Order On Application And Registration Etc. Of Trade Marks And Collective Marks Reprinted Definitive Series

Original Language Title: Bekendtgørelse om ansøgning og registrering m.v. af varemærker og fællesmærker Omtryk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117286

Overview (table of contents) Chapter 1 Application

Chapter 2 registration and publication

Chapter 3 Objections and repeals

Chapter 4 Changes of applications and registrations

Chapter 5 Special provision concerning collective marks

Chapter 6 Application for a Community trade mark

Chapter 7 International application

Chapter 8 the processing of international applications

Chapter 9 subsequent designation

Chapter 10 Treatment of a designation of Denmark

Chapter 11 clerk in international registrations

Chapter 12 the continuation of an international registration

Chapter 13 quotations concerning international registrations in Patent and trademark Agency's directory

Chapter 14 specific provision on collective marks

Chapter 15 notification

Chapter 16 Full power

Chapter 17 entry into force The full text of the Executive order on application and registration etc. of trade marks and fællesmærker1)

Under section 17, section 48 and section 60 of the trademark law, see. lovbekendtgørelse nr. 782 of 30. August 2001, § 4, paragraph 3, in the mærkelov nr. 342 by 6. June 1991, and under the authority pursuant to section 1 of the Ministry of economic and Business Affairs Executive Order No. 39 of 17. January 2002 on provision of certain powers to the Patent and Trademark Office shall be fixed:

Title I

National trademark applications and registrations

Chapter 1

Application

§ 1. Application for registration of marks submitted to the Patent and Trademark Office.

Content of the application

§ 2. The application must specify:





1) the applicant's name or business name and mailing address, and, if the applicant is represented by a proxy holder, the name and address,

2) or the goods and/or services which the mark sought was registered for. These goods and/or services must be grouped into classes in accordance with the classification of the Nice Agreement of 1957 (Nice Classification) concerning the international classification of goods and services for the purposes of the registration of marks, as amended. The Danish edition of the Nice Classification is available at Patent and trademark Administration website.

3) number of the registration in the home Member State, which must serve as a basis for registration in this country, if the registration under trademark Act section 35 can only be done on the basis of a registration in the applicant's home country.





(2). The application shall contain an exact representation of the mark.

(3). That annex shall be accompanied by:





1) power of Attorney, see. § 40.

2) proof of registration of the mark in the country of origin in the under (1). 3 cases referred to.





(4). With the application must follow the prescribed fees.

Priority

§ 3. Application for Convention priority in accordance with the provision in section 18 of the Act must be made of the trade mark in the application with indication of the day and from what country the priority claimed. Request for priority with the said information may also be submitted within 1 month after the filing date. Claiming priority and not the applicant shall submit the information referred to by the deadline, there may not be a priority.

(2). Patent and Trademark Office may require the applicant within a time limit to be determined must also submit proof of priority. The applicant can in until 2 months after the deadline to request an extension of the deadline. The applicant does not submit the required documentation within the time-limits laid down, there may not be a priority.

§ 4. Application for exhibition priority pursuant to the provisions of the trademark Act section 19 shall be submitted in the application with information about the exhibition goods and or services has been shown with the mark, and the time of the exhibition. Claiming priority with the said information may also be submitted within 1 month after the filing date. Claiming priority and not the applicant shall submit the information referred to by the deadline, there may not be a priority.

(2). Patent and Trademark Office may require that the claimed priority shall be documented within an agreed period by submitting a declaration by the responsible management of the exhibition. The applicant can in until 2 months after the deadline to request an extension of the deadline. The applicant does not submit the required documentation within the time-limits laid down, there may not be a priority.

Application language

§ 5. Patent and Trademark Office can process the application, if the application is available in Danish, English, Swedish or Norwegian.

(2). The application is filed in a language other than that specified in paragraph 1, which submitted a translation within a time limit specified by the Management Board. The applicant can in until 2 months after the deadline to request an extension of the deadline.

(3). The application is filed in a language other than Danish, the Declaration of goods and/or services are submitted in Danish before a deadline set by the Patent and Trademark Office. The applicant can in until 2 months after the deadline to request an extension of the deadline.

(4). Has not received a translation agency, see. paragraphs 1-3, before the expiry of the deadlines, the application shall be refused.

Application processing

§ 6. When the applicant of a trademark registration has paid the prescribed fees in accordance with the trademark law article 12, paragraph 2 2. paragraph, the Patent and Trademark Office will begin the examination of the application.

§ 7. An application will be assigned a filing date, when it contains a reproduction of the mark and an indication of the applicant's name or company as well as an indication of the goods and/or services to which the mark sought was registered for.

(2). Can an application by its submission cannot be assigned a filing date in accordance with paragraph 1, shall be communicated to the applicant a period of two months to submit the missing information and/or a reproduction of the mark. The application will be assigned a filing date at the time the Patent and Trademark Office receives the lack of information and/or a reproduction of the mark.

(3). Patent and Trademark Office receives is not the lack of information and/or a reproduction of the mark in accordance with paragraph 1, before the expiry of the time limit referred to in paragraph 2, the application shall be rejected.

Absolute and relative obstacles

§ 8. Patent and Trademark Office shall ensure that there are no absolute grounds for refusal referred to in article 6. Trademark Act section 13 and section 14, nr. 1-3.

(2). If a ground for refusal pursuant to paragraph 1 relates to only some of the goods or services for which the trade mark is sought, the Patent and Trademark Office rejected the application, only in respect of those goods or services.

§ 9. Patent and Trademark Office shall carry out a search for relative grounds for refusal referred to in article 6. Trademark Act section 14, nr. 4-5, and section 15, paragraphs 1 and 2. Agency assesses the total search result and shall communicate to the applicant the result of the assessment in a search report.

(2). An application may not be refused with reference to the referred to in of paragraph 1 obstacles.

§ 10. Patent and Trademark Office has found in § 8 referred to absolute barriers to registration of the mark, or are there other reasons why mark cannot be registered, including the application of the goods and services not classified in accordance with the Nice Classification or is imprecisely specified, the applicant shall be informed accordingly and given a deadline to comment. Has Agency prepared a search report without prejudice to article. section 9, shall be informed also about this.

(2). The applicant can in until 2 months after the deadline to request an extension of the time limit referred to in paragraph 1.

(3). Have not received a statement or a request for extension before the expiry of the referred to in paragraphs 1 and 2, the time-limits laid down, the application shall be refused in whole or in part.

(4). Patent and Trademark Office has only found in § 9 mentioned relative obstacles, sends Agency drew up the search report to the applicant, with a deadline for this to comment. The applicant can in until 2 months after the deadline to request an extension of the deadline.

(5). Have not received a statement or a request for extension before the expiry of the time limits laid down in paragraph 4, the application shall be recorded.

Chapter 2

Registration and publication

§ 11. Once the application is processed and there are no obstacles for registration, of the mark registered trade mark, and the registration shall be published in the official journal, which is published in Danish Trademark Patent and trademark Administration website. The applicant shall be informed of the registration.

§ 12. In the trademark register shall be introduced:





1) filing date and number, the registration date and number, and the date of the registration procedure,

2) the holder's name and postal address,

3) that of his name and postal address,

4) a reproduction of the mark,

5) in section 2 (1) (8). 2, classes mentioned, goods and services,
6) disclaimere, comments on that mark is registered on the basis of incorporation or other comments made with respect to the mark or the registration scope, including comments about it on the brand holder's request is noted, that the mark is three-dimensional, the mark is a hologram or a sound mark, or similar descriptions of the mark,

7) relied on the priority of the application,

8) information about that application is continued from an international registration, see. Trademark Act section 53, paragraph 2, or has changed from a Community trade mark application or Community trade mark registration, see. section 24,

9) information on the existence of an international trademark registration, see. Trademark Act section 54, paragraph 2,

10) information about licence, pledge, arrest or seizure,

11) information concerning the sharing and

12) information to the effect that the mark is invoked seniority for a Community trade mark.





Chapter 3

Objections and repeals

§ 13. After the publication of the registration in the Danish trade mark official journal there is access to submit objections to the validity of the registration, without prejudice. Trademark Act section 23. The opposition, which must be justified, must be submitted within 2 months from the date of publication. With the opposition must follow the prescribed fee.

(2). The objection may be made by any person. However, the opposition made having regard to the trademark Act section 14, paragraphs 4-5, and section 15, only be made by the holder of the earlier cited rights or a name bearer of the name is invoked. Agency may, however, exempt from here.

(3). Patent and Trademark Office may decide to hear and adjudicate on several oppositions against the same trademark registration under one. Agency may later decide to treat one or more objections separately. the Management Board may suspend the processing of one or more of the other objections.

(4). The holder of the registered right shall be informed of the notice of opposition and have access to comment. Where there are several objections to the validity of the registration of a trademark shall inform the Agency as well the other opponents on the objection.

(5). Patent and trademark Agency's decision shall be communicated to the opposing party and the proprietor of the registered right.

(6). A registration will be declared invalid and registration revoked in its entirety, be considered possibly suspended oppositions for lapsed.

(7). Patent and trademark Agency's decision may be challenged before the Appeals Board for patents and trademarks and the courts in accordance with the trademark law § 46.

(8). Repealed the registration in whole or in part, these changes shall be published in the Danish trade mark journal, once the decision has become final.

§ 14. After the registration procedure can anyone apply for a trademark registration cancelled without prejudice. Trademark Act section 30. With the claim must follow the prescribed fee.

(2). Application for revocation of a trademark registration having regard to the trademark Act section 14, paragraphs 4-5, and section 15, can only be made by the holder of the earlier cited rights or a name bearer of the name is invoked. Agency may, however, exempt from here.

(3). There are filed more requests for rescission against the same trademark registration, Patent and Trademark Office can choose to hear and adjudicate on them as a whole. section 13 (3) and (6) shall apply mutatis mutandis.

(4). The holder of the registered right shall be informed of the application and have access to comment. section 13 (4) shall apply mutatis mutandis.

(5). Patent and trademark Agency's decision shall be communicated to the person who has applied for trademark registration, and the holder of the registered wiped out right.

(6). Patent and trademark Agency's decision may be challenged before the Appeals Board for patents and trademarks and the courts in accordance with the trademark law § 46.

(7). Repealed the registration in whole or in part, these changes shall be published in the Danish trade mark journal, once the decision has become final.

(8). The provisions of paragraphs 1 to 7, applies to registrations relied on which seniority for a Community trade mark, even after these are wiped out by the Danish trademark register.

Chapter 4

Changes to applications and registrations

Sharing of applications and registrations

§ 15. Includes an application for additional goods or services, the application may, at the request of the proprietor of the trade is split into multiple applications.

(2). A request for Division of an application must specify:





1) the goods or services, as the original application must include after sharing, and

2) the goods or services which the divisional application or each of the divisional applications must include.





(3). A divisional application may not include products or services that are not covered by the original application at the time of the request for sharing this. The original application and the divisional application may not relate to the same goods or services.

(4). With the request for sharing must follow the prescribed fees.

(5). An application cannot be shared, if a sharing will lead to doubts as to the scope of the original application and the divisional application.

(6). When the request for sharing are dealt with and approved, shall be assigned to the divisional application a standalone application number. The divisional application is allocated the same filing date and priority date as the original application.

(7). Powers of Attorney, real estate transfer documents and other documents related to the original application shall be deemed to be, as well as documents in each divisional application.

§ 16. Includes a registration for additional goods or services, it may, at the request of the holder is split into multiple registrations.

(2). For sharing of registrations, the provisions in article 15, paragraphs 2 to 5, and (7) apply mutatis mutandis.

(3). When the request for sharing are dealt with and approved, shall be assigned to the Divisional registration an independent registration number. The Divisional registration shall be assigned to the same filing date, priority date, the registration date and the date of the registration procedure as the original registration.

Brand change

§ 17. If a request about label change in accordance with § 24 of the trade mark of a brand that does not consist exclusively of common letters, which must be accompanied by an accurate rendering of the amended mark.

(2). Find Patent and Trademark Office that the requested change of the mark is not in accordance with section 24, be notified to the holder of the trade mark this and given a deadline to comment. the holder may in until 2 months after the deadline to request an extension of this deadline.

(3). Have not received a statement or a request for extension before the expiry of the in (2), the time-limits laid down, rejected the request for the brand change.

(4). Refusal in accordance with paragraph 3, may be brought before the Appeals Board for patents and trademarks and the courts in accordance with the trademark law § 46.

(5). If the request for amendment of a mark applied for relates to a trademark, the Agency may decide that a refusal of modification of the mark and, where appropriate, in whole or in part a refusal of registration must be provided together.

Requests for quotations in the register

§ 18. By a renewal application under trademark Act section 27 can be given notice of place found changes in ownership or agency relationship. Notice must be accompanied by proper documentation of the change. The changes in the register are treated independently of the renewal application.

§ 19. A request for listing in the trademark register of the transfer of the right to a registered mark, about listing of license to, or pledge of attachment or arrest in such a mark should be accompanied by proper documentation of the founding right.

(2). A request for listing by an administrative officer or clerk, or whether a new listing of other changes in previously recorded conditions must be accompanied by proper documentation of the change.

(3). A request under paragraph 1 shall be accompanied by a power of Attorney for the applicant, provided that this does not appear to be justified to submit such a request.

Documentation of changes and annotations

§ 20. Powers of Attorney, real estate transfer documents and other documents referred to in this Decree shall, if they are written in a language other than Danish, on request, be provided with a translation.

Publication of changes and annotations

§ 21. In the Danish trade mark journal, which is published in Patent and trademark Administration website, published:





1) registrations, see. Trademark Act section 12, paragraph 3, and § 22,

2) divisional registrations, see. Trademark Act section 48, paragraph 2,

3) changes in the registration of a trademark, see. Trademark Act section 24, paragraph 2,

4) total or partial lifting of the registrations for the trademark Act article 23, paragraph 4, and section 30, paragraph 5 and

5) corrections of errors in previous publications.





(2). Patent and Trademark Office publishes also other issues of importance to the trade mark law.

Section II

National collective mark applications and registrations

Chapter 5

Specific provision on collective marks

§ 22. The rules in § § 1-21 shall also apply to collective marks.
(2). An application for registration of a collective mark must, in addition to the particulars referred to in paragraph 2, shall include the provisions laid down for the common use of the mark.

(3). In the collective mark register introduced, in addition to the information referred to in article 12, the provisions laid down for the common use of the mark.

Title III

Community trade marks

Chapter 6

Application for a Community trade mark

§ 23. For an application for registration of a Community trade mark shall be submitted to the Patent and Trademark Office, paid a fee for the Agency's receiving and forwarding the application to the OHIM.

Transition to national application

§ 24. Patent and Trademark Office receives an application from the Office of a Community trade mark application or Community trade mark registry over time for an application for national registration, see. Article 108-110 of Council Regulation (EC) No 1782/2003. 40/94 of 20. December 1993 on the Community trade mark, as partially amended by Council Regulation (EC) No 1782/2003. 422/2004 of 19. February 2004 amending Council Regulation (EC) No 1782/2003. 40/94 on the Community trade mark, the application shall be deemed to be a Danish application is processed in accordance with the rules for application and registration in accordance with the trademark law and the Executive order on application and registration etc. of trade marks and collective marks.

(2). Community trade marks, which are released into a national application or registration will have the same filing date or priority date, seniority date as a Community trade mark.

Title IV

International trademark registration

Chapter 7

International application

§ 25. Application for international registration of a trademark under the Madrid Protocol, lodged with the Patent and Trademark Office at the International Bureau form.

(2). The application must be written in English.

(3). At the same time as the application to the established fee for Patent and trademark Agency's handling of the application are paid.

section 26. An application for international registration of a trademark is applied to the date of receipt of the application in the Patent and Trademark Office as well as the Agency's register number.

(2). The application must contain the following:





1 the name and address of applicant),

2) a reproduction of the mark,

3) an indication of the goods or services for which the mark is sought, grouped in the classes registered in accordance with the international classification of goods and services (Nice Agreement),

4) an indication of the date of filing and the application number or the date of registration and registration number of the basic application or basic registration, Danish and

5) Declaration by the States or organisations such as designers.





(3). If the applicant wishes to be represented by a proxy holder to the International Bureau, the name and address of his representative must appear in the application.

(4). The application shall also be drawn up in accordance with articles 3, 3b and 3 c in the Madrid Protocol and the associated rules of the implementing regulations to the Protocol.

Chapter 8

Processing of international applications

§ 27. Handling fee is received by the Patent and Trademark Office, and the application in accordance with the provisions of §§ 25 and 26, as well as the provisions of the trademark Act sections 55, 56 and 57, and there is consistency between the contents of the international application and the information contained in the basic application or basic registration, Patent and Trademark Office shall forward the international application to the International Bureau.

(2). Is there anything to preclude that forward the application, the applicant will have the opportunity to bring this in order. Is not put in order before the application of the Madrid Protocol, art. 3, (4), 2-month deadline specified, takes the Patent and Trademark Office to determine whether the application is rejected or sent to the International Bureau, as it stands. The applicant shall be informed of the Agency's decision.

Chapter 9

Subsequent designation

section 28. Request for subsequent designation under the Madrid Protocol may, if the holder meets the requirements of the Madrid Protocol, art. 2 (1) (i), shall be submitted to the Patent and Trademark Office or to the International Bureau. The request must be filed at the International Bureau form.

(2). At the same time as the request to the established fee for Patent and trademark Agency's handling of the application are paid.

(3). The provisions of article 26, paragraph 2, and article 27, paragraph 2, shall apply mutatis mutandis.

(4). The request shall also be drawn up in accordance with the relevant provisions of the implementing regulations to the Madrid Protocol.

(5). Handling fee is received by the Patent and Trademark Office, and the request is in accordance with the provisions of paragraphs 1 and 3, forwarding agency request to the International Bureau.

Chapter 10

Treatment of a designation of Denmark

section 29. Patent and Trademark Office receives from the International Bureau notification that Denmark is designated in an international registration, is investigating the Agency, if there's anything to preclude the validity of the registration in Denmark.

(2). Is there not found obstacles to international registration validity in Denmark, shall be communicated to the applicant, to the international registration valid for Denmark.

section 30. Patent and Trademark Office has found in § 8 referred to absolute barriers or are there other reasons why the international registration cannot gain validity in Denmark in its entirety, including the application of the goods and services is too vague, provided specified accordingly in the form of a completely or partially provisional refusals to the International Bureau with a time limit for the holder to comment across from the Agency. Patent and Trademark Office shall transmit at the same time notice of provisional refusal to the applicant. The applicant can in until 2 months after the deadline to request an extension of the deadline.

(2). Patent and Trademark Office has not received an opinion or a request for extension before the expiry of the in (1) time limits the validity of the registration in Denmark shall be refused in whole or in part. Once the decision of refusal has become final, the notification to the International Bureau.

section 31. Patent and Trademark Office shall carry out a search for the in clause 9 above mentioned relative obstacles and shall communicate to the applicant the total search results with a time limit for this to comment or ask the Agency to evaluate the search result. The applicant can in until 2 months after the deadline to request an extension of the deadline.

(2). Have not received an opinion of the Agency, a request for extension or a request for assessment of the search result before the end of the in paragraph 1, the period laid down, the applicant shall be notified that the international registration valid for Denmark.

section 32. International registrations is extended for Denmark, published in the official journal, which is published in Danish Trademark Patent and trademark Administration website. The publication must contain an indication of the brand, cardholder's name and registered office, the authority or the classes registration includes, the date of the international registration, as well as the number of The International Gazette in which registration is announced.

Objections and repeals

section 33. After the publication of the international registration in the Danish trade mark official journal there is access to submit objections to the validity of the registration in Denmark, see. Trademark Act section 23. § 13 shall apply mutatis mutandis.

(2). Upon receipt of a statement of Patent and Trademark Office shall send a provisional refusals to the International Bureau that the registration is not valid in Denmark. In the provisional refusal shall indicate the reason for the objection.

(3). If the objection be upheld the validity of the registration in Denmark shall be refused in whole or in part.

(4). Once the decision has become final, the Patent and Trademark Office gives notice to the International Bureau. Any changes to the scope of the registration shall be published in the Danish Trademark journal.

§ 34. Once the registration has been finally valid in Denmark, any more than for Patent and trademark registration revoked, cf. covet Trademark Act section 30. § 14 shall apply mutatis mutandis

(2). The validity of the registration is repealed in whole or in part, provides Patent and trademark notice to the International Bureau, once the decision has become final. The repeal or the partial lifting will then be published in Danish Trademark journal.

Chapter 11

Clerk in international registrations

section 35. Patent and Trademark Office may, in accordance with the trademark law § 37 call for the appointment of a proxy holder in respect of the international registration.

(2). Has the candidate appointed an international officer in the international registration, shall be considered as this also to be a proxy holder in relation to the designation of Denmark.

Chapter 12

Renewal of an international registration
§ 36. An application for continuation in Denmark under the trade mark Article 53, paragraph 2, and article 9 (e) of the Madrid Protocol shall include a reference to the number of the international registration, as well as information about the date and, where applicable, the priority of the international registration or the date of the subsequent designation.

(2). With the application of such applications must follow the prescribed fee.

(3). The submitted application is processed in accordance with the provisions applicable to national applications.

Chapter 13

Quotations about international registrations in Patent and trademark Agency's directory

section 37. In Patent and trademark Agency's register introduced the information received from the International Bureau, and that are relevant to the Agency's treatment of the designation.

(2). Notwithstanding the provisions of paragraph 1, the international directory of primacy, if there is a discrepancy between the contents of the international registration in the Agency's register and the international register.

(3). In addition to the information referred to in paragraph 1 may also be carried out upon request other quotations relating to an international registration, including those relating to administrative officer, mortgage, attachment, license and arrest.

Title V

International registration of collective marks

Chapter 14

Specific provision on collective marks

section 38. § § 25-37 shall also apply to international registrations of collective marks or guarantee marks.

(2). Where an application for international registration of a collective mark or guarantee mark, this should be explicitly stated in the application.

(3). A designation of Denmark in an international registration of a collective mark shall also contain the provisions laid down for the common use of the mark, within the meaning of. Chapter 5.

Title VI

Notification to holders of national or international trademarks valid in Denmark

Chapter 15

Under direction

§ 39. Holders of an applied or registered trade mark or collective mark with validity of Denmark may request the Patent and Trademark Office to be informed of the existence or publication of the mark applied for or registered trademarks that may be in conflict with the holder's brand after brand § 15 (1).

(2). With a request for notification referred to in paragraph 1 shall be accompanied by the prescribed fee. The request shall be valid for one year.

Title VII

Various provisions

Chapter 16

Full power

§ 40. If the applicant, holder or a party to a proceedings before the Patent and Trademark Office shall be represented by a proxy, the proxy shall be submitted. Patent and Trademark Office may grant exemption from the requirement of full power.

Language

§ 41. Patent and Trademark Office caseworker in English, if the applicant is requesting this, or the parties in a case before the Patent and Trademark Office so agree. Patent and Trademark Office may at any time decide that proceedings must take place in Danish.

(2). Documents received in the course of proceedings at the Patent and Trademark Office, shall be available on the Danish, English, Norwegian or Swedish. Are documents written in another language, a translation must be filed.

(3). In cases of objections and repeals that are processed in English and where the holder has requested a limitation of the list of goods and services, Patent and Trademark Office may require that the holder shall submit the limited list of Danish within a specified time limit. Has not received a translation before the expiry of the time limit laid down, the Agency disregard the request for limitation of the registration.

Title VIII

Date of entry into force provisions

Chapter 17

Entry into force of the

§ 42. This Ordinance shall enter into force on the 1. June 2008.

(2). section 39 shall enter into force on the 1. January 2009.

(3). Executive Order No. 787 by 9. September 2003 on application and registration etc. of trade marks and collective marks shall be repealed.

(4). Notwithstanding paragraph 3, sections 31 and 32 of Decree No. 787 by 9. September 2003 on application and registration etc. of trade marks and collective marks shall continue to apply until 31 December 2005. December 2008.

(5). Titles III, IV and V shall not apply to Greenland and the Faroe Islands.
Patent and Trademark Office, the 21. May 2008 Jesper Kongstad/Thomas Nording-Grooss Official notes 1) Ordinance contains provisions implementing Council Directive 89/104 EEC official journal 1989 L 40, p. 1 on the approximation of the laws of the Member States relating to trade marks.