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04-20-2016 (Newsletter Issue 7/16)
Faroe Islands Now Covered by Madrid Protocol
The Faroe Islands are now part of the Madrid System with effect from April 13, 2016.

On January 13, WIPO had notified the deposit by the Government of the Kingdom of Denmark of a declaration that withdrew the declaration made upon ratification of the Madrid Protocol to the effect that "the Protocol should not apply to the Faroe Islands".

Source: www.wipo.int


02-17-2016 (Newsletter Issue 3/16)
Madrid Protocol to Cover Faroe Islands
The Faroe Islands will be part of the Madrid System with effect from April 13, 2016.

On January 13, WIPO has notified the deposit by the Government of the Kingdom of Denmark of a declaration that withdraws the declaration which was made upon ratification of the Madrid Protocol to the effect that "the Protocol should not apply to the Faroe Islands".

Source: www.wipo.int


02-17-2016 (Newsletter Issue 3/16)
Hague Agreement to Apply to Faroe Islands
WIPO refers to the deposit by the Government of the Kingdom of Denmark, on September 9, 2008, of its instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999 (the "Geneva Act"). The said instrument contained a declaration that "until later decision, the Geneva Act will not be applied to the Faroe Islands or to Greenland".

WIPO notified the deposit by the Government of the Kingdom of Denmark, on January 13, 2016, of a declaration according to which it withdraws the one made upon ratification of the said Act "to the effect that until further notice, the Act should not apply to the Faroe Islands".

The said declaration will enter into force on April 13, 2016.

Source: www.wipo.int


03-04-2014 (Newsletter Issue 4/14)
IP Marketplace now in English
The Danish online service IP Marketplace is now available in English. It is managed by the Danish Patent and Trademark Office since 2007.

IP Marketplace is the place in which buyers and sellers of IP rights are introduced to each other. On IP Marketplace you can find rights that are offered for sale or license of IP rights. You can also search for rights which you would like to buy or license yourself. IP Marketplace is free of charge for both buyers and sellers.

To access the IP Marketplace please click here.

Source: www.ip-marketplace.org


11-01-2010 (Newsletter Issue 16/10)
Validity of International Registration in Greenland
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments and has the honor to refer to the deposit by the Kingdom of Denmark, on November 10, 1995, of its instrument of ratification of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989 ("Madrid Protocol (1989)"). The said instrument contained a declaration that "until later decision, the Protocol will not be applied to the Faroe Islands or to Greenland".

The Director General has the honor to notify the deposit by the Government of the Kingdom of Denmark, on October 11, 2010, of a declaration according to which it withdraws the one made upon ratification of the Protocol "to the effect that until further notice the Protocol should not apply to Greenland".

The said declaration will enter into force on January 11, 2011.

For more information please click here


Legal basis is the Danish Trademark Act, consolidated act no. 223 of the February 26, 2017 (Trademark Act).
It is valid on the Faroe Islands and Greenland as well.
Denmark is a member of the Madrid Protocol and the European Union.
Trademark protection can be obtained either by registration or through use of the mark on the Danish market.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, the three-dimensional form of a good or its packaging, sound marks, holograms, motion marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Danish Patent and Trademark Office (DKPTO).
Multiple-class applications are possible.
There is no need or demand for a local agent, but the list of goods and services has to be in Danish.
There are no formal requirements for a power of attorney in accordance to the Trademark Act.
Foreign applicants do not need a domestic registration, if their home country is a member of the WTO or the Paris Convention.
The application process includes a formal examination, an examination of the absolute grounds (distinctiveness, whether the mark is misleading and whether the mark is in contrary to law, public order or -morality) with an informative search for relative grounds fro refusal, namely prior trademarks and company names by the DKPTO. Relative grounds do not bar the registration but can be used by the owner of the earlier right as a basis for an opposition or a cancellation action. All owners of earlier rights may file an opposition or cancellation action.
The processing time from first filing to registration or first office action is approximately 3 months.
After registration, the trademark is published in the weekly “Dansk Varemærketidende”.
National:
The opposition period is 2 months from the publication date of the registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins at the date of application. A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years.
The grace period is 6 months, cf. Section 27(1) of the Trademark Act, beginning at the expiration date.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from the date of termination of the registration procedure or at the end of the opposition procedure (which ever comes the latest), or if such use has been suspended during an uninterrupted period of five years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is DKK 2,350 for up to three classes and DKK 600 for each additional class. There is no registration or publication fee.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 40,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Further practical details are available in our publication on this topic here
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
06-28-2017
Gorissen Federspiel, Copenhagen, Denmark

05-12-2016
Gorissen Federspiel, Aarhus C, Denmark

02-10-2015
Gorissen Federspiel, Copenhagen, Denmark

08-20-2013
Patrade A/S, Aarhus C, Denmark

08-16-2013
Gorissen Federspiel, Aarhus C, Denmark

07-18-2012
Wallberg IP Advice, Copenhagen, Denmark

07-04-2011
Patrade A/S, Aarhus C, Denmark



Awapatent

Rigensgade 11
1316 Copenhagen K
Denmark

Chas. Hude A/S

H.C. Andersens Boulevard 33
1780 Copenhagen
Denmark (DK)

MAQS Law Firm

Pilesträde 58
1112 Copenhagen K
Denmark (DK)

The Danish Patent and Trademark Office (DKPTO)
Helgeshøj Allé 81
2630 Taastrup
Denmark
Tel +45 43 50 80 00
Fax +45 43 50 80 01
Mail pvs@dkpto.dk
www.dkpto.dk

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int