Answer ... 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.
Answer ... Renewal is subject only to payment of a renewal fee.
Answer ... 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.
Answer ... The Danish Patent and Trademark Office (DKPTO) may initiate revocation proceedings before the competent court only in case of absolute hindrances.
Answer ... 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.
Answer ... 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.