WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIIIDNKlT 11 
26 August 1996 
(96-3357) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Denmark 
The present document reproducesl the Trademarks Act No. 341 of 6 June 1991, as notified 
by Denmark under Article 63.2 of the Agreement (see document IP/N!lIDNKl1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Danemark 
Le present document contient le texte de la Loi n° 341 du 6 juin 1991 sur les marques de 
fabrique ou de commercel, notifiee par le Danemark au titre de l'article 63:2 de l' Accord (voir le 
document IP/N/1/DNK/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS 
A LA PROPIEDAD INTELECTUAL NOTIFICADOS EN 
VIRTUD DEL pARRAFO 2 DEL ARTICULO 63 
DEL ACUERDO 
Dinamarca 
En el presente documento se reproducel la Ley de Marcas de Fabrica 0 de Comercio, N° 341, 
de 6 de junio de 1991, notificada por Dinamarca en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP 1Nl 1 ID NKl1). 
lEnglish only/anglais seulement/ingles solamente. IP IN/lIDNKlT 11 
Page 2 
INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
ties. DENMARK 
Trademarks Act 
(Act No. 341 of June 6, 1991)* 
TABLE OF CONTENTS** 
PARTl 
General Provisions ..........••••.•..•............ 
Signs of Which a Trademark May Consist ...........•..•. 
Establishing a Trademark Right •••••.••..••..•..•...•. 
Contents of the Trademark Right .••••.. .......•....... 
Limitations to the Rights of the Proprietor ....•..•.•...... 
Exhaustion. • • . • . • • . . • . . • . • . . . . . • . • . . . • . . . . . . . . . 
Conflicting Rights .......•.•.•••...•....•••....... 
Reproduction of a Trademark in Dictionairies. etc. . ..•...... 
PART Il 
Registration of Trademarks •....•.•.......•.•........ 
Grounds for Refusal ..•••..•...•.••...•......... .. 
Disclaimers • . • . • . • • • . . . • . • . . • . . • . . . . . • . . . . . . • • . 
Classes of Goods ...•....••.•.••.....••..•........ 
Convention Priority. . . . . . . . . . . . • . . . . .•......•...... 
Exhibjtion Priority .•...•.....••........••.•.•..•. 
Processing of Applications .•.........•..•...•...•..• 
Claiming a Right to a Trademark ............••......•. 
Registration ••............•..............•...... 
Opposition .•••.••.•••.....••.•........•..•...... 
Amendment of Trademarks .•.•...•••......•..••...•• 
Requirement of Use .••.••.••.•..•........•...•... 
Duration of the Registration . . . • . • • . . . . . . . • . . . ...•.... 
Renewal ...•....••.••.........•...•...•....•.. 
PART III 
Termination of the Registration •.•....•.••.•....•.•.... 
Revocation by Court Decision .•..•••.......•..••...•. 
Administrative Revocation ..•.•.•••.••....•...•...... 
Cancellation. . . • . • • • . . • • . . • . . . • . . . . . . . • . . .• : ....• 
Deletion .••.....••..........•..•.... •...•• _ .... 
PARTlY 
Special Provisions Relating to the Registration of Foreign Trade­
marks 
Domestic Registration .....••.....•....••........ 
Agents ...•.........................•....••.. 
* Danish title: Varemrerkelov. 
Entry into force: January 1. 1992. 
Source: Communication from the Danish authorities. 
Note: English translation furnished by the Danish authori-
** Added by WIPO. 
DK Sections 
1 
2 
3 
4 
5 
6 
7 to 10 
11 
12 
13 to 15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 and 31 
32 
33 and 34 
35 and 36 
37 LA WS AND TREATIES 
DENMARK -Text 3-001 INDUSTRIAL PROPERTY -JULY/AUGUST 1992 IP IN I I/DNK/T 11 
Page 3 
LA WS AND TREATIES 
PART V 
Transfer and Licensing, etc. . ...............••. '" ..... 38 and 39 
40 
41 Licensing ......•......................•....... 
Mortgage and Execution ........................... . 
PART VI 
Provisions Concerning the Legal Protection 42 to 45 
PART VII 
Miscellaneous Provisions ........................... . 46 to 49 
PART VIII 
International Trademark Registration . . • . . . . . . . . . . . . . . . . . 50 
Effects of an International Registration .................. 51 
Refusal. . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . . . . . • . . . . 52 
Lapse and Proceeding Under Danish Law ...........•.... 53 
Prohibition Against Double Protection ..•............•.. 54 
Application for International Trademark Registration on the Basis 
of an Application or Registration in Denmark .. . . . . . . . . . 55 to 58 
Renewal, etc. . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 and 60 
PART IX 
Provisions as to Entry Into Force and Transitional Provisions ... 61 to 63 
Part I 
General Provisions 
1. Pursuant to the provisions of this Act persons 
and enterprises may obtain an exclusive right to 
trademarks (trademark right). Trademarks mean 
distinctive signs for goods or services being used or 
intended to be used by a commerical enterprise. 
Signs of Which a Trademark May Consist 
2.-( 1) A trademark may consist of any sign 
capable of distinguishing the goods or services of 
one enterprise from those of other enterprises and 
capable of being represented graphically, in partic­
ular: 
(i) words and word combinations, including 
slogans, personal names, company names or names 
of real property; . 
(ii) letters and numerals; 
(iii) pictures and designs; or 
(iv) the shape, equipment or packaging of the 
goods. 
(2) A trademark right shall not be acquired for 
signs which consist exclusively of a shape which is 
dictated by the goods themselves, a shape of goods 
DENMARK -Text 3-001 which is necessary to obtain a technical result or a 
shape which gives substantial value to the goods. 
Establishing a Trademark Right 
3.-( 1) A trademark right may be established 
either: 
(i) by registration of a trademark in accordance 
with the rules of this Act for the goods or services 
comprised by the registration; or 
(ii) by commencement of use of a trademark in 
this country for the goods or services for which the 
trademark has commenced to be used and for which 
it is continuously used. 
(2) Use of a trademark which according to its 
nature is excluded from registration shall not estab­
lish any trademark right. 
(3) If the trademark is devoid of the required 
distinctive character on commencement of use, the 
right shall not be established until a distinctive char­
acter is created by use of the mark. 
Contents of the Trademark Right 
4.-(1) The proprietor of a trademark right shall 
be entitled to prohibit all persons not having his 
DK IP IN I lIDNKlT 11 
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INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
consent from using in the course of trade any sign 
which is identical with or similar to the trademark: 
(i) if the use relates to goods or services which 
are identical with or similar to those comprised by 
the trademark right; and 
(ii) there exists a likelihood of confusion 
including the likelihood of assuming a connection 
between the trademarks. 
(2) Irrespective of the limitation in subsection (1) 
to goods or services identical with or similar to those 
covered by the trademark, the proprietor of the trade­
mark shall be entitled to prohibit the use of the 
trademark also in relation to goods or services which 
are not identical or similar where the trademark is 
well known in this country and the use would take 
unfair advantage of, or be detrimental to, the distinc­
tive character of the repute of the trademark. 
(3) Use in the course of trade means in partic­
ular: 
(i) affixing the sign to the goods or to the pack­
aging thereof; 
(ii) offering the goods for sale, putting them on 
the market or stocking them for that purpose or 
offering or supplying services under the sign in 
question; 
(iii) importing or exporting the goods under the 
sign in question; or 
(iv) using the sign on business papers and in 
advertising. 
Limitations to the Rights of the Proprietor 
5. The proprietor of a trademark right shall not 
be entitled to prohibit others from using, in the 
course of trade and in accordance with honest prac­
tices in industrial or commercial matters: 
(i) his own name and address; 
(ii) indications concerning the kind, quality, 
quantity, intended purpose, value or geographical 
origin of the goods or services, the time of produc­
tion of the goods or of rendering the service or other 
characteristics of the goods or services; or 
(iii) the tradem'ark when it is necessary for the 
indication of the intended purpose of the goods or 
services, in particular as accessories or spare parts. 
Exhaustion 
6.-( I) The proprietor of a trademark shall not be 
entitled to prohibit the use of the trademark in rela-
DK LAWS AND TREATIES 
tion to goods which have been put on the market in 
the European Community under that trademark by 
the proprietor himself or with his consent. 
(2) Subsection (1) shall not apply if there are 
legitimate reasons for the proprietor to oppose 
further commercialization of the goods, especially 
where the condition of the goods has been changed 
or impaired after they have been put on the market. 
Conflicting Rights 
7. If two or more parties individually claim a 
trademark right in the same or similar signs, the 
right which has arisen first shall have priority, unless 
otherwise provided in the following Sections. A 
registered right shall be deemed to have arisen on 
the date of filing of the application for registration, 
cf. Section 12, or on the date from which priority is 
claimed pursuant to the rules of Section 18 or 19. 
8. A later right in a registered trademark may 
coexist with an earlier right in a confusingly similar 
trademark, provided that the registration was applied 
for in good faith and that the proprietor of the earlier 
riO'ht has been aware of and tolerated the use in this e 
country of the later right for a period of five succes-
sive years. 
9. A later right in a trademark may also coexist 
with an earlier right in a confusingly similar trade­
mark if the proprietor of the earlier right has not. 
within a reasonable time, taken the necessary steps 
to prevent the use of the later mark. 
10.-(1) In the cases referred to in Sections 8 
and 9, the proprietor of a later trademark shall not 
be entitled to oppose the use of an earlier trademark 
even if the proprietor of the earlier trademark may 
no longer invoke his right against the later trade-
mark. . 
(2) In the cases referred to in Section 9, it may 
be decided, if it is deemed reasonable, that one or 
both of the trademarks shall only be used in a 
special manner, for example, in a particular shape or 
with the addition of an indication of locality. 
Reproduction of a Trademark in Dictionaries, etc. 
11.-( 1) In encyclopaedias, handbooks, textbooks 
or similar publications of a professional nature the 
DENMARK -Text 3-001 INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
author, editor and publisher shall, at the request of 
the proprietor of a registered trademark, ensure that 
the trademark is not reproduced without indication to 
the effect that it is a registered trademark. 
(2) If any party fails to comply with the provi­
sion of subsection (1), he shall be liable to pay the 
costs of publishing a correcting notice in the manner 
deemed reasonable. 
Part 11 
Registration of Trademarks 
12.-( 1) An application for the registration of a 
trademark shall be filed in writing with the Patent 
Office. The application shall contain a reproduction 
of the trademark and state the applicant's name or 
company. Furthermore, the goods or services for 
which registration of the trademark is applied for 
shall be stated. 
(2) The application shall be drawn up in accor­
dance with the provisions laid down pursuant to 
Section 48. The prescribed fee shall accompany the 
application. 
(3) The Patent Office shall keep a Register of 
Trademarks. The Office shall publish registrations, 
etc. 
Grounds for Refusal 
13.-( 1) For a trademark to be registered it shall 
be of the nature referred to in Section 2, including a 
distinctive character. 
(2) The following trademarks shall not be regis­
tered: 
(i) trademarks which consist exclusively of signs 
or indications which may serve, in trade, to desig­
nate the kind, quality, quantity, intended purpose, 
value, geographical origin, or the time of production 
of the goods or of rendering the services or other 
characteristics of the goods or services; 
(ii) trademarks which consist exclusively of signs 
or indications which are customarily used to desig­
nate the goods or services in the current language or 
in the established practices of the trade. 
(3) Irrespective of the provisions of subsections 
(l) and (2), a trademark may be registered if, before 
DENMARK -Text 3-001 IP 1Nl 1 IDNK/T 11 
Page 5 
LA WS AND TREATIES 
the filing of the application, in consequence of the 
use which has been made thereof, it has acquired a 
distinctive character. 
14. Furthennore, the following shall not be regis­
tered: 
(i) trademarks which are contrary to law, public 
order or morality; 
(ii) trademarks which are liable to mislead the 
public, for instance, as to the nature, quality or 
geographical origin of the goods or services; 
(iii) trademarks which have not been authorized 
by the competent authorities and are to be refused 
pursuant to Article 6ter of the Paris Convention for 
the Protection of Industrial Property, and trademarks 
which include badges, emblems, and escutcheons 
which are of public interest, unless the consent of 
the appropriate authority to their registration has 
been given; 
(iv) trademarks which without permission consist 
of or contain an element which can be construed as a 
personal name or company name to which another 
party has a legal title, or as a portrayal provided 
allusion is not made to persons long dead, or which 
without pennission contain a distinctive name, or a 
picture of the real property, of another party; 
Cv) trademarks which without permission consist 
of or contain an element which can be construed as a 
distinctive title of the protected literary or artistic 
work of another party or which infringe the copy­
right in such works or the right to a photograph of 
another party or the industrial property rights of 
another party. 
15.-(1) A trademark shall not be registered if: 
(i) it is identical with an earlier trademark, and 
the goods or services for which the trademark is 
sought to be registered are identical with the goods 
or services Jor which the earlier trademark is 
protected; or 
(ii) there exists a likelihood of confusion. 
including a likelihood of association, with the earlier 
trademark because the later trademark is identical 
with or similar to the earlier trademark and the 
goods or services are identical or similar. 
(2) For the purpose of subsection (1), earlier 
trademarks mean: 
(i) marks of the following categories in respect 
of which the date of application for registration is 
earlier than the d~te of application for registration of 
DK IP IN/lIDNKlT 11 
Page 6 
INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
the trademark. taking account, where appropriate, of 
the priorities claimed in respect of those marks: 
(a) Community trademarks~ 
(b) trademarks registered in this country; or 
(c) trademarks registered under international 
agreements and having effect in this country; 
(ii) Community trademarks which claim 
seniority, in accordance with the Regulation on the 
Community trademark, in relation to a trademark 
referred to under (i)( h) and (c), even if the latter 
trademark has been surrendered or has lapsed; 
(iii) applications for trademarks referred to under 
(i) and (ii), subject to their registration; 
(iv) trademarks which, on the date of application 
for registration of the trademark. or. where appro­
priate, of the priority claimed in respect of the appli­
cation for registration of the trademark, are well 
known in this country, in the sense in which the 
words "well known" are used in Article 6his of the 
Paris Convention. 
(3) A trademark shall, furthermore, not be regis­
tered if it is identical with or similar to an earlier 
Community trademark within the meaning of subsec­
tion (2) and is sought to be registered for goods or 
services which are not similar to those for which the 
earlier Community trademark is registered, provided 
that the earlier Community trademark is well known 
in the Community and the use of the later trademark 
would take unfair advantage of, or be detrimental to, 
the distinctive character or the repute of the earlier 
Community trademark. 
(4) A trademark shall, moreover, not be regis­
tered if: 
(i) the trademark is identical with or similar to 
an earlier Danish trademark within the meaning of 
subsection (2) and is sought to be registered for 
goods or services which are not similar to those for 
which the earlier trademark is registered. where the 
earlier trademark is well known in this country and 
where the use of the later trademark would take 
unfair advantage of, or be detrimental to, the distinc­
tive character or the repute of the earlier trademark; 
or 
(ii) in consequence of use in this country a right 
has been acquired to an identical or confusingly 
similar trademark or to another identical or confus­
ingl y similar sign used in the course of trade prior to 
the date of the application for registration of the later 
trademark, or, where appropriate, the date of the 
priority claimed in respect of the application for 
registration of the later trademark. 
DK LAWS AND TREATIES 
(5) A trademark shall not be excluded from regis­
tration pursuant to the provisions of subsections (1) 
to (4) where the proprietor of the earlier trademark 
or other earlier rights consents to the registration of 
the later trademark. 
Disclaimers 
16.-(1) A trademark right acquired by registra­
tion shall not include such elements of the trademark 
as cannot be registered separately. 
(2) If a trademark contains such elements, and 
there is special reason to assume that registration 0 
the trademark may cause doubt as to the scope of the 
trademark right, such elements may on registration 
be explicitly excepted from the protection. 
(3) If elements of the trademark which have been 
excepted from the protection appear later on to have 
become registrable, a new registration may be made 
of these elements or of the actual trademark without 
the limitation referred to in subsection (2). 
Classes of Goods 
17. Trademarks shall be registered In one or 
more classes of goods or services. The Minister of 
Industry shall lay down provisions concerning the 
division into classes. 
Convention Priority 
18.-( 1) If an application for the registration of a 
trademark is filed in this country within six months 
after the filing of the first application for the regis­
tration of the trademark in a country party to the 
Paris Convention for the Protection of Industrial 
Property, the application shall on request receive 
priority from the first filing date. 
(2) Subject to reciprocity, subsection (1) shall 
apply mllfatis mutandis to trademarks sought to be 
registered for the first time in a country which is not 
a party to the Paris Convention. 
Exhibition Priority 
19. If an application for the registration of a 
trademark is filed in this country within six months 
after the trademark has been used for the first time 
for goods displayed at an official or officially recog-
DENMARK -Text 3-001 INDUSTRIAL PROPERIT -JULY/AUGUST 1992 
nized international exhibition, the application shall 
on request receive priority from that date. The exhi­
bitions referred to are such exhibitions as are defined 
in the Convention on International Exhibitions signed 
on November 22, 1928, as subsequently revised. 
Processing of Applications 
20.-( 1) If the application does not comply with 
this Act or the provisions laid down pursuant to this 
Act, or if the Patent Office has other objections to 
the acceptance of the application, the Patent Office 
shall notify the applicant accordingly and invite him 
to file his observations within a specified time limit. 
(2) On the expiry of the time limit, the Patent 
Office shall decide on the application unless the 
applicant is invited again to file observations. 
Claiming a Right to a Trademark 
21.-( 1) If anybody claims to be entitled to a 
trademark for which registration has been applied for 
or to a registered trademark, the Patent Office may, 
if it finds the question doubtful, invite him to bring 
it before the courts within a time limit to be speci­
fied. If the invitation is not complied with, the claim 
may be disregarded. Information to that effect shall 
be given in the invitation. 
(2) If legal proceedings have been brought 
concerning the right to a trademark, the processing 
of the application by the Patent Office may be 
suspended until a final decision has been given in 
the legal proceedings. 
Registration 
22. When the application has been accepted, the 
trademark shall be registered, and the registration 
shall be published. 
Opposition 
23.-( 1) When the registration has been published, 
opposition may be filed against the validity of the 
registration. The opposition, which shall be reasoned, 
sh;n be filed in writing with the Patent Office within 
two months from the date of publication. The propri­
etor of the registered right shall be notified of the 
opposition and be given an opportunity to file his 
observations. 
DENMARK -Text 3-00 I . IP 1Nl liD NKlT 11 
Page 7 
LAWS AND TREATIES 
(2) If the opposition is rejected, this s?al1 be 
communicated to· the opponent and the propnetor of 
the right. 
(3) If the opposition is allowed, the registr~t~on 
shall be declared void in full or in part. The deCISIOn 
to that effect shall be published when it is final. 
Amendment of Trademarks 
24.-(1) At the request of the proprietor, insignifi­
cant amendments of a registered trademark may be 
made, provided the general impression of the trade­
mark is not influenced by the amendment. 
(2) Amendments of registered trademarks shall be 
entered in the Register and published. 
Requirement of Use 
25.-( 1) If, within a period of five years following 
the date of the completion of the registration proce­
dure, the proprietor has not put the trademark to 
genuine use in this country in connection with the 
goods or services in respect of which it is registered, 
or if such use has been suspended during an uninter­
rupted period of five years, the registration may be 
revoked, cf. Section 28, unless there are proper 
reasons for non-use. 
(2) The following shall also constitute use within 
the meaning of subsection (1): 
(i) use of the trademark in a form which does 
not significantly differ from the fonn in which it was 
registered; 
(ii) affixing the trademark to goods or to the 
packaging thereof in this country solely for export 
purposes. 
(3) Use of the trademark with the consent of the 
proprietor sh~ll be deemed to constitute use by the 
proprietor. 
Duration of the Registration 
26.-( 1) The rights obtained by registration of a 
trademark shall be effective from the date on which 
the application is filed pursuant to Section 12, cf. 
Sections 18 and 19, and shall continue to be effec­
tive for 10 years from the date of registration. 
(2) The registration may be renewed for periods 
of 10 years from the expiry of the period of registra­
tion concerned. 
OK IP IN/lIDNKlT /l 
Page 8 
fNDUSTRIAL PROPERTY -JULY/AUGUST 1992 
Renewal 
27.-(1) Application for renewal shall be made by 
payment to the Patent Office of the prescribed fee 
not earlier than three months before and not later 
than six months after the expiry of the registration 
period. 
(2) If the application is accepted, the renewal 
shall be entered in the Register. 
(3) The Patent Office shall collect renewal fees 
from the proprietor of the trademark or his agent, but 
shall not be held responsible for any loss of right as 
a consequence of non-collection. 
(4) If the application does not comply with the 
provisions laid down, the Patent Office shall notify 
the applicant accordingly and prescribe a time limit 
for the applicant to file his observations. 
(5) On the expiry of the time limit, the Patent 
Office shall decide on the application, unless the 
applicant is invited again to file his observations. 
Part III 
Termination of the Registration 
28.-( 1) If a trademark is registered contrary to 
the provisions of this Act, the registration may be 
revoked, cf., however, Sections 8 and 9. If the 
grounds for revocation are a lack of distinctive char­
acter or the like, cf. Section 13, the use which has 
taken place after the registration, cf. Section 13(3), 
shall also be taken into account. 
(2) A registration may also be revoked if the 
trademark: 
(i) is not used in accordance with Section 25; 
(ii) in consequence of the activity or inactivity of 
a proprietor, has become the common name in the 
trade for the product or service in respect of which it 
is registered; or 
(iii) in consequence of the use made of it by the 
proprietor of the trademark or with his consent in 
respect of the goods or services for which it is regis­
tered. is liable to mislead the public, particularly as 
to the nature, quality or geographical origin of the 
goods or services. 
(3) Revocation of a trademark under subsection 
(2)(i) may not be claimed where, in the interval 
between the expiry of the five-year period and the 
DK LAWS AND TREATIES 
filing of the application for revocation, genuine use 
of the trademark has been commenced or resumed. 
The commencement or resumption of use within a 
period of three months preceding the filing of the 
application for revocation shall, however, be disre­
garded where preparat~ons for the commencement or 
resumption occur only after the proprietor has 
become aware that an application for revocation may 
be filed. 
(4) Where grounds for revocation exist in respect 
of only some of the goods or services for which the 
trademark has been registered. the revocation shall 
cover those goods or services only. 
Revocation by C ollrt Decision 
29. Revocation of a registration under Section 28 
shall be made by a court decision. Proceedings shall 
be instituted against the proprietor and may be insti­
tuted by any person with a legal interest therein. 
Proceedings pursuant to the provisions of Sections 
13 and 14(i) to (iii) may also be instituted by the 
Patent Office. 
Administrative Revocation 
30.-( 1) At the request of any person with a legal 
interest therein, and on payment of the prescribed 
fee, the Patent Office may revoke a trademark regis­
tration, provided that the condition for revocation in 
Section 25, cf. Section 28(2)(i), is fulfilled. 
(2) The decision of the Patent Office may be 
brought before the Patent Board of Appeal and the 
courts in accordance with Section 46. However, the 
proprietor of the trademark may at any time institute 
proceedings against the person claiming revocation 
of the registration whether or not the Patent Office 
has made a decision on the case. 
31.-( 1) If there is reasoned doubt as to the exis­
tence of a proprietor of a trademark or if his address 
is unknown, any person with a legal interest therein 
may request that the trademark be deleted from the 
Register. 
(2) Prior to any deletion, the Patent Office shall 
request the proprietor to come forward within a time 
limit fixed by the Patent Office. Notification of the 
time limit shall be given by registered letter or a 
similar. satisfactory method. If the address of the 
proprietor is unknown, the time limit shall be 
DENMARK -Text 3-001 INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
communicated by public notification. If thereafter the 
proprietor has not come forward, the trademark shall 
be deleted from the Register. 
Cancellation 
32. If a' registration of a trademark, a renewal of 
a trademark registration or an entry of an amendment 
in the Register has been made by obvious mistake, 
the Patent Office may, within three months from the 
date of registration or the date of the entry, cancel 
the registration, the renewal or the entry. 
Deletion 
33. Deletion from the Register shall be made if: 
(i) the registration is not renewed; 
(ii) the proprietor of the trademark requests dele­
tion of the trademark; 
(iii) the registration is declared void pursuant to 
Section 23; or 
(iv) a decision is made or a judgment is given 
concerning revocation pursuant to Sections 29, 30, 
31 or 37(2). 
34. Office copies of any court decision 
concerning the registration of a trademark or the 
application for a trademark shall be communicated to 
the Patent Office by the relevant court. 
Part IV 
Special Provisions Relating to the 
Registration of Foreign Trademarks 
Domestic Registration 
35.-( 1) An applicant who does not conduct busi­
ness in this country and who is not a resident of a 
State which is a party to the Paris Convention for the 
Protection of Industrial Property shall document that 
a similar trademark is registered by him in his home 
country in respect of the same goods or services as 
comprised by the application. 
(2) Subject to reciprocity, the Minister of 
Industry may direct that subsection (1) shall not 
apply. 
DENMARK -Text 3-001 IP/N/I/DNKlT/l 
Page 9 
LA WS AND TREATIES 
36. Subject to reciprocity, the Minister of 
Industry may direct that trademarks which would not 
otherwise be registrable in this country, but which 
are registered in a foreign State, may be registered in 
this country such as they are registered in the foreign 
State. Such a registration shall not extend further 
than in the foreign State. 
Agents 
37.-( 1) A proprietor of a trademark who is not a 
resident of this country shall have an agent residing 
in this country to receive summonses and all other 
communications concerning the trademark on his 
behalf with binding effect on the proprietor. The 
name and address of the agent shall be entered in the 
Register of Trademarks. 
(2) If no appropriate agent is recorded. the 
proprietor of the trademark shall take steps to correct 
this matter within a time limit prescribed by the 
Patent Office. Notification of the time limit shall be 
given by registered letter or a similar, satisfactory 
method. If the address of the proprietor of a trade­
mark is unknown, the time limit shall be communi­
cated by publication. If an agent has not been 
appointed prior to the expiry of the time limit, the 
trademark shall be deleted from the Register. 
Part V 
Transfer and Licensing, etc. 
38.-( 1) The right to a trademark may be trans­
ferred in or without connection with the enterprise in 
which it is used. 
(2) If anybody transfers his enterprise, the right 
to the trademarks of the enterprise shall pass to the 
transferee unless it has been or is deemed to have 
been agreed otherwise. 
39.-(1) The transfer of the right to a registered 
trademark shall on request be entered in the Register 
of Trademarks. 
(2) Until the transfer has been communicated to 
the Patent Office, the proprietor of the trademark 
shall be deemed to be the latest person who is 
entered in the Register. 
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INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
Licensing 
40.-( 1) A trademark may be licensed for some or 
all of the goods or services for which it is registered 
and for the whole or part of the country. A license 
may be exclusive or non-exclusive. 
(2) At the request of the proprietor or the 
licensee, the license shall be entered in the Register 
of Trademarks. It shall also be entered in the 
Register when it is later established that the license 
has tenninated. 
(3) The proprietor of a trademark may invoke the 
rights conferred by the trademark against a licensee 
who contravenes any provision in the licensing 
contract with regard to its duration, the form in 
which the trademark may be used according to the 
registation, the nature of the goods or services for 
which the license is granted, the territory within 
which the trademark may be used, or the quality of 
the goods manufactured or the services provided "by 
the licensee. 
Mortgage and Execution 
41. If the right to a registered trademark has been 
mortgaged or a writ of fieri facias has been executed 
therein, the Patent Office shall at the request of the 
proprietor, the mortgagee or the execution creditor 
enter a note to that effect in the Register of Trade­
marks. 
Part VI 
Provisions Concerning the Legal Protection 
42.-( 1) Intentional infringement of a trademark 
right established by registration or use shall be 
punished by a fine. Under aggravating circum­
stances, including in particular if the purpose of the 
violation is a significant and obviously unlawful 
profit, punishment may be increased to ordinary 
imprisonment of not more than one year. 
(2) Proceedings in respect of violations 
comprised by subsection (1), first sentence, shall be 
brought by the injured party. Proceedings in respect 
of other violations shall be brought by the State at 
the request of the injured party. The cases shall be 
treated as proceedings instituted by the police. The 
remedies of Part LXXIII of the Administration of 
DK LAWS AND TREATIES 
Justice Act concerning search may be used to the 
same extent as in proceedings instituted by the 
Public Prosecutor. 
(3) If the violation has been committed by a 
limited liability company, a private limited company, 
a cooperative society or the like, the enterprise as 
such may be liable to a fine. If the violation has 
been committed by the State, a municipality or a 
municipal corporation, cf. Section 60 of the Admin­
istration of Local Authorities Act, the State. the 
municipality or the municipal corporation as such 
may be liable to a fine. 
43.-( 1) Anybody who intentionally or negligently 
infringes the trademark right of another person shall 
be liable to pay reasonable compensation for the 
exploitation of the trademark as well as damages for 
the further injury which the infringement may have 
caused. 
(2) If anybody commits infringement which is 
not intentional or due to negligence, he shall be 
liable to pay compensation and damages under the 
provisions of subsection (1) to the extent found 
reasonable. 
(3) If the trademark right is constituted by regis­
tration, the rules of subsection (I) shall also apply in 
the interval between the date of filing of the applica­
tion and the date of registration of the trademark. if 
the infringer knew or ought to have known that the 
application had been filed. 
(4) Civil cases for the outcome of which thl: 
application of this Act is significant shall be brought 
before the Maritime and Commercial Court in 
Copenhagen, unless the parties agree otherwise. 
44. In cases of infringement of a trademark right. 
the court may decide on measures to prevent the 
abuse of the trademark. In that respect, it may inter 
alia be decided that the illegally affixed trademarks 
shall be removed from the goods which are in the 
possession of the party concerned or are otherwise at 
that party's disposal or, if necessary, that the goods 
shall be destroyed or surrendered to the injured party 
in return for or without compensation. 
45.-( 1) If a license has been granted to use a 
trademark, the licensor as well as the licensee shall 
be deemed to be entitled to bring proceedings in 
cases of infringement of the trademark right, unless 
otherwise agreed. 
DENMARK -Text 3-001 INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
(2) A licensee who wishes to institute proceed­
ings shall inform the licensor thereof. 
Part VII 
Miscellaneous Provisions 
46.-( 1) The decisions of the Patent Office under 
this Act may be brought before the Patent Board of 
Appeal (Board of Appeal for Industrial Property) not 
later than two months after the date on which the 
party concerned was notified of the decision. The fee 
I for appeal shall be paid within the same time limit. 
If payment is not made, the appeal shall be rejected 
as inadmissible. Filing of appeals with the Patent 
Board of Appeal shall have suspensive effect. 
(2) The decisions of the Patent Board of Appeal 
may not be brought before any higher administrative 
authority. 
(3) Proceedings for the trial of decisions of the 
Patent Office which may be appealed against to the 
Patent Board of Appeal may not be brought before 
the courts until the decision of the Patent Board of 
Appeal has been given. Proceedings for the trial of 
decisions by the Patent Board of Appeal shall be 
brought within two months after the date on which 
the party concerned was notified of the decision. The 
proceedings shall have suspensive effect. 
47.-(1) The Patent Office may on request under­
take the solution of special tasks concerning trade­
marks and trademark rights. 
(2) The Minister of Industry shall lay down rules 
concerning the payment therefor. 
48. The Minister of Industry shall lay down 
further provisions concerning applications, priority 
claims, cf. Sections 18 and 19, registration and dele­
tion of trademarks and concerning the conversion of 
Community trademark applications and Community 
trademarks into national applications. The Minister 
of Industry shall, moreover, lay down further provi­
sions concerning the arrangement and keeping of the 
Register, concerning the publication of registrations, 
etc., and concerning fees for the filing and 
processing of applications, handling fees, fees for 
office copies, etc. The Minister of Industry may lay 
down specific rules concerning the days on which 
the Patent Office shall be closed. 
DENMARK -Text 3-001 IP 1Nl lIDNKlT /l 
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LA WS AND TREATIES 
49. If the Minister of Industry transfers his 
authority under this Act to the Patent Office. the 
Minister may lay down rules concerning the right of 
appeal including rules to the effect that appeals may 
not be brought before any higher administrative 
authority. 
Part VIII 
International Trademark Registration 
50. An international trademark registration means 
a registration under the agreement adopted in Madrid 
on April 14, 1891, concerning the international regis­
tration of marks as subsequently revised (the Madrid 
Agreement) or under the protocol relating to the 
Madrid Agreement (the Protocol) adopted in Madrid 
on June 27, 1989. 
Effects of an International Registration 
51. From the date of registration or from the date 
of a subsequent designation, an international trade­
mark registration designating Denmark shall have the 
same legal effect as if the trademark was registered 
in Denmark. 
Refusal 
52. Within the time limit laid down in the 
Madrid Agreement or the Protocol, the Patent Office 
may notify the International Bureau that the protec­
tion of the trademark is fully or partially refused in 
Denmark if the trademark does not comply with the 
conditions of registration under this Act or if an 
opposition is filed. 
Lapse and Proceeding Under Danish Law 
53.-(1) If the international trademark registration 
is invalidated, its validity shall also lapse in 
Denmark from the date of lapse of the international 
registration. 
(2) The proprietor of an international trademark 
registration under the Protocol may in that case file a 
Danish trademark application with the same effect as 
if the application had been filed on the filing date of 
the application for the international registration or 
the date of a subsequent designation, provided that: 
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INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
(i) the application is filed within three months 
after the date of deletion; 
(ii) the Danish trademark application does not 
comprise other goods or services than the interna­
tional trademark application; and 
(iii) the application, moreover, complies with the 
requirements of a trademark application and the 
applicant pays the prescribed fees. 
Prohibition Against Double Protection 
54.-( 1) In the cases where, at the request of the 
proprietor of the trademark, a trademark registered in 
Denmark is also the object of an international trade­
mark registration, the international trademark regis­
tration shall replace the Danish registration if: 
(i) Denmark is designated either originally or 
subsequently; 
(ii) the goods or services comprised by the 
Danish registration are also comprised by the inter­
national registration; and 
(iii) Denmark is designated at a later date than 
the date of application for the Danish registration. 
(2) The Patent Office shall on request enter in its 
Register the existence of an international trademark 
registration. 
Application/or International Trademark 
Registration on the Basis of an Application 
or Registration in Denmark 
ss. International trademark applications may be 
filed by applicants residing in Denmark who are 
proprietors of Danish trademark applications or 
registrations. 
56. International trademark applications or subse­
quent designations on the basis of an application or 
registration in Denmark shall be filed with the Patent 
Office pursuant to the provisions laid down by the 
Minister of Industry, cf. Section 60. The prescribed 
fee shall accompany the application. 
57. An international application shall only 
comprise the goods or services comprised by the 
Danish application or registration. 
58. On filing an international trademark applica­
tion, priority may be claimed pursuant to the Paris 
Convention. 
OK LA WS AND TREATIES 
Renewal, etc. 
59. The rules laid down in the Madrid Agreement 
and the Protocol shall apply to renewal. 
60. The Minister of Industry shall lay down 
further rules for implementation of the provisions of 
this Part of the Act. Special rules may be laid down 
concerning publication of the internationally regis­
tered trademarks, cf. Section 51, and on the filing of 
oppositions against them, cf. Section 52. The 
Minister of Industry may, furthennore, lay down 
rules concerning fees for the examination of cases in _ 
connection therewith. 
Part IX 
Provisions as to Entry Into Force 
and Transitional Provisions 
61.-(1) This Act shall enter into force on Janu­
ary 1, 1992, and at the same time the Consolidated 
Trademarks Act, No. 249 of April 17, 1989, shall be 
repealed. 
(2) The administrative rules laid down pursuant 
to the Consolidated Trademarks Act, cf. subsection 
(1), shall remain in force until they are replaced by 
provisions issued under this Act. 
(3) For trademarks which are registered prior to 
December 31, 1991, the five-year period unde: 
Section 25 shall not commence until January I, 
1992. 
(4) The provisions of Part VIII shall enter into 
force in their entirety or in part by order issued by 
the Minister of Industry. 
62. Applications which at the entry into force of 
this Act are not published in accordance with the 
previous provisions shall be processed pursuant to 
the provisions of this Act. 
63. This Act shall not apply to the Faroe Islands 
and Greenland, but may by Royal Decree be put into 
force for the Faroe Islands and Greenland with the 
amendments deemed appropriate considering the 
special Faroese and Greenland conditions. 
DENMARK -Text 3-001 INDUSTRIAL PROPERTY -JULY/AUGUST 1992 
Ordinance on the Entry Into Force of the 
Trademarks Act 
and the Collective Marks Act for Greenland 
(No. 856 of December 16, 1991)* 
Pursuant to Section 63 of Act No. 341 of June 6, 
1991, on Trademarks, and to Section 13 of Act 
No. 342 of June 6, 1991, on Collective Marks,1 the 
following is ordered: 
1. The said Acts shall enter into force for Green­
land on January 1, 1992, with the following amend­
ments: 
(1) Section 42 of the Trademarks Act: 
* Official title: Anordning om ikrafttrreden for Gronland af 
varemrerkelov og frellesmrerkelov. 
Entry into force (of the Trademarks Act of Denmark): 
January I, 1992. 
Source: Communication from the Danish authorities. 
Note: English translation furnished by the Danish authori-
ties. 
I See Industrial Property Law and Treaties, DENMARK­
Text 3-002 (Editor's note). 
DENMARK -Text 3-001 IPINI lIDNKlT 11 
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LAWS AND TREATIES 
"42.-( 1) Intentional infringement of a trade­
mark right established by registration or use shall 
be punished with a fine, unless heavier penalties 
are prescribed by other legislative texts. 
(2) Cases under subsection (1) shall be treated 
according to the law applicable in Greenland. 
(3) If the violation has been committed by a 
limited liability company, a private limited 
company, a cooperative society or the like, the 
enterprise as such may be liable to a fine. If the 
violation has been committed by the State or by 
the local administration, a municipality or a 
municipal corporation of Greenland, cf. Section 
57 of the Law on the Parliament [Landsting], the 
State or the municipality or municipal corpora­
tion, as such, may be liable to a fine." 
(2) Section 43(4) of the Trademarks Act is 
repealed. 
2. This Ordinance shall enter into force on the 
date of its publication in the law journal Lovtidende. 
DK