TRADEMARK APPLICATION FILING IN
Denmark

The Danish Patent and Trademark Office (DKPTO) is responsible for overseeing and developing Denmark's IP policy, including trademark registrations within the country's territory. Its objective is to provide an effective and easily accessible system for the protection of Intellectual Property Rights in Denmark and abroad. Denmark operates on a first-to-use basis when it comes to trademark registration, and all the trademarks should adhere to the Danish Consolidated Trademarks Act. Denmark is also a signatory to a number of international treaties and conventions intended to guarantee the protection of Intellectual Property Rights, including the Paris Convention and TRIPS.

The trademark registration before Danish Patent and Trademark Office can either be filed through online portal or offline mode.

Multi-class applications are allowed by the Danish Patent and Trademark office.

The requirements for filing of trademark application are as follows:

• Name, nationality and address of the applicant;
• Mark representation (Logo/device/word etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*Submission of a scanned copy of signed power of attorney;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted

The process of registering a trademark in Denmark begins with the submission of an application before the Danish Patent and Trademark Office. Once TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration.

If any issues or discrepancies are identified during the evaluation, the applicant will be notified and given four months to resolve them. If no issues are found, or once corrections are made, the application moves forward. The trademark will then be published in the Danish Trademark Gazette, initiating a two-month opposition period. During this time, third parties have the opportunity to raise objections to the application.

If no opposition is filed, or if any objections are resolved in favor of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begin when an opponent files a notice of opposition along with grounds of opposition. During this time, the applicant has the option to engage with the opponent to explore the possibility of an amicable settlement and submit a joint request for a stay of proceedings. If a resolution cannot be reached, both parties will be required to submit their observations. The DKPTO will then make a decision on whether to accept or reject the application. In case of acceptance, it will register and publish the trademark with the Danish Patent and Trademark Office.

A trademark registration in Denmark is valid for a period of ten years. The trademark must be renewed before the end of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the required fee(s).

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Denmark takes around four months in straightforward cases.

According to WIPO’s 2023 statistics data, Denmark saw a steady increase in trademark activity with resident trademark submissions rising by 3.1%. The country also recorded a significant jump in the share of resident filings, which grew by 4.7%, highlighting increased engagement from local applicants. Currently, around 106,352 trademark applications remain in force, according to the national IP office. Denmark continues to attract attention from international applicants as well with countries like Germany, Italy, China, the United States, and France registering trademarks in the Danish system. Reflecting its strong innovation ecosystem, Denmark ranks 10th out of 133 economies in the Global Innovation Index (GII) 2024.