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11-01-2010 (Newsletter Issue 16/10)Validity of International Registration in GreenlandThe 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 Consolidated Trademark Act of January 24th, 2012.
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 application or through use of the mark on the Danish market.
Nice classification, 10th 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: trade marks, service marks, collective marks and certification marks.
The application is filed at the Patent Office.
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 language.
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 or public morality) with an informative search for prior trademarks and company names by the Danish PTO. Relative grounds do not bar the registration but can be used by the right holder as a basis for an opposition or a revocation action.
The processing time from first filing to registration or first office action is approx. 3 months.
After registration, the trademark is published in the weekly “Dansk Varemaerketidende”.
The opposition period is 2 months from the publication date of the registration.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
Protection begins with 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. § 27,1 of the Consolidated Trademarks Act, starting on the expiration date.
If the trademark has not been used within 5 years from the date of the termination of the registration procedure, or within a continuous period of 5 years thereafter, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no third party has applied for an identical or similar trademark in the meantime and if no party has requested cancellation due to non-use.
The official fee is DKK 2,350.00 (EUR 316.00) for up to three classes and DKK 600.00 (EUR 81.00) for each additional class.
Trademark Licence Agreement
In Denmark a licence agreement may be concluded orally or in writing. It is advisable to grant a licence in writing for the purpose of evidence. Licensing of unregistered marks is permitted. A licence may be restricted to only some of the goods or services covered by the trademark registration. The sale of a registered trademark does not automatically terminate a licence. There are no statutory provisions or common law principles prescribing the terms of licensing.
There are provisions in law for the recordal of a licensee with the Trademark Office. These provisions are voluntary. There is no time frame for a recordal and there are no documentary requirements as to the form or content of a licence agreement. No publication is required.
A licence agreement becomes enforceable against third parties from its effective date.
There is an evidentiary presumption that use of a recorded licensee is permitted use. A licensee may join the trademark owner in infringement proceedings. According to Danish Trademark Law the licensee is entitled to institute infringement proceedings in his own name at any time, unless the licence agreement contains provisions to the contrary. The licensee does not need to cite the trademark owner as co-defendant in any such proceedings.
|Word Mark Search (availability)
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Faroer Islands (FO)
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
A national Danish trademark registration automatically extends to the Faroe Islands. No further action is required. The Faroe Islands are not a part of the European Union. Accordingly, Community Trademarks are not valid in the Faroe Islands. The Faroe Islands were not included when Denmark adhered to the Madrid Protocol in 1996. International Registrations designating Denmark accordingly do not cover the Faroe Islands.
A national Danish trademark registration automatically extends to Greenland. No further action is required. Greenland is not part of the European Union. Accordingly, Community Trademarks are not valid in Greenland. Greenland was not included when Denmark adhered to the Madrid Protocol in 1996. However, this reservation was withdrawn with effect from 11 January 2011. For designations made on or after this date, an International Registration designating Denmark is also valid in Greenland. The period for filing an opposition against an International Registration designating Denmark is 2 months, starting from the date of national publication.
We would like to thank the following law firms for their assistance in updating the information provided:
Wallberg IP Advice, Copenhagen, Denmark
, Aarhus C, Denmark Dependent Territories
, Aarhus C, Denmark
Wallberg IP Advice, Copenhagen, DenmarkLicensing
Wallberg IP Advice, Copenhagen, Denmark
, Aarhus C, Denmark