Announcement Of Trade Mark Law

Original Language Title: Announcement Of Trademark Law

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123165

Overview (table of contents) Chapter 1 General provisions

Chapter 2 Registration of trademarks

Chapter 3 Registration termination

Chapter 4 special provisions for the registration of foreign trademarks

Chapter 5 transfer and license, etc.

Chapter 6 provisions relating to legal protection

Chapter 7 miscellaneous provisions

Chapter 8 International trademark registration

Chapter 9 entry into force and transitional provisions The full text of the Decree of varemærkeloven1)

Hereby published trademark law, see. lovbekendtgørelse nr. 782 of 30. August 2001 with the changes imposed by section 4 of Act No. 451 of 10. June 2003, § 2 of the law No. 1430 by 21. December 2005, section 32 of the Act No. 538 of 8. June 2006, as well as § 1 of lov nr. 1404 by 27. December 2008.2)

Chapter 1

General provisions

§ 1. Individuals and companies may, in accordance with the provisions of this Act to acquire the exclusive rights to trademarks (trademark law). By trademarks shall mean characteristics for goods or services which are used or intended to be used in a commercial activity.

Trade mark may consist

§ 2. A trade mark may consist of any species characters that are capable of distinguishing the goods or services of one undertaking from those of other undertakings, and as capable of being represented graphically, particularly





1) words and Word collocations, including slogans, personal names, company names or names of immovable properties,

2) letters and numbers,

3) shapes and images, or

4) the shape of goods, equipment or packaging.





(2). There can not be acquired trademark law to signs which consist exclusively of a shape, either as follows by the item's own character, a shape of goods which is necessary to obtain a technical result, or a design whereby the item gets a substantial value.

Formation of trademark law

§ 3. Trademark law may be formed either





1) by registration of a trademark in accordance with the rules laid down in this Act in respect of the goods or services for which the registration includes, or

2) by placing a mark in this country for the goods or services for which the trade mark is used, and for which the constant is used.





(2). There can not using established rights to a trademark after its nature is excluded from registration.

(3). Has mark is not distinctive through the commissioning, creation of the Court only when and to the extent that create the distinctive character through the use of the mark.

Trademark law content

§ 4. The proprietor of a trademark may prohibit others who do not have his consent, to make commercial use of the mark, if





1) sign is identical with the trade mark, and the goods or services for which the sign is used, are of the same nature as the goods or services for which the trade mark is protected, or

2) mark is identical with, or similar to, the trade mark and the goods or services are identical or similar, provided that there is a likelihood of confusion, including the fact that it is assumed that there is a connection with the trade mark.





(2). Regardless of the limitation in paragraph 1 for goods or services identical or similar trademark owner can, however, also prohibit the use of goods or services of a different kind, if the trade mark is well known in this country, and the use would result in an undue exploitation of the distinctive character or the repute of the trade mark or damage the reputation or distinctive.

(3). As commercial use shall in particular be deemed to be





1) placing the sign on goods or on their packaging,

2) to offer the items for sale, marketing them or stocking them for these purposes, or offering or supplying services under the sign,

3) importing or exporting the goods under that sign, or

4) using the sign on business papers and in advertising.





Restrictions of the holder's rights

§ 5. The proprietor of a trademark may not prohibit the other in accordance with good business practices makes commercial use of





1) his own name and private address,

2) indications regarding the product or service nature, quality, quantity, intended purpose, value, geographical origin, the time of manufacture or of rendering of the service, or other characteristics of goods or services, or

3) the trade mark where it is necessary to specify the use of a product or service, in particular as accessories or spare parts.





Exhaustion

§ 6. The proprietor of a trademark may not prohibit the use of the mark for goods by the proprietor or with his consent are marketed within the European Community under this brand.

(2). Paragraph 1 shall not apply if the holder has reasonable grounds to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

Colliding rights

§ 7. Requires two or more separately trademark law for the same or similar characteristics, have the first encountered the right assets, without prejudice to the provisions set out below. A registered right shall be deemed to have arisen on the day on which the application is lodged, without prejudice. § 12, or on the day from which priority is claimed in accordance with the rules laid down in articles 18 or 19.

§ 8. A younger right to a registered trademark can consist of an earlier right next to a thus confusingly trademark, if the application is submitted in good faith, and the holder of the earlier right has been aware of and tolerated the use in this country by the younger right for 5 consecutive years.

§ 9. A younger right to a trade mark may also consist of an earlier right next to a thus confusingly trademark if the proprietor of the earlier right within a reasonable time has not taken the necessary steps to prevent the use of the later trademark.

§ 10. In the sections 8 and 9 cases referred to the holder of a younger mark does not prohibit the use of an earlier trade mark, even if the holder of the earlier mark can no longer make his right against the later trademark.

(2). In the cases referred to in section 9, it may, if it is reasonable, is determined that one of the marks or both may be used only in a particular way, for example in a certain shape or with the addition of a location.

Reproduction of a trademark in dictionaries, etc.

§ 11. When publishing encyclopedias, handbooks, textbooks or similar publications by academic content to the author, the Publisher and the Publisher at the request of the proprietor of a registered trademark to ensure that this is not reproduced without indication that it is a registered trademark.

(2). Anyone who does not comply with its obligations under paragraph 1, shall pay for a letter of notice on the way, it can be found reasonable.

Chapter 2

Registration of marks

§ 12. Application for registration of a trade mark is submitted to the Patent and Trademark Office. The application must contain a representation of the mark and an indication of the applicant's name or company. In addition, the application must specify the goods or services for which the mark is sought was registered.

(2). The application shall be drawn up in accordance with the provisions laid down under section 48. With the application must follow the prescribed fee.

(3). Patent and Trademark Office keeps a trademark register. Agency shall publish registrations, etc.

Grounds for refusal

§ 13. A trademark must be registered in order to be able to be of the nature specified in section 2, including have distinctive character.

(2). The following trademarks are excluded from registration:





1) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the product or service nature, quality, quantity, intended purpose, value, geographical origin, the time of manufacture or of rendering of the service, or other characteristics of these.

2) trade marks which consist exclusively of signs or indications which, in the current language or after regular business practices constitute a usual term for goods or services.





(3). A trade mark may, notwithstanding the provisions referred to in paragraphs 1 and 2 shall be recorded, prior to submission of the application as a result of the use which has been made thereof, have become distinctive.

§ 14. Excluded from registration is also:





1) trademarks which are contrary to law, public order or morality.

2) trademarks, which are apt to mislead, URf.eks. with regard to the product or service nature, quality or geographical origin of the goods.

3) trademarks that have not been approved by the competent authorities and are to be refused pursuant to article 6 (c) of the Paris Convention for the protection of industrial property, as well as brands, which include badges, emblems and weapons that have public interest, except where their registration has been allowed by the competent authority.
4) trade marks which consist of or contain an unauthorised component, which can be thought of as a person or company's name, to which someone else has legal title, or as a portrait, and there is not thereby mentioned long deceased persons, or as unauthorised contains unique name or image of another person's property.

5) trade marks which consist of or contain an unauthorised element which can be construed as singular title of another person's protected literary or artistic work, or which infringes someone else's copyright in such work or the right to photographic image or someone else's industrial rights.





§ 15. A trade mark is ineligible for registration, if





1) it is identical with an earlier trade mark, and the goods or services for which the mark is sought, is of the same nature as the goods or services for which the earlier mark is protected, or

2) there is a likelihood of confusion, including the fact that it is assumed that there is a connection with the earlier trademark because the later mark is identical with or similar to the earlier trade mark and the goods or services are identical or similar.





(2). At the earlier marks in accordance with paragraph 1 shall be taken to mean





1) marks of the following kinds with a date of application is earlier than the date of filing of the trade mark, taking account, where appropriate, of the priority claimed in support of these brands:





a) Community trademarks,

b) trademarks that are registered in this country, or

c) trade marks which are the subject of an international registration with effect in this country,





2) Community trade marks in respect of which, in accordance with the regulation on the Community trade mark invoked seniority in relation to one of the in no. 1 (b) and (c) referred to brands, even if there are renounced it, or it has lapsed,

3) applications of the under nr. 1 and 2 marks, subject to their registration, or

4) trademarks, which at the time of application, where appropriate, the date of priority claimed in support of the application, are ' well known ' in this country within the meaning of article 6 (b) of the Paris Convention specified meaning.





(3). A trademark is also excluded from registration if





1) it is identical with, or similar to, an earlier Community trade mark regulation. paragraph 2, and it is sought in relation to goods or services of a different nature than those for which the earlier Community trade mark is registered, where the earlier community trademark is well known in The European Union, and the use of the later trademark would result in an undue exploitation of the earlier Community trade mark distinctive character or reputation or such a use would be detrimental to this distinctive character or reputation ,

2) it is identical with or similar to a ' well-known ' mark referred to in article 6. (2). 4, and it is sought in relation to goods or services of a different nature than those for which the earlier mark is well known, when the use of the later trademark can lead to the assumption that there is a connection between the marks, and that its use will result in an improper use of the distinctive character of the earlier mark or reputation, or such a use would be detrimental to this distinctive character or reputation , or

3) it is identical with or differ only insignificant from a trademark, as at the time of application, where appropriate, the date of priority claimed in support of the application, is taken in use abroad and still used there for goods or services identical or similar to those in the younger mark is sought for, and at the time of application, the applicant had or should have had knowledge of the foreign brand.





(4). A trademark is also excluded from registration if





1) the trade mark is identical with, or similar to, an earlier Danish trademark in accordance with paragraph 2, and it sought for goods or services are not similar to those for which the earlier mark is registered, where the earlier mark is well known in this country, and the use of the later trademark would cause an undue exploitation of the reputation or the distinctive character of the earlier mark advantage of, or is detrimental to, the distinctive character or the repute or this

2) by use in this country is entitled to an identical or confusingly trademark or to another in business activities used identical or confusingly characters before the time of application of the later trademark, or, where appropriate, the date of priority claimed in support of the application of the later trade mark, the proprietor of the earlier right may prohibit the use of the later mark.





(5). A trade mark is not excluded from registration according to the rules laid down in paragraphs 1 to 4, where the holder of the earlier trade mark or other earlier rights consents to the registration of the later mark.

Disclaimere

§ 16. A trademark that has been achieved by registration, does not include such parts of the mark which is not separately can be registered.

(2). Contains a trademark such constituents, and there is particular reason to assume that the trade mark registration may give rise to doubts as to trademark law, these during registration are expressly exempted from protection.

(3). It turns out later that the parts of the mark that have been excluded from protection, have been verifiable, can a new recording is made of these parts or of the trade mark without the limitation set out in paragraph 2.

Item classes

§ 17. Trademarks are registered in one or more classes of goods or services. The Minister for economic and business affairs shall lay down provisions concerning the Division into classes.

Convention priority

§ 18. If an application for registration of a trade mark be filed in this country within six months after the date of the first application for registration of the trade mark is filed in a country which is party to the Paris Convention for the protection of industrial property, or which is a member of the World Trade Organization (WTO), the application will, upon request, receive priority from the first filing date. Priority means that application compared to later instances of circumstances, such as other people's applications or others ' use of the mark, must be regarded as lodged simultaneously with the filing of the application in the foreign State.

(2). Paragraph 1 shall, subject to reciprocity, apply mutatis mutandis to trade marks the first time is applied in a country which is not party to the Paris Convention or is a member of the World Trade Organization.

Exhibition priority

§ 19. If an application for registration of a trade mark be filed in this country within six months after that mark for the first time is used in respect of goods exhibited at official or officially recognized international exhibition, the application will, upon request, receive priority from that date. Priority means that application compared to later instances of circumstances, such as requests for others or others ' use of the mark, must be regarded as lodged at the same time with its use at the exhibition. By the mentioned exhibitions means such as defined in the Convention on international exhibitions of 22. November 1928 with later revisions.

Processing of applications

§ 20. Is the application not in accordance with the law or provisions laid down pursuant to the law or the finder Patent and Trademark Office, to which, incidentally, is something to prevent to approve the application, gives the Agency the applicant thereof and shall fix a time limit for the applicant to comment.

(2). At the expiry of the term takes the position to the application, unless the applicant Agency will have access to comment again.

Claim a right to a trademark

§ 21. Claiming someone to be eligible for an applied or registered trademark, Patent and Trademark Office may, if it finds the question doubtful, invite the requester to within a specified time limit to bring court proceedings to that effect. Not complied with, the claim may be disregarded. Notification thereof shall be given in the invitation.

(2). Are there brought an action on the right to a trademark, Patent and trademark Agency's treatment of the case shall be suspended until the court case is finally settled.

Registration

§ 22. Once the application is approved, the trademark is registered, and the registration shall be published.

Statement of opposition

§ 23. Once the registration has been published, there is access to submit objections to the validity of the registration. The opposition, which must be justified, must be made to the Patent and Trademark Office within 2 months from the date of publication. With the opposition must follow a fee to be determined by the Minister for economic and business affairs.

(2). Is the objection made, take national Board registration is reviewed in accordance with section 20. While processing the rule in section 28, paragraph 5, also apply. The holder of the registered right shall be informed of the notice of opposition and have access to comment.

(3). Maintain the registration, this shall be communicated to the person who has made an objection, and the holder of the right.

(4). Repealed the registration in whole or in part, the decision thereof, shall be published upon becoming final.

Brand change
§ 24. At the request of the holder may be insubstantial changes to a registered trademark, if the overall impression of the mark is not affected by the change.

(2). Changes of registered trademarks shall be entered in the register and published.

(3). In addition, at the request of the holder of the licence is carried out non-essential changes of a claimed trademark.

User obligation

§ 25. Have the holder of a registered trade mark is not within 5 years from the registration procedure put to genuine use of the mark in this country for the goods or services for which it is registered, or have the use been discontinued without interruptions in 5 years, registration can be lifted without prejudice. section 28, unless there are reasonable grounds for that use have not taken place.

(2). The following shall also be regarded as use in the meaning of paragraph 1:





1) use of the trade mark in a form which does not significantly differ from the form in which it is registered.

2) affixing of the trade mark in this country on goods or their packaging exclusively with export in mind.





(3). Use of a trademark, which will take place with the consent of the proprietor, be assimilated to the holder's use of the trade mark.

Duration of the registration

section 26. The trademark law, which is achieved by registration shall apply as from the day on which the application is lodged in accordance with § 12, and lasts for 10 years from the registration day.

(2). Registration may be renewed for 10-year periods from the end of the relevant registration period.

Renewal

§ 27. The request for renewal shall be effected by the deposit of the prescribed fee to the Patent and Trademark Office no earlier than 6 months before and not later than 6 months after the expiry of the registration.

(2). Found application in order, renewal shall be introduced in the register.

(3). Patent and Trademark Office shall collect renewal fees with the proprietor or his proxy, but is not responsible for the rettighedstab as a result of lack of charging.

(4). Is the application not in accordance with the specified requirements, provides Patent and trademark notice, setting a time period for the applicant to comment.

(5). At the expiry of the term takes the position to the application, unless the applicant Agency will have access to comment again.

Chapter 3

The termination of the registration

section 28. Is a trade mark registered in breach of the provisions of this law, registration can be lifted without prejudice. However, sections 8 and 9. Is lack of distinctive character and similar obstacles to registration, in accordance with article 3. section 13, must also be taken into account when assessing the use which has been made after the registration of the basic regulation. section 13, paragraph 3.

(2). A registration may also be lifted if





1) the trade mark is not used in accordance with § 25,

2) trade mark as a result of the proprietor, or passivity has become a common name within the industry for the product or service which the mark is registered, or

3) trade mark as a result of the use made of it by the proprietor or with his consent, be made of the trade mark for the goods or services for which it is registered, is apt to mislead, especially with regard to goods or services nature, quality or geographical origin of the product.





(3). Requirements for waiver of a trademark in accordance with paragraph 2, nr. 1 may not be invoked if the real commencement or resumption of use of the trade mark in the period between the expiry of the 5-years and the time of submission of the request for the waiver. The commencement or resumption of use within the last 3 months prior to the submission of the request for the waiver, however, not be taken into consideration, where preparations for the commencement or resumption of use first initiated when the holder has been informed of the possible will be lodged the request for waiver.

(4). If the repeal the reason relates to only part of the goods or services for which the mark is registered, the registration shall only be lifted for their case.

(5). If the repeal is basically an older colliding brand, can claim for waiver is only invoked if the person who has required registration suspended, at the request of the other party can demonstrate that the earlier mark has been used in accordance with § 25. If an older registered trademark has been used for only some of the goods or services for which it is registered, it shall be deemed to be registered only for that part of the goods or services. Any party may at any time bring proceedings against the other party on the issues raised in the case, whether the Patent and Trademark Office has taken a decision in the case or not.

The waiver by dom

section 29. Cancellation of a registration under section 28 shall be effected by the dom, see. However, section 30. The case brought against the holder, and it may be brought by anyone who has a legal interest therein. Case in accordance with the provisions of section 13 and section 14, nr. 1-3 can also be brought by the Patent and Trademark Office.

Administrative termination

section 30. After the registration procedure, any more than for Patent and Trademark Office apply for a trademark registration cancelled, if the conditions for the waiver in section 28 is complied with. With the claim must follow a fee to be determined by the Minister for economic and business affairs.

(2). If a case before the courts relating to a trademark registration is not finally settled, there may not be made a request in accordance with paragraph 1 of the relevant registration.

(3). Proceedings before the courts of a trademark registration before a final decision has been taken on a request under paragraph 1 concerning registration, Patent and trademark quiet reading of the application is suspended until the matter is finally settled, unless the request has been made by the holder of trademark registration.

(4). The holder of the registered right shall be informed of the application and have access to comment.

(5). Repealed the registration in whole or in part, the decision thereof, shall be published upon becoming final.

(6). Patent and trademark Agency's decision may be brought before the Patent Board of appeals and courts in accordance with section 46. Any of the parties may, however, at any time, bring proceedings against the other party on the issues raised in the case, whether the Patent and Trademark Office has taken a decision in the case or not.

section 31. Where there is reasonable doubt as to the existence of a brand owner, or his address is unknown, can anyone with a legitimate interest therein may request trade mark deleted from the register.

(2). In annihilation could happen, Patent and Trademark Office may request the holder to make themselves known within the deadline set by the Patent and Trademark Office. Notice of deadline given by registered letter or in a similar reassuring way. If the holder's address is not known, the time limit shall be notified by public notice. Holders have not made themselves known, then erased the mark from the register.

Annulment

section 32. If a registration of a trademark, a renewal of a trademark registration or a listing of the change in the register has been made by a manifest error handling, the Patent and trademark office until 3 months from the date of registration or listing date cancel the registration, the renewal or the entry.

Annihilation

section 33. Annihilation of the register occurs,





1) when registration is not renewed,

2) when mark holder desires the mark wiped out,

3) if the registration is declared invalid under section 23, or

4) If a decision or judgment for the waiver pursuant to sections 29, 30 or 31.





§ 34. Of any judgment, which concerns a trade mark registration or a trademark application, he or she must send Patent and trademark Court a transcript.

Chapter 4

Special provisions for the registration of foreign trademarks

Home-country registration

section 35. An applicant who is not doing business in this country, and who is not domiciled in a State that has acceded to the Paris Convention for the protection of industrial property rights or which is a member of the World Trade Organization (WTO), must demonstrate that a corresponding mark is registered for that in the country of origin of the goods or services against which the application includes.

(2). The Minister for economic and business affairs can subject to reciprocity provide that paragraph 1 does not apply.

§ 36. The Minister for economic and business affairs can subject to reciprocity provide that trademarks which would not otherwise be able to be registered in this country, but which are registered in a foreign State can be detected here, as they are registered in the foreign State. Such registration does not apply more widely than in the foreign State.

Head of section

section 37. Patent and Trademark Office may invite the trademark holder to appoint a representative in the European economic area (EEA) resident clerk, as on its behalf can receive actions and all occurring messages concerning the trade mark in order to bind the holder. His name and address shall be entered in the trademark register.

Chapter 5

Transfer and licensing, etc.

section 38. The right to a trademark may be transferred in or without connection with the business in which it is used.
(2). Handing someone his business, goes right to the company's trademarks over to ehververen, unless it has been or shall be deemed to be agreed.

§ 39. The transfer of the right to a registered trademark shall on request be recorded in the trademark register.

(2). Until the transfer is notified to the Patent and Trademark Office shall be deemed to be the holder of the mark to be the one who last recorded in the register.

License

§ 40. There may be licensing of a trademark for all or part of the goods or services for which it is registered and for the whole country or a part of this. The license can be an exclusive license or a simple license.

(2). The license must be on the holder or licensee's application shall be recorded in the trademark register. Also notes in the register when it is later established that the license has expired.

(3). The proprietor of a trade mark may invoke the rights conferred by a trade mark invoked against a licensee who breaches any of the provisions of the license agreement with respect to the validity of the licence, the form in which the trademark may be used in accordance with the registration, the nature of the goods or services for which the license is granted, the geographic area within which the goods must be fitted with the mark , or the quality of the licensee resulting products or services rendered.

Mortgage and attachment

§ 41. Is the right to a registered trademark has been pledged, or are there seizure therein, Patent and Trademark Office on the holder, the mortgage holder or application by the party concerned note this in the trademark register.

Chapter 6

Provisions relating to legal protection

§ 42. 3) With fine punished anyone who intentionally or grossly negligently violates a trademark law established by registration or use.

(2). Is the infringement committed intentionally and in aggravating circumstances, the penalty can rise to imprisonment up to 1 year and 6 months, unless a higher penalty is inflicted for criminal law § 299 b. aggravating circumstances shall in particular be to exist, if the infringement is hoping a significant and obviously unlawful gain.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(4). Offences covered by paragraph 1, only 66.9% of the injured. Offences covered by paragraph 2, only after the English took exception request, unless the public interest requires a reprimand.

section 43. 4) anyone who intentionally or negligently infringes on someone else's trademark law, must pay





1) an equitable remuneration to the injured for the exploitation and

2) a replacement for the injured for the further injury which the infringement has caused.





(2). When determining compensation in accordance with paragraph 1, nr. 2, shall take into account, among other things. the English lost profit and infringe's unwarranted profits.

(3). In cases covered by paragraph 1, there shall be established a compensation to the injured party for non-economic damage.

(4). Trademark law is founded upon registration, the rules referred to in paragraph 1 shall also apply for the period between the filing of the application and registration of the mark, if the infringer knew or ought to know, that the application was submitted.

section 43 (a). 5), the maritime and commercial court is a Community trade mark court of first instance, and the Supreme Court is a Community trade mark court of second instance in accordance with the Community trade mark regulation art. 91.

section 43 (b). The prohibition under the Community trade mark regulation art. 99, paragraph 1, should be decommissioned by the enforcement court.

(2). The provisions of the code of civil procedure kap. 57 shall apply mutatis mutandis.

section 43 c. 6) Ban, which must take effect on any Member State, without prejudice. The Community trade mark regulation art. 99 (2), decommissioned by the maritime and commercial court.

(2). The maritime and commercial court's decisions pursuant to paragraph 1 may be appealed to the Eastern High Court.

(3). The provisions of the code of civil procedure kap. 57 finds, moreover, apply mutatis mutandis. The enforcement court shall provide, on request, the maritime and commercial court assistance for carrying out the tasks referred to in the code of civil procedure § 645.

§ 43 d. 7) ban, both relating to a national trade mark and a Community trade mark, decommissioned by the maritime and commercial court, if the prohibition relating to Community trade marks must have effect on the territory of any Member State, without prejudice. The Community trade mark regulation art. 99 (2). section 43 (c), paragraphs 2-3 shall apply mutatis mutandis.

§ 44. 8) With a view to preventing further violations of the trademark law, the Court may in accordance with the claim by judgment, inter alia. determine that a product that infringes a trademark law,





1) withdrawn from market

2) definitively removed from the trade,

3) destroyed,

4) handed over to the injured or

5) that they illegally dropped trademarks must be removed.





(2). Paragraph 1 shall apply mutatis mutandis to the materials, utensils etc., who primarily has been used for the illicit manufacture of the infringing goods.

(3). The measures provided for in paragraph 1 shall be carried out without compensatory payment to the infringer and shall be without prejudice to a possible replacement to the injured. The measures to be implemented for violating's expense, unless special reasons to the contrary.

(4). By a judgment of measures pursuant to paragraph 1, the Court must take into account the relationship between the seriousness of the measures ordered, and third party interests.

section 44 (a). 9) in a judgment whereby anyone convicted under section § 43 or 44, the Court may on request decide that the judgment must be published in its entirety or in part.

(2). The duty of publication shall be the responsibility of the infringer. The publication should happen to violate's expense and in such a prominent way, as it can reasonably be required.

§ 45. If there are licensed for use of a trademark shall be considered as well as the licensor licensee that reprimand justified in cases of infringement of trade mark rights, if nothing else is agreed.

(2). A licensee who will litigate shall inform licensor thereof.

§ 45 a. 10) where customs and tax administration are given a presumption of violations covered by section 42, such information can be disclosed to the rightholder.

Chapter 7

Various provisions

§ 46. Patent and trademark Agency's decisions in accordance with this Act may be brought before the Patent Board of appeals (Appeals Board for patents and trademarks) within 2 months after that decision is announced. Within the same time limit for complaint processing fee must be paid. If this does not happen, the complaint must be rejected. The Court of Patent Appeals have suspensive effect.

(2). Appeals Board decisions may not be brought before the higher administrative authority.

(3). Actions against decisions of the Patent and Trademark Office, which can be appealed to the Appeals Board may be challenged before the courts, not before the Appeals Board decision. Action against the decisions of the Appeals Board shall be instituted within 2 months after that decision is announced. His action has suspensive effect.

§ 47. 11) Patent and Trademark Office can, upon request, undertake to solve specific tasks related to trademarks, and trademark law.

(2). The Minister for economic and business affairs lays down rules on remuneration, and on payment of the fee for reminder letters for late payment.

(3). Law on open Government applies, with the exception of section 4, paragraph 2, not for the tasks referred to in paragraph 1.

section 48. The Minister for economic and business affairs lays down detailed provisions on trademark applications and their treatment. It can be determined, including the extent to which the Patent and Trademark Office of its own motion, shall ensure compliance with the conditions for registration of the mark is present. The Minister for economic and Business Affairs also sets out provisions for the sharing of applications and registrations, the treatment of objections and waiver of claims of administrative privileges, see. sections 18 and 19, for registration and annihilation of trademarks and on expeditions, alerts, transcripts of register, etc.

(2). The Minister for economic and business affairs shall lay down detailed rules concerning the registry's device and application, on which information can be entered in the register, and on the publication of registrations, etc.

(3). The Minister for economic and business affairs may establish fees for the sharing of applications and registrations for expeditions, alerts, transcripts, etc. for economic and business affairs can furthermore provide for repayment of the fees, etc.

(4). The Minister for economic and business affairs shall lay down the provisions necessary for the application of the regulation on the Community trade mark, including provisions relating to Community trade mark applications and registrations over time for national applications, on expeditions, notifications, etc., as well as the fees for doing so.

(5). The Minister for economic and business affairs may lay down detailed rules for the determination of which days are regarded as closing days for the Patent and Trademark Office.

§ 49. Assign the Minister for economic and business affairs of its powers under the law to the Patent and Trademark Office, the Minister may lay down rules on the appeals procedure, including the complaints cannot be challenged before the higher administrative authority.

Chapter 8

International trademark registration
§ 50. By an international trademark registration means a registration under the in Madrid on 14. April 1891 adopted Agreement concerning the international registration of trademarks with later revisions (the Madrid Agreement) or in accordance with the in Madrid on 27 November. June 1989 adopted the Protocol to the Madrid Agreement (the Protocol).

The effects of an international registration

§ 51. From the date of registration or from the date of a subsequent designation has an international trademark registration designating Denmark, the same validity as if the mark was registered in Denmark.

Refusal

§ 52. Patent and Trademark Office may, within the period laid down in the Madrid Agreement or the Protocol, notify the International Bureau in whole or in part the validity of the label refusal in Denmark, if the mark does not satisfy the registration conditions according to this law, or if there is an objection.

Cancellation and continuation in Danish court

§ 53. If the international trademark registration loses its validity, the validity of its lapses also in Denmark from the date of cancellation of the international registration.

(2). Delete the international registration according to the Protocol, at the request of the original registration authority or as a result of a Contracting Party to resign from the Protocol, the holder may submit a Danish trademark application with the same effect as if the application was filed on the filing date of the international registration or the date of a subsequent designation, provided that





1) the application is filed within three months after the date of extermination,

2) the application shall not include goods or services other than the international trademark registration and

3) application meets the requirements for a Danish trademark application, and the applicant pays the prescribed fees.





Prohibition of double protection

§ 54. In cases where a registered trademark in Denmark also on brand holder's request is the subject of an international trademark registration, should the international trademark registration take the place of the Danish registration if





1) Denmark is designated either originally or subsequently,

2) the goods or services covered by the Danish registration, also is the subject of the international registration, and

3) Denmark is designated later than the filing date for the Danish registration.





(2). Patent and Trademark Office shall, on request, make a note in its register, the existence of an international trademark registration.

Application for international trademark registration on the basis of an application or registration in Denmark

§ 55. An international trademark application can be submitted by Danish nationals as well as natural or legal persons resident in Denmark or are holders of a real and effective industrial or commercial establishment in Denmark.

section 56. International trademark applications on the basis of an application or registration in Denmark shall be submitted to the Patent and Trademark Office in accordance with the provisions laid down by the Minister for economic and business affairs, see. section 60.

§ 57. An international application shall relate only to the goods or services covered by the Danish application or registration.

§ 58. By filing an international trademark application can be invoked in accordance with the Paris Convention priority.

Renewal, etc.

section 59. For renewal shall be subject to the rules laid down in the Madrid Agreement and Protocol.

section 60. The Minister for economic and business affairs shall lay down detailed rules for the implementation of the provisions of this chapter. Who can lay down specific rules about including publication of the internationally registered trademarks, without prejudice. § 51, and on the basis of objections against this regulation. § 52. The Minister for economic and business affairs may also establish rules on fees for processing of cases in connection therewith.

Chapter 9

Date of entry into force and transitional provisions

section 61. The law shall enter into force on the 1. January 1992 and, at the same time repealed trademark law, see. lovbekendtgørelse nr. 249 of 17. April 1989.

(2). (Transitional provision, omitted).

(3). For trademarks that are registered before 31 December 2001. December 1991, begins 5 years after the first section 25-1. January 1992.

(4). 12) the provisions of Chapter 8 is implemented in whole or in part by means of a notice issued by the Minister for economic and business affairs.

§ 62. Applications by the entry into force of the Act has not been promulgated in accordance with the previous provisions shall be treated in accordance with the provisions of this law.

section 63. 13) the law does not apply to the Faroe Islands and Greenland but may by Royal Decree be put into force for Greenland and the Faroe Islands with the derogations which the special Faroese and Greenlandic conditions warrant.




Act No. 451 of 10. June 2003 amending existing, design law, trademark law, and brugsmodelloven contains the following entry into force and transitional provisions:



§ 5

(1). The law shall enter into force on the 1. July 2003.

(2). (Transitional provisions omitted).




Act No. 1430 by 21. December 2005 amending existing, copyright law with several laws contain the following entry into force and transitional provisions:



§ 8

The law shall enter into force on the 1. January 2006.




Act No. 538 of 8. June 2006 amending the judicial code and various other laws contain the following entry into force and transitional provisions:



§ 105

(1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2-22 and § 106.

Paragraph 2-22. (Transitional provisions omitted).




Act No. 1404 by 27. December 2008 amending the trademark law, criminal law, law on broadcasting, as well as various other laws contain the following entry into force and transitional provisions:



§ 9

(1). The law shall enter into force on the 1. January 2009.

Paragraphs 2 to 4. (Transitional provisions omitted).
Economic and business affairs, the 28. January 2009 Lene Espersen/Jesper Kongstad Official notes 1) Lov nr. 1430 by 21. December 2005 contains provisions implementing parts of a European Parliament and Council Directive 2004/48/EC of 29 April 2004. April 2004 on the enforcement of intellectual property rights (Official Journal of the European Union 2004 nr. L 195, p. 15).

2) This consolidation Act contains comments on the date of entry into force and transitional provisions adopted in the Danish Folketing years 2002/2003 to 2008/2009. Date of entry into force and transitional provisions for previously agreed changes to trademark law exists in lovbekendtgørelse nr. 782 of 30. August 2001. The below specified legislative changes as a result of Act No. 451 of 10. June 2003 amending existing, design law, trademark law and brugsmodelloven, law No. 1430 by 21. December 2005 amending existing, copyright law with more laws, law No. 538 of 8. June 2006 amending the judicial code and various other laws as well as Act No. 1404 by 27. December 2008 amending the trademark law, criminal law, law on broadcasting, as well as various other laws do not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.

3) section 42 of the above wording came into force on 1 January. January 2009, see. Act No. 1404 by 27. December 2008

4) section 43 of the above wording came into force on 1 January. January 2006, see. Act No. 1430 by 21. December 2005. Paragraph 5 of that provision were repealed with effect from 1. January 2007, see. Act No. 538 of 8. June 2006.

5) section 43a of the here listed version; entered into force on 1. January 2007, see. Act No. 538 of 8. June 2006.

6) section 43 c, paragraph 1 of the above wording came into force on 1 January. January 2007, see. Act No. 538 of 8. June 2006.

7) section 43d in the above wording came into force on 1 January. January 2007, see. Act No. 538 of 8. June 2006.

8) section 44 of the above wording came into force on 1 January. January 2006, see. Act No. 1430 by 21. December 2005.

9) § 44a entered into force on 1. January 2006 and was inserted by Act No. 1430 by 21. December 2005.

10 § 45a) entered into force on 1. January 2009 and was inserted by Act No. 1404 by 27. December 2008.

11) section 47, paragraph 2 of the above wording came into force on 1 January. July 2003, see. Act No. 451 of 10. June 2003.

12) Chapter 8 came into force on 1. April 1996 by Decree No. 131 of 15. March 1996.

13) By the Royal Decree of 16. December 1991 is law No. 341 of 6. enter into force on 1 June 1991. January 1992 in Greenland. By the Royal Decree of 4. in May 1994, law No. 341 of 6. enter into force on 1 June 1991. June 1994 on the Faroe Islands.