to the public, particularly as to the nature, quality or geographical origin of the goods or services.
For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Denmark
The Danish Patent and Trademark Office (DKPTO) may initiate revocation proceedings before the competent court only in case of absolute hindrances.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Denmark
Any natural or legal person may file a request for cancellation or revocation with the DKPTO. Legal revocation or cancellation proceedings before a competent court can be initiated only by a natural or legal person with a sufficient interest in the matter.

A revocation or cancellation request must be submitted to the competent authority (the court or the DKPTO) in writing by providing relevant grounds for such request and payment of the applicable official fee.

Upon receipt of such request, the competent authority will set a deadline for receipt of the trademark owner’s response to the revocation pleading. Depending on the complexity of the cases, the parties may be allowed to file several statements to explain the facts and document their claims. The competent authority will render a decision when both parties have had a chance to submit their arguments at least once.

For more information about this answer please contact: Christina Type Jardorf from Accura Advokatpartnerselskab
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Denmark
A revocation or cancellation decision of the DKPTO may be appealed in writing to the Board of Appeal for Patents and Trademarks within two months of the decision date. Decisions of a competent court follow the regular procedure for court appeals – that is, as a main rule, within four weeks of the decision date.

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