WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP IN/lID NKlT /1IRev.1 
10 January 2001 
(01-0112) 
Original: English/ 
anglais! 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DENMARK 
Revision 
The present document reproduces the textI of the Consolidated Trademarks Act N° 162, as 
notified by Denmark under Article 63.2 of the Agreement (see document IPIN/1/DNKllIRev.I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIFTE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
DANEMARK 
Revision 
Le present document contient le texteI de la Loi codifiee nO 162 sur les marques de fabrique 
ou de commerce, notifiee par le Danemark au titre de l'article 63:2 de l'Accord (voir le document 
IPIN!lIDNKllIRev.l). 
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 
Revision 
En el presente documento se reproduce el textoI de la Ley refundida de marcas de fabrica 0 de 
comercio N° 162, notificada por Dinamarca en virtud del parrafo 2 del articulo 63 del Acuerdo (vease 
el documento IPINI1!DNKllIRev.l). 
I In English only'/En anglais seulement.!En ingles solamente. IP/N/I/DNKlT/l/Rev.l 
Page 2 
The Ministry for Business and Industry 
Consolidate Act No 162 of 21st February 1997 
The Consolidate Trade Marks Act 
Notice is hereby given of the Trade Marks 
Act, cf. Act No. 341 of 6th June 1991, including 
the amendments which follow from Act No. 
1201 of 27th December 1996. 
Part I 
General Provisions 
Section 1 
Pursuant to the provisions of this Act per­
sons and enterprises may obtain an exclusive 
right to trade marks (trade mark right). Trade 
marks mean distinctive signs for goods or ser­
vices being used or intended to be used by a 
commercial enterprise. 
Signs of which a trade mark may consist 
Section 2 
(1) A trade mark may consist of any sign ca­
pable of distinguishing the goods or services of 
one enterprise from those of other enterprises 
and capable of being represented graphically, 
in particular: 
(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 trade mark right shall not be acquired 
for signs which consist exclusively of a shape 
which is dictated by the goods themselves, a 
shape of goods which is necessary to obtain a 
Erhvervsmin. 
Patendir.,j.nr. technical result or a shape which gives substan­
tial value to the goods. 
Establishing a trade mark right 
Section 3 
(1) A trade mark right may be established 
either 
(i) by registration of a trade mark in accord­
ance with the rules of this Act for the goods 
or services comprised by the registration; 
or 
(ii) by commencement of use ofa trade mark in 
this country for the goods or services for 
which the trade mark has commenced to be 
used and for which it is continuously used. 
(2) Use ofa trade mark which according to its 
nature is excluded from registration shall not 
establish any trade mark right. 
(3) If the trade mark is devoid of the required 
distinctive character on commencement of use, 
the right shall not be established until a distinc­
tive character is created by the use of the mark. 
Contents of the trade mark right 
Section 4 
(1) The proprietor ofa trade mark right shall 
be entitled to prohibit all persons not having 
his consent from using in the course of trade 
any sign if 
(i) the sign is identical with the trade mark, 
and the goods or services for which the sign 
is used are identical with the goods or ser­
vices for which the trade mark is protected, 
or (ii) the sign is identical with or similar to the 
trade mark, and the goods or services are 
identical with or similar to those covered 
by the trade mark, ifthere is a likelihood of 
confusion incI uding the likelihood of asso­
ciation with the trade mark. 
(2) Irrespective of the limitation in subsec­
tion (1) to goods or services being identical 
with or similar to those covered by the trade 
mark, the proprietor of the trade mark shall be 
entitled to prohibit the use of the trade mark 
also in relation to goods or services which are 
not identical or similar where the trade mark is 
weUknown in this country and the use would 
take unfair advantage of, or be detrimental to, 
the distinctive character or the repute of the 
trade mark. 
(3) Use in the course of trade means in par­
ticular: 
(i) affixing the sign to the goods or to the 
packaging 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 in the rights of the proprietor 
Section 5 
The proprietor of a trade mark right shall not 
be entitled to prohibit others from using, in the 
course of trade, and in accordance with honest 
practices in industrial or commercial matters: 
(i) his own name and address; 
(ii) indications concerning the kind, quality, 
quantity, intended purpose, value or geo­
graphical origin of the goods or services, 
the time of production of the goods or of 
rendering the services or other characteris­
tics of the goods or services; or 
(iii) the trade mark when it is necessary for the 
indication of the intended purpose of the 
goods or services, in particular as acces­
sories or spare parts. 
Exhaustion 
Section 6 
(1) The proprietor of a trade mark right shall 
not be entitled to prohibit the use of the trade IP/NIlIDNKJTIlIRev.l 
Page 3 
mark in relation to goods which have been put 
on the market in the European Community 
under that trade mark 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, espe­
cially where the condition of the goods has 
been changed or impaired after they have been 
put on the market. 
Conflicting rights 
Section 7 
If two or more parties individually claim a 
trade mark right in the same or similar signs, 
the right which has arisen first shall have 
priority, unless otherwise provided for 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. 
Section 8 
A later right in a registered trade mark may 
co-exist with an earlier right in a confusingly 
similar trade mark provided that the registra­
tion was applied for in good faith and that the 
proprietor of the earlier right has been aware of 
and tolerated the use in this country of the later 
right for a period of five successive years. 
Section 9 
A later right in a trade mark may also co­
exist with an earlier right in a confusingly simi­
lar 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. 
Section 10 
(1) In the cases referred to in sections 8 and 9, 
the proprietor of a later trade mark shall not be 
entitled to oppose the use of an earlier trade 
mark even if the proprietor of the earlier trade 
mark may no longer invoke his right against the 
later trade mark. 
(2) In the cases referred to in section 9, it may 
be decided, ifit is deemed reasonable, that one 
or both of the trade marks shall only be used in 
a special manner, for example in a particular IP /NIl IDNKlT 11 IRev.1 
Page 4 
shape or with the addition of an indication of 
locality. 
Reproduction ofa trade mark in dictionaries, etc. 
Section 11 
(1) In encyclopaedias, handbooks, textbooks 
or similar publications of professional nature 
the author, editor and publisher shall, at the re­
qu~st of the proprietor of a registered trade 
mark, ensure that the trade mark is not repro­
duced without indication to the effect that it is a 
registered trade mark. 
(2) Ifany party fails to comply with the provi­
sions of su bsection (1), he shall be liable to pay 
the costs of publishing a correcting notice in 
the manner deemed reasonable. 
Part II 
Registration of trade marks 
Section 12 
(1) An application for the registration of a 
trade mark shall be filed with the Patent Office. 
The application shall contain a reproduction of 
the trade mark and state the applicant's name 
or company. Furthermore, the goods or ser­
vices for which registration of the trade mark is 
applied for shall be stated. 
(2) The application shall be drawn up in ac­
cordance with the provisions laid down pur­
suant to section 48. The prescribed fee shall ac­
company the application. 
(3) The Patent Office shall keep a register of 
trade marks. The Office shall publish registra­
tions, etc. 
Grounds for reji1sai 
Section 13 
(l) For a trade mark to be registered it shall 
be of the nature referred to in section 2, includ­
ing a distinctive character. 
(2) The following trade marks shall not be 
registered: 
(i) trade marks which consist exclusively of 
signs or indications which may serve, in 
trade, to designate the kind, quality, quan­
tity, intended purpose, value, geographical 
origin, the time of production of the goods 
or of rendering the services or other charac­
teristics of the goods or services; (ii) trade marks which consist exclusively of 
signs or indications which are customarily 
used to designate the goods or services in 
the current language or in the established 
practices ofthe trade. 
(3) Irrespective of the provisions of subsec­
tions (1) and (2) a trade mark may be registered 
if, before the filing of the application in conse­
quence of the use which has been made thereof, 
it has acquired a distinctive character. 
Section 14 
Furthermore, the following shall not be reg­
istered: 
(i) trade marks which are contrary to law, 
public order or morality; 
(ii) trade marks which are liable to mislead the 
public, for instance as to the nature, 
quality or geographical origin of the goods 
or servIces; 
(iii) trade marks which have not been auth­
orized by the competent authorities and 
are to be refused pursuant to Article 6ter of 
the Paris Convention for the Protection of 
Industrial Property, and trade marks 
which include badges, emblems, and es­
cutcheons which are of public interest, un­
less the consent of the appropriate auth­
ority to their registration has been given; 
(iv) trade marks which without permission 
consist of or contain an element which can 
be construed as a personal name or com­
pany name to which another party has a 
legal title, or as a portrayal provided allu­
sion is not made to persons long dead, or 
which without permission contain a dis­
tinctive name of or a picture of the real 
property of another party; 
(v) trade marks 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 an­
other party or which infringe the copyright 
in such works or the right to a photograph 
of another party or the industrial property 
rights of another party. 
Section 15 
(1) A trade mark shall not be registered if: 
(i) it is identical with an earlier trade mark, 
and the goods or services for which the 
trade mark is sought registered are identi-cal with the goods or services for which the 
earlier trade mark is protected; or 
(ii) there exists a likelihood of confusion in­
cluding a likelihood of association with 
the earlier trade mark, because the later 
trade mark is identical with or similar to 
the earlier trade mark and the goods or 
services are identical or similar. 
(2) For the purpose of subsection 1 earlier 
trade marks mean: 
(i) marks of the following categories in re­
spect of which the date of application for 
registration is earlier than the date of ap­
plication for registration of the trade mark, 
taking account, where appropriate, of the 
priorities claimed in respect of those 
marks: 
a) Community trade marks; 
b) trade marks registered in this country; 
or 
c) trade marks registered under interna­
tional agreements and having effect in 
this country; 
(ii) Community trade marks which claim sen­
iority, in accordance with the Regulation 
on the Community trade mark, in relation 
to a trade mark referred to under (i) b) and 
c), even if the latter trade mark has been 
surrendered or has lapsed; 
(iii) aJ?plications for trade marks referred to 
under (i) and (ii), subject to their registra­
tion; 
(iv) trade marks which, on the date of applica­
tion for registration of the trade mark, or, 
where appropriate, of the priority claimed 
in respect of the application for registra­
tion of the trade mark, are well known in 
this country, in the sense in which the 
words »well known« are used in Article 
6bis ofthe Paris Convention. 
(3) A trade mark shall, furthermore, not be 
registered if 
(i) it is identical with or similar to an earlier 
Community trade mark, cf. subsection (2) 
and is sought registered for goods or ser­
vices which are not similar to those for 
which the earlier Community trade mark 
is registered, provided that the earlier 
Community trade mark is well known in 
the European Union and the use of the 
later trade mark will take unfair advantage 
of, or be detrimental to, the distinctive 
character or the repute of the earlier Com­
munity trade mark. IP/N/lIDNK/TlllRev.l 
Page 5 
(ii) it is identical with or similar to a »well 
known« trade mark, cf. subsection (2) 
(IV), and is sought registered for goods or 
services which are not similar to those for 
which the earlier trade mark is well 
known, provided that the use of the later 
trade mark may lead to a likelihood of as­
sociation between the marks, and the use 
will take unfair advantage of, or be det­
rimental to, the distinctive character or the 
repute of the earlier trade mark, or 
(iii) it is identical with or only insignificantly 
distinct from a trade mark, which at the 
date of filing of the application for regis­
tration or, where appropriate, of the 
priority claimed in respect of the applica­
tion for registration, has commenced to be 
used in another country and is still in use 
there for goods or services which are 
identical with or similar to those for which 
the later trade mark is sought registered, 
and the applicant at the date of the filing 
had, or should have had, knowledge of the 
foreign trade mark. 
(4) A trade mark shall moreover not be regis­
tered if: 
(i) the trade mark is identical with or similar 
to an earlier Danish trade mark within the 
meaning of subsection (2) and is sought 
registered for goods or services which are 
not similar to those for which the earlier 
trade mark is registered, where the earlier 
trade mark is well known in this country 
and where the use of the later trade mark 
would take unfair advantage of, or be det­
rimental to, the distinctive character or the 
repute ofthe earlier trade mark; or 
(ii) in consequence of use in this country a 
right has been acquired to an identical or 
confusingly similar trade mark or to an­
other identical or confusingly similar sign 
used in the course of trade prior to the date 
of filing of the application for registration 
of the later trade mark, or, where appro­
priate, of the priority claimed in respect of 
the application for registration of the later 
trade mark, if the proprietor of the earlier 
right can prohibit the use of the later trade 
mark. 
(5) A tra.de mark shall not be excluded from 
registration pursuant to the provisions of sub­
sections (1) to (4) where the proprietor of the 
earlier trade mark or other earlier rights con­
sents to the registration of the later trade mark. IP/NIl/DNK/TllIRev.1 
Page 6 
Disclaimers 
Section 16 
(1) A trade mark right acquired by registra­
tion shall not include such elements of the 
trade mark as cannot be registered separately. 
(2) If a trade mark contains such elements, 
and there is special reason to assume that regis­
tration ofthe trade mark may cause doubt as to 
the,scope of the trade mark right, such elements 
may on registration be explicitly excepted from 
the protection. 
(3) If elements of the trade mark which have 
been excepted from the protection appear later 
on to have become registrable, a new registra­
tion may be made of these elements or of the 
actual trade mark without the limitation 
referred to in subsection (2). 
Classes of goods 
Section 17 
Trade marks shall be registered in one or 
more classes of goods or services. The Minister 
of Business and Industry shall lay down provi­
sions concerning the division into classes. 
Convention priority 
Section 18 
(1) If an application for the registration of a 
trade mark is filed in this country within six 
months after the filing of the first application 
for the registration of the trade mark in a 
country party to the Paris Convention for the 
Protection of Industrial Property, or a member 
of the World Trade Organisation (WTO), the 
application shall on request receive priority 
from the first filing date. The priority implies 
that the application in relation to later occur­
ring circumstances, such as other parties' appli­
cations for or use of the trade mark, shall be 
considered filed at the same time as the filing of 
the application in the foreign state. 
(2) Subject to reciprocity subsection (1) shall 
apply mutatis mutandis to trade marks applied 
for the first time in a country which is not a 
party to the Paris Convention or a member of 
the World Trade Organisation. 
Exhibition priority 
Section 19 
If an application for the registration of a trade mark is filed in this country within six 
months after the trade mark has been used for 
the first time for goods displayed at an official, 
or officially recognized, international exhibi­
tion, the application shall on request receive 
priority from that date. The priority implies 
that the application in relation to later occur­
ring circumstances such as other parties' appli­
cations for or use of the trade mark, shall be 
considered filed at the same time as its use at 
the exhibition. The exhibitions referred to are 
such exhibitions as are defined in the Conven­
tion on International Exhibitions signed on 
22nd November 1928, as subsequently revised. 
Processing of applications 
Section 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 objec­
tions to the acceptance of the application, the 
Patent Office shall notify the applicant accord­
ingly 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 his observa­
tions. 
Claiming a right to a trade mark 
Section 21 
(1) Ifanybody claims to be entitled to a trade 
mark for which registration has been applied 
for or to a registered trade mark, the Patent Of­
fice may, ifit finds the question doubtful, invite 
him to bring it before the courts within a time 
limit to be specified. 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 instituted 
concerning the right to a trade mark, the pro­
cessing of the application by the Patent Office 
may be suspended until a final decision has 
been given in the legal proceedings. 
Registration 
Section 22 
When the application has been accepted, the 
trade mark shall be registered, and the registra­
tion shall be published. Opposition 
Section 23 
(1) When the registration has been pub­
lished, opposition may be filed against the va­
lidity of the registration. The opposition, which 
shall be reasoned, shall be filed with the Patent 
Office within two months from the date of pub­
lication. A fee, the amount of which shall be 
fixed by the Minister of Business and Industry, 
shall accompany the opposition. 
(2) If opposition has been filed, the Patent 
Office shall examine the registration in accord­
ance with section 20. Section 28 (5) shall also 
apply during the examination. The proprietor 
of the registered right shall be notified of the 
opposition and be given an opportunity to sub­
mit his observations. 
(3) If the registration is maintained, the per­
son having filed the opposition and the pro­
prietor of the right shall be given notice hereof. 
(4) If the registration is declared void in part 
or in full, the decision to that effect shall be 
published when it is final. 
Amendment of trade marks 
Section 24 
(1) At the request of the proprietor insignifi­
cant amendments of a registered trade mark 
may l:re made, provided that the general im­
P,fession of the trade mark is not influenced by 
the amendment. 
(2) Amendments of registered trade marks 
shall be entered in the register and published. 
(3) At the request of the proprietor insignifi­
cant amendments may also be made of a filed 
trade mark. 
Requirement of use 
Section 25 
(1) If, within a period of five years following 
the date of the completion of the registration 
procedure, the proprietor of a registered trade 
mark has not put the trade mark 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 unin­
terrupted 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 (l): IP/N/lIDNKlT/lIRev.l 
Page 7 
(i) use of the trade mark in a form which does 
not significantly differ from the form in 
which it was registered; 
(ii) affixing the trade mark to goods or to the 
packaging thereofin this country solely for 
export purposes. 
(3) Use of the trade mark with the consent of 
the proprietor shall be deemed to constitute use 
by the proprietor. 
Duration of the registration 
Section 26 
(1) The right obtained by registration of a 
trade mark shall be effective from the date on 
which the application is filed pursuant to sec­
tion 12, and shall continue to be effective for 
ten years from the date of registration. 
(2) The registration may be renewed for peri­
ods often years from the expiry of the period of 
registration concerned. 
Renewal 
Section 27 
(l) Application for renewal shall be made by 
payment to the Patent Office of the prescribed 
fee not earlier than six months before and not 
later than six months after the expiry of the reg­
istration 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 trade mark or his 
agent, but shall not be held responsible for any 
loss of right as a consequence of non-collec­
tion. 
(4) If the application does not comply with 
the provisions laid down, the Patent Office 
shall notify the applicant accordingly and pres­
cribe a time limit for the applicant to file his ob­
servations. 
(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 observa­
tions. 
Part III 
Termination of the registration 
Section 28 
(1) If a trade mark is registered contrary to 
the provisions of this Act, the registration may IPINllIDNK/TllIRev.l 
Page 8 
be revoked, cf., however, sections 8 and 9. If the 
grounds for revocation are a lack of distinctive 
character 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 
trade mark: 
(i) has not been used in accordance with sec­
tion 25; 
(ii) in consequence of the activity or inactivity 
of the proprietor, has become the common 
name in the trade for the product or ser­
vice in respect of which it is registered; or 
(iii) in consequence ofthe use made of it by the 
proprietor or with his consent in respect of 
the goods or services for which it is regis­
tered, is liable to mislead the public, par­
ticularly as to the nature, quality or geo­
graphical origin of the goods or services. 
(3) Revocation of a trade mark under subsec­
tion (2) (i) may not be claimed where, in the in­
terval between the expiry of the five-year 
period and the filing of the application for 
revocation, genuine use of the trade mark has 
been commenced or resumed. The commence­
ment or resumption of use within a period of 
three months preceding the filing of the appli­
cation for revocation shall, however, be disre­
garded where preparations for the commence­
ment or resumption occur only after the pro­
prietor has become aware that an application 
for revocation may be filed. 
(4) Where grounds for revocation exist in re­
spect of only some of the goods or services for 
which the trade mark has been registered, the 
revocation shall cover those goods or services 
only. 
(5) If the ground for revocation is an earlier 
colliding trade mark, claim for revocation may 
only be made if the person having claimed the 
revocation at the request of the other party can 
prove that the earlier trade mark has been used 
in accordance with section 25. If an earlier reg­
istered trade mark has only been used for some 
of the goods or services for which it is regis­
tered, it shall only be considered registered for 
those goods or services. Any of the parties may 
at any time bring an action against the other 
party with respect to matters which are brought 
up in the case, irrespective of the Patent Office 
having made a decision on the case or not. Revocation by court decision 
Section 29 
Revocation ofa registration under section 28 
shall be made by a court decision, cf., however, 
section 30. Proceedings shall be instituted 
against the proprietor and may be instituted by 
anybody with a legal interest therein. Proceed­
ings pursuant to the provisions of section 13 
and section 14 (i) to (iii) may also be instituted 
by the Patent Office. 
Administrative revocation 
Section 30 
(1) After the termination of the registration 
procedure, any person may submit to the Pat­
ent Office a claim that a trade mark registration 
be revoked if the conditions of revocation in 
section 28 are complied with. A fee, the amount 
of which shall be fixed by the Minister of Busi­
ness and Industry, shall accompany the claim. 
(2) The proprietor of the registered right shall 
be notified of the claim and shall be given an 
opportunity to submit his observations. 
(3) If the registration is revoked in part or in 
full, the decision to that effect shall be pub­
lished when it is final. 
(4) The decision of the Patent Office may be 
brought before the Patent Board of Appeal and 
the courts in accordance with section 46. How­
ever, any of the parties may at any time bring an 
action against the other party with respect to 
matters which are brought up in the case, irre­
spective of the Patent Office having made a de­
cision on the case or not. 
Section 31 
(l) Ifthere is reasoned dou bt as to the exist­
ence ofa proprietor ofa trade mark or ifhis ad­
dress is unknown, any person with a legal inter­
est therein may request that the trade mark 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 un­
known, the time limit shall be communicated 
by public notification. If thereafter the proprie­
tor has not come forward, the trade mark shall 
be deleted from the register. Cancellation 
Section 32 
Ifa registration ofa trade mark, a renewal of 
a trade mark registration or an entry of an 
amendment in the register has been made by an 
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 
Section 33 
Deletion from the register shall be made, if 
(i) the registration is not renewed; 
(ii) the proprietor of the trade mark requests 
deletion of the trade mark; 
(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 sec­
tions 29, 30, 31 or 37 (2). 
Section 34 
Office copies of any court decision concern­
in 0-the registration of a trade mark or the appli­
ca~ion for a trade mark shall be communicated 
to the Patent Office by the relevant court. 
Part IV 
Special provisions relating to 
the registration of foreign trade marks 
Domestic registration 
Section 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 or a 
member of the World Trade "Organisation 
(WTO), shall prove that a similar trade mark is 
reo-istered for him in his home country in re-
b • spect of the same goods or services as com-
prised by the application. 
(2) Subject to reciprocity the Minister of 
Business and Industry may direct that subsec­
tion (1) shall not apply. 
Section 36 
Subject to reciprocity the Minister of Busi­
ness and Industry may direct that trade marks IPINII/DNKlT/lIRev.l 
Page 9 
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 
Section 37 
(I) A proprietor of a trade mark who is not a 
resident of this country shall have an agent re­
siding in this country to receive summonses 
and all other communications concerning the 
trade mark on his behalf with binding effect on 
the proprietor. The name and address of the 
agent shall be entered in the register of trade 
marks. 
(2) If no appropriate agent is recorded, the 
proprietor of the trade mark shall take steps to 
correct this matter 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 pro­
prietor of a trade mark is unknown, the time 
limit shall be communicated by publication. If 
an agent has not been appointed prior to the 
expiry of the time limit, the tr<:ide mark shall be 
deleted from the register. 
Part V 
Transfer and licensing, etc. 
Section 38 
(1) The right to a trade mark may be trans­
ferred in or without connection with the enter­
prise in which it is used. 
(2) If anybody transfers his enterprise, the 
right to the trade marks of the enterprise shall 
pass to the transferee unless otherwise has been 
or is deemed to have been agreed. 
Section 39 
(1) The transfer of the right to a registered 
trade mark shall on request be entered in the 
register of trade marks. 
(2) Until the transfer has been communi­
cated to the Patent Office, the proprietor of the 
trade mark shall be deemed to be the latest per­
son who is entered in the register. IP/N/1/DNK/T/1/Rev.1 
Page 10 
Licensing 
Section 40 
(1) A trade mark may be licensed for some or 
all of the goods or services for which it is regis­
tered and for the whole or part of the country. A 
licence may be exclusive or non-exclusive. 
(2) At the request of the proprietor or the 
licensee the licence shall be entered in the reg­
ister of trade marks. It shall also be entered in 
the register when it is later established that the 
licence has terminated. 
(3) The proprietor of a trade mark may in­
voke the rights conferred by the trade mark 
against a licensee who contravenes any stipula­
tion in the licensing contract with regard to its 
duration, the form in which the trade mark may 
be used according to the registration, the na­
ture of the goods or services for which the 
licence is granted, the geographical area in 
which the trade mark may be affixed to the 
goods, or the quality of the goods manufac­
tured or the services rendered by the licensee. 
Mortgage and execution 
Section 41 
If the right to a registered trade mark has 
been mortgaged or a writ offierifacias 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 
Section 42 
(1) Intentional infringement of a trade mark 
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 increase to 
ordinary imprisonment of not more than I year. 
(2) Proceedings in respect of violations com­
prised by subsection (1), first sentence, shall be 
instituted by the injured party. Proceedings in 
respect of other violations shall be instituted 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 Justice Act concerning search may be used to the same extent as in pro­
ceedings instituted by the Public Prosecutor. 
(3) Companies etc. (legal persons) may be 
subject to criminal liability in accordance with 
the rules laid down in Part V of the Penal Code. 
Section 43 
(1) Anybody who intentionally or negli­
gently infringes the trade mark right of another 
person shall be liable to pay a reasonable com­
pensation for the exploitation of the trade mark 
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 Cl) to the ex­
tent it is found reasonable. 
(3) If the trade mark right is established by 
registration, the rules of subsection (1) shall 
also apply in the interval between the date of 
filing of the application and the date of regis­
tration of the trade mark, if the infringer knew 
or ought to know that the application had been 
filed. 
(4) Civil cases for the outcome of which the 
application of this Act is significant shall be 
brought before the Maritime and Commercial 
Court in Copenhagen, unless the parties agree 
otherwise. 
Section 43a 
The Maritime and Commercial Court in 
Copenhagen shall be the Community Trade 
Marks Court as the court of first instance, and 
the Supreme Court as the court of second in­
stance in accordance with article 91 of the 
Community Trade Mark Regulation. 
Section 43b 
(1) Injunctions in accordance with article 
99(1) of the Community Trade Mark Regula­
tion shall be issued by the enforcement court. 
(2) The provisions in Part LVII of the Ad­
ministration of Justice Act shall apply mutatis 
mutandis. 
Section 43c 
(1) Injunctions having binding effect in the 
area of any Member State, cf. article 99(2) ofthe 
Community Trade Mark Regulation, shall be issued by the Maritime and Commercial Court 
in Copenhagen. 
(2) The decisions of the Maritime and Com­
mercial Court pursuant to subsection (1) may 
be appealed against to the Eastern High Court. 
(3) Moreover, the provisions in Part LVII of 
the Administration of Justice Act shall apply 
mutatis mutandis. The enforcement court shall 
upon request provide legal assistance to the 
Ma.ritime and Commercial Court for the per­
formance of the functions mentioned in section 
645 of the Administration of Justice Act. 
Section 43d 
Injunctions pertaining to a national trade 
mark as well as a Community trade mark shall 
be issued by the Maritime and Commercial 
Court in Copenhagen, if the injunction pertain­
ing to the Community trade mark shall have ef­
fect in the area of any Member State, cf. article 
99(2) of the Community Trade Mark Regula­
tion. Section 43c(2) and(3) shall apply mutatis 
mutandis. 
Section 44 
In cases of infringement of a trade mark 
right, the court may decide on measures to pre­
vent the abuse of the trade mark. In that respect 
it may-infJJr alia be decided that the illegally af­
fixed trade marks shall be removed from the 
goods which are in the possession of the party 
concerned or are otherwise at that party's dis­
posal or, if necessary, that the goods shall be 
destroyed or surrendered to the injured party in 
return for or without compensation. 
Section 45 
(1) If a licence has been granted to use of a 
trade mark, the licensor as well as the licensee 
shall be deemed to be entitled to institute pro­
ceedings in cases of infringement of the trade 
mark right, unless otherwise has been agreed. 
(2) A licensee who wishes to institute pro­
ceedings shall inform the licensor thereof. 
Part VII 
Miscellaneous provisions 
Section 46 
(1) The decisions of the Patent Office under 
this Act may be brought before the Patent IP/N/lIDNKlT/1/Rev.l 
Page 11 
Board of Appeal (Board of Appeal for Indus­
trial Property) not later than two months after 
the date on which the party concerned was no­
tified of the decision. The fee for appeal shall 
be paid within the same time limit. If payment 
is not made, the appeal shall be rejected as in­
admissible. Filing of appeals with the Patent 
Board of Appeal shall have suspensive effect. 
(2) The decisions of the Patent Board of Ap­
peal may not be brought before any higher ad­
ministrative 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. 
Section 47 
(1) The Patent Office may on request under­
take the solution of special tasks concerning 
trade marks and trade mark rights. 
(2) The Minister of Business and Industry 
shall lay down rules concerning the payment 
therefore. 
Section 48 
(1) The Minister of Business and Industry 
shall lay down further provisions regarding 
trade mark applications and their processing. It 
may thereunder be decided to what extent the 
Patent Office of its own motion shall ensure if 
the conditions of registration of the trade mark 
are fulfilled. The Minister of Business and In­
dustry shall furthermore lay down provisions 
regarding division of applications and registra­
tions, examination of oppositions and adminis­
trative revocation, claims of priority, cf. sec­
tions 18 and 19, registration and deletion of 
trade marks, and handling of cases, notifica­
tions, extracts from the register, etc. 
(2) The Minister of Business and Industry 
shall lay down further provisions concerning 
the arrangement and keeping of the register, 
concerning which information may be entered 
into the register and concerning the publication 
of registrations, etc. IPINIlIDNK/T/I/Rev.1 
Page 12 
(3) The Minister of Business and Industry 
may prescribe fees for the division of applica­
tions and registrations, for handling of cases, 
notifications, extracts, etc. Moreover, the Min­
ister of Business and Industry may lay down 
provisions concerning the repayment etc. of the 
fees in question. 
(4) The Minister of Business and Industry 
shall lay down the provisions necessary for the 
application of the Community Trade Mark 
Regulation, including provisions concerning 
the conversion of Community trade mark ap­
plications and registrations to national applica­
tions, concerning handling of cases, notifica­
tions, etc. and fees therefore. 
(5) The Minister of Business and Industry 
may lay down specific rules concerning the 
days on which the Patent Office shall be closed. 
Section 49 
If the Minister of Business and Industry 
transfers his authority under this Act to the Pat­
ent Office, the Minister may lay down rules 
concerning the right of appeal including rules 
to the effect that appeals shall not be brought 
before any higher administrative authority. 
Part VIII 
International trade mark registration 
Section 50 
An international trade mark registration 
means a registration under the agreement 
adopted in Madrid on 14th April 1891 concern­
ing the international registration of marks as 
subsequently revised (the Madrid Agreement) 
or under the protocol relating to the Madrid 
Agreement (the Protocol) adopted in Madrid 
on 27th June 1989. 
Effects of an international registration 
Section 51 
From the date ofr.egistration or from the date 
of a subsequent designation an international 
trade mark registration designating Denmark 
shall have the same legal effect as if the trade 
mark was registered in Denmark. 
Refusal 
Section 52 
If the trade mark does not comply with the conditions of registration under this Act or if an 
opposition is filed, the Patent Office may 
within the time limit laid down in the Madrid 
Agreement or the Protocol notify the Interna­
tional Bureau that the protection of the trade 
mark is fully or partially refused in Denmark. 
Lapse and proceeding under Danish law 
Section 53 
(1) If the international trade mark registra­
tion is invalidated, its validity shall also lapse 
in Denmark from the date of the lapse of the in­
ternational registration. 
(2) If the international registration under the 
Protocol is cancelled upon request from the of­
fice of origin or as a consequence of a contract­
ing party withdrawing from the Protocol, the 
proprietor may file a Danish trade mark appli­
cation with the same effect as if the application 
had been filed on the filing date of the applica­
tion for the international registration or the 
date ofa subsequent designation, provided that 
(i) the application is filed within three 
months after the date of deletion; 
(ii) the application does not comprise other 
goods or services than the international 
trade mark registration; and 
(iii) the application, moreover, complies w'ith 
the requirements of a Danish trade mark 
application and the applicant pays the 
prescribed fees. 
Prohibition against double protection 
Section 54 
(1) In the cases where, at the initiative of the 
proprietor of the trade mark, a trade mark reg­
istered in Denmark is also the object of an in­
ternational trade mark registration, the interna­
tional trade mark registration 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 international registration; and 
(iii) Denmark is designated at a later date than 
the date of application for the Danish reg­
istration. 
(2) The Patent Office shall on request enter in 
its register the existence of an international 
trade mark registration. Application for international trade mark 
registration on the basis of an application or 
registration in Denmark 
Section 55 
An international trade mark application may 
be filed by Danish citizens and natural or legal 
persons residing in Denmark or being owners 
of a regular industrial or commercial enterprise 
in Denmark. 
Section 56 
International trade mark applications on the 
basis of an application or registration in Den­
mark shall be filed with the Patent Office in ac­
cordance with the provisions laid down by the 
Minister of Business and Industry, cf. section 
60. 
Section 57 
An international application shall only com­
prise the goods or services comprised by the 
Danish application or registration. 
Section 58 
On filing an international trade mark appli­
cation priority may be claimed pursuant to the 
Paris Convention. 
Renewal, etc. 
Section 59 
The rules laid down in the Madrid Agree­
ment and the Protocol shall apply to renewal. 
Section 60 
The Minister of Business and Industry shall 
lay down further rules for the implementation 
of the provisions of this Part of the Act. Special 
rules may be laid down concerning the publica­
tion of the internationally registered trade 
marks, cf. section 51., and concerning the filing 
of oppositions thereagainst, cf. section 52. The 
Minister of Business and Industry may, fur­
thermore, lay down rules concerning fees for 
the examination of cases in connection there­
with. IPIN/I1DNKlTIl/Rev.l 
Page 13 
Part IX 
Provisions as to entry intoforce and transitional 
provisions 
Section 61 
(1) This Act shall enter into force on 1 st J a­
nuary 1992 and at the same time the Consoli­
date Trade Marks Act No. 249 of 17th April 
1989 shall be repealed. 
(2) (Transitional provision, not reproduced) 
(3) For trade marks which are registered 
prior to 31 st December 1991, the five-year 
period under section 25 shall not commence 
until 1st January 1992. 
(4) (Transitional provision, not reproduced). 
Section 62 
Applications which at tpe entry into force of 
this Act have not been published in accordance 
with the previous provisions shall be processed 
pursuant to the provisions of this Act. 
Section 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 Green­
land with the deviations deemed appropriate 
considering the special Faroese and Greenland 
conditions. In 
Act No.1201 of 27th December 1996 includes 
the following provisions as to entry into force 
and transitional provisions: 
Section 3 
(l)This Act shall enter into force on 1st Ja­
nuary 1997. 
(2) Section 23, as drawn up in section 1 (vii) of 
Act No. 1201 of 27th December 1996, shall 
apply to registrations published after entry into 
force of the Act. 
Section 4 
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 Green­
land with the deviations deemed appropriate 
considering the special Faroese and Greenland 
conditions. IPIN/lIDNKlT/lIRev.1 
Page 14 
The Ministry of Business and Industry, 21st February 1997 
JAN TR0JBORG 
/ Mogens Kring 
1) By Royal Ordinance of 16th December 1991 the Trade Marks Act No. 341 of 6th June 1991 has entered into 
force on 1st January 1992 in Greenland. 
2) By Royal Ordinance of 4th May 1994 the Trade Marks Act No. 341 of 6th June 1991 has entered into force 
on 1stJune 1994 on the Faroe Islands. 