Key Benefits:
Chapter 1 General provisions
Chapter 2 Registration of trademarks
Chapter 3 Termination of the registration
Chapter 4 Special provisions concerning the registration of foreign trade marks
Chapter 5 Transfer and licensing, etc.
Chapter 6 Provisions relating to legal protection
Chapter 7 Various provisions
Chapter 8 International trademark registration
Chapter 9 Entry into force and transitional provisions
Completion of the trade mark 1)
In this way, the trade mark shall be announced, cf. Law Order no. 782 of 30. This is August 2001, with the changes that are being made by Section 4 of Law No 2. 451 of 10. June 2003, section 2 of law no. 1430 of 21. In December 2005, Section 32 of Law No 538 of eight. June 2006 as well as section 1 of the Law No 1404 of 27. December 2008. 2)
Chapter 1
General provisions
§ 1. Persons and undertakings may, in accordance with the provisions of this Act, acquire the exclusive rights of trade marks (trademarks). In the case of trade marks, the characteristics of goods or services used or intended for use in a business enterprise shall be defined as being used.
Labors of goods
§ 2. A trade mark may consist of all species of character capable of separating the goods or services of other undertakings and which may be rendered graphically, in particular :
1) words and words, including slogans, names, company names, or names of permanent properties,
2) letters and numbers,
3) shapes and depictions ; or
4) the shape, equipment or packaging of the goods.
Paragraph 2. Characters may not be acquired for a character only consisting of the nature of the product which is a consequence of the nature of the product, the design of the goods necessary to achieve a technical result or a design in which the goods are given a substantial ; value.
Ladination of the trade mark
§ 3. Commodied can be founded either
1) in the case of registration of a trade mark in accordance with the rules laid down in this Act for the goods or services provided for by the registration ; or
2) at the entry into service of a brand in this country for the goods or services for which the trade mark has been used and for which the products are permanently used.
Paragraph 2. The rights of the founder cannot be used as a trademark that has been excluded from registration.
Paragraph 3. Where appropriate, the right of the entry into service is not, where appropriate, the right of the first, when and in so far as it creates specific characteristics through the use of the label.
The content of the item of goods
§ 4. The holder of a proprietor may prohibit other people who do not have his consent, to make commercial use of characters if :
1) the character is identical to the trade mark and the goods or services for which the goods are used, are of the same kind as the goods or services for which the trade mark is protected ; or
2) the symbol is identical to or similar to the trade mark and the goods or services are of the same or similar nature, provided that there is a risk of confusion, including that it is considered that there is a connection with the trade mark.
Paragraph 2. Regardless of the restriction of paragraph 1. However, 1 for goods or services of the same or similar kind may the trade mark holder also prohibit the use of goods or services of other species if the trade mark is well known in this country, and the use of which would result in an undue exploitation of : the specific characteristics of the trade mark or the specific nature of the trade mark or the distinctive or depurity of interest.
Paragraph 3. In particular, commercial use shall be regarded as :
1) to place the sign on the goods or on their packaging,
2) to supply the goods to sell, to market them or to store them for this purpose or to offer or provide services under that sign,
3) importing or exporting the goods under the given sign, or
4) to use the character of the business records and advertising purposes.
Limitations in the holder ' s rights
§ 5. The proprietor of a trademark owner may not prohibit the use of others in accordance with good marketing practices by commercial use of :
1) own name and address,
2) particulars concerning the nature of the goods or services, nature, quantity, use, geographical origin, the time of the manufacture or the performance of the service or other characteristics of the goods ; or the service, or
3) the trade mark where necessary to indicate the use of goods or services, in particular as accessories or spare parts.
Konsumption
§ 6. The proprietor of a trademark owner may not prohibit the use of the label on goods which by the holder or with his consent have been placed on the market within the European Communities under this label.
Paragraph 2. Paragraph 1 shall not apply where the holder has reasonable cause to oppose the continued marketing of goods, in particular in cases where their condition has been changed or impaiced after they are placed on the market.
Colliding Rights
§ 7. Requires two or more each of them to be marked for the same or similar characteristics, have the first claimed quite a step, unless otherwise provided by the provisions laid down below. A registered right shall be deemed to have been established on the date on which the application is submitted, cf. section 12, or on the day on which the priority is requested by the rules in § § 18 or 19.
§ 8. A younger right to a registered trademark may consist of an elderly person ' s prior right to an exchange mark if the application has been submitted in good faith, and the holder of the earlier right has been familiar with and tolerated in this country of the younger one ; correct for five consecus the following years.
§ 9. A younger right to a trademark can also be a legacy of an elderly right to an equitable trade mark if the proprietor of the older person has not taken the necessary steps to prevent the use of the younger trade mark.
§ 10. In the cases referred to in sections 8 and 9, the holder of a younger trade mark may not prohibit the use of an older trade mark, even if the proprietor of the older trade mark may no longer apply to the younger trade mark.
Paragraph 2. In the cases referred to in section 9, where appropriate, it may be determined that one of the product tags or both may be used in a particular manner, for example, in a certain format or with the addition of a site specification.
Rendering of a trade mark in dictionaries and so on
§ 11. In the case of lexical manuals, manuals, textbooks or similar writings of professional content, the author, publisher and publisher shall, at the request of the holder of a registered trademark, make sure that it is not rendered without specifying that it is a registered trademark.
Paragraph 2. The one that does not fulfil its obligations under paragraph 1. 1, shall cost a rectifying notice in the manner in which it is reasonable.
Chapter 2
Registration of trademarks
§ 12. The application for registration of a trade mark shall be submitted to the Danish Patent Office and the Trade name Board. The application must include a declaration of the trade mark and an indication of the applicant ' s name or company. The application shall also indicate the goods or services for which the mark is registered.
Paragraph 2. The application must be drawn up in accordance with the provisions laid down in Article 48. The application shall follow the fee set.
Paragraph 3. The Danish Patent and Trade Condency Board shall have a trade mark on the trade mark. Management publishes registrations and so on
Registration shingling
§ 13. A trade mark must be in order to be able to be registered by the nature of the specified in section 2, including, where necessary, special features.
Paragraph 2. The following trademarks are excluded from registration :
1) Trademarks consisting solely of characters or indications that may be used in the turnover to describe the nature of the goods or the nature of the service, the quantity, use, value, geographical origin, the time of the manufacture of the goods or the service ; the performance of the service, or any other nature of the service.
2) Trademarks, which consist solely of signs or indications, which are used in daily language or in accordance with normal marketing practices, constitute an usual designation for the goods or service providers.
Paragraph 3. A trade mark may, notwithstanding the provisions of paragraph 1, 1 and 2 shall be recorded if, before the application of the application, as a result of the use made of it, the specific nature of the application has been given special characteristics.
§ 14. Exclusion from registration shall also be :
1) Trademarks contrary to law, public order or sapability.
2) Trademarks which are suitable for misleading purposes, such as the nature of the goods or the services, the nature or geographical origin of the goods.
3) Trademarks not approved by the competent authorities and who are to be refused by virtue of Article 6 (c of the Paris Convention for the Protection of Industrial Property Protection, as well as marks, emblems and weapons that have public interest ; unless their registration has been authorized by the competent authority.
4) Trademarks which are made up of or contain a constituent which may be regarded as a person or company name for which another has a lawful access, or as a portrait, and there is no sign of prolonged deceased persons, or, the carjacking contains a peculient name or depiction of the other's regular property.
5) Trademarks which are made up of or contain a component which may be construed as the prone title of another person's protected literary or artistic work or who infringes someone else's copyright to such work or the right to a photographic image or someone else's industrial rights.
§ 15. A trade mark is excluded from registration if :
1) it is identical to an older trade mark and the goods or services for which the label is registered, is of the same kind as the goods or services for which the older mark is protected ; or
2) there is a risk of confusion, including the fact that there is a connection with the older brand, because the younger label is identical to or similar to the older brand, or the goods or services are of the same or similar nature.
Paragraph 2. In the age of older goods, 1 means
1) the marks of the following categories if the date of application is before the date of the mark of the trade mark, where appropriate, taking into account the priority that is applied to support these marks :
a) Community trade marks,
b) trade marks 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 marks, the anciennity of one of the products referred to in paragraph 1 is invoked, the marks referred to in (b) and (c), even if they are forfeit, or has fallen,
3) applications of the under No 2, The labels referred to in 1 and 2 shall be subject to their registration ; or
4) trade marks which, at the time of the application, where appropriate, the time of priority in support of the application shall be 'Vitterly known' here in the country in the meaning of Article 6 (b) of the Paris Convention.
Paragraph 3. A trade mark shall also be excluded from registration, if :
1) it is identical to or resemble an older Community trade mark, cf. paragraph 2, and the application is registered for goods or services of a different species for which the older Community trade mark is recorded when the older Community trade mark is well-known in the European Union, and the use of the younger trade mark will result in a person being used to : improper use of the specific or renommé of the old Community trade mark or of such use would prejudice this specific or renommé of the Community ;
2) it is identical to or resembles a "vitterdally known" trademark, cf. paragraph 2, no. 4, and the application is registered for goods or services of a different species for which the older trade mark is known when the use of the younger trade mark may lead to the fact that it is a link between the marks and that the use is made of the use of the other species ; in the case of an unbribed exploitation of the old product ' s specific or renommé of the elderly, it would prejudice this specific or renommé of such use, or
3) it is identical to or only differs from a trade mark, which at the time of the application, where appropriate, the date of priority which is granted in support of the application has been taken in use in foreign countries and is still applicable there ; goods or services of the same or similar species as those for which the younger brand is registered and the applicant at the time of the application, or should have known about the foreign mark.
Paragraph 4. A trade mark is also excluded from registration, if :
1) the trade mark is identical to or resemble an older Danish trade mark in accordance with paragraph 1. 2, and it is being searched for goods or services of a kind other than those for which the older brand is registered when the older brand is well known in this country, and the use of the younger trade mark would cause undue exploitation of the trade mark ; the specific mark or the renommé of the older product, or the use of which would damage such a specific or renommé, or
2) in the case of use in this country, the profession is entitled to an identical or exchanted trade mark or to another in business, identical or exchanted characters before the time of the date of the application of the younger brand or, where appropriate, the time, in the case of the priority that is applied in support of the application of the younger trade mark if the holder of the older right may prohibit the use of the younger brand.
Paragraph 5. A trade mark is not excluded from registration in accordance with the rules laid down in paragraph 1. 1-4, when the holder of the older trade mark or other older rights gives his consent to the registration of the younger brand.
Disclaimers
§ 16. A trademark obtained by registration does not include such parts of the trade mark which cannot be registered separately.
Paragraph 2. Contains a trademark of such ingredients, and there is a particular reason to assume that the registration of the trademark may be dispuuable as regards the scope of the trade mark, that the registration may be expressly exempled from the protection.
Paragraph 3. If it proves later that parts of the trade mark which have been exempted from the protection, a new registration may be carried out by those parts or by the trade mark without the items referred to in paragraph 1. 2 specified restriction.
Item Classes
§ 17. Trademarks are recorded in one or more item (s) or service classes. The Minister for Economic and Industry provides for provisions relating to the division into classes.
Conventional Priority
§ 18. Where an application for registration of a trademark is lodged in this country within six months of the date of the first application for registration of the trade mark, in a country which is attached to the Paris Convention for the Protection of Industry in the case of property rights or as a member of the World Trade Organisation (WTO), the application shall be given priority from the first date of delivery. The priority shall mean that the application in relation to subsequent circumstances, such as the applications or the use of the label of others, shall be deemed to have been submitted at the same time as the entry of the applicant in the foreign state.
Paragraph 2. Paragraph 1 shall apply, subject to reciprocity, the corresponding use of trade marks which have been applied for the first time in a country which is not connected to the Paris Convention or member of the World Trade Organisation.
Preference Priority
§ 19. Where an application for registration of a trademark is lodged in this country within six months of the date of the label for the first time, for goods on an official or officially recognised international exhibition, the application for application shall receive : priority from this date. The priority shall mean that the application in relation to subsequent circumstances, such as other applications for or on the use of the label, shall be deemed to have been delivered at the same time as its application at the exhibition. The said exhibitions shall be understood as defined in the Convention on international exhibitions of 22. November, 1928, with a later revisions.
Treatment of applications
20. Where the application is not in accordance with the law or the provisions laid down by the law, or if Patent and Commodities of Trade are not subject to approval, the Administrative Board shall notify the applicant and the applicant ; establish a time limit for the applicant to make a statement.
Paragraph 2. The Management Board shall, at the end of the period, take a position on the application, unless the applicant has access to a new opinion.
Profit of a right to a trade mark
§ 21. If a person is entitled to an applicant or registered trademark, the Danish Patent and Commodities Management Board may ask the person concerned to request the question before any legal proceedings are to be applied to this effect. If the appeal is not made, the claim cannot be discharged. Notify on this must be provided in the call.
Paragraph 2. Where there is a case concerning the right to a trademark, the treatment of Patent and Commodities may be suspended until the trial is definitively settled.
Registration
§ 22. Where the application is approved, the trade mark shall be recorded and the registration shall be published.
Objection
-23. Once the registration has been published, there is access to express an objection to the validity of the registration. The submission to be justified shall be made to the Patent and Commodities Management Board within 2 months of the date of publication. The entry shall follow a fee, the amount of which is fixed by the Minister for Economic and Business Affairs.
Paragraph 2. If there are any objections, the Management Board shall review the registration in accordance with section 20. During treatment, the rule in paragraph 28 (3) shall apply. 5, and also use. The holder of the registered law shall be informed of the notice and shall have access to the opinion.
Paragraph 3. Maintaining registration, this must be communicated to the person who has objated and the holder of the right.
Paragraph 4. If the registration is fully or partially recorded, the decision shall be published on this subject when it has been finally.
Marker Change
§ 24. At the request of the holder, there may be unimportant changes to a registered trademark, if the overall pressure of the trade mark is not affected by the change.
Paragraph 2. Changes to registered trademarks shall be recorded in the register and published.
Paragraph 3. Moreover, at the request of the holder, there may be unimportant amendments to an application trade mark.
obligation to use
§ 25. If the proprietor of a registered trademark does not, within five years of the end of 5 years from the end of the registration procedure, the actual use of the trade mark in this country for the goods or services for which it is registered or has not been used has been inexterminated for 5 years, the registration may be repealed, cf. section 28, unless reasonable grounds are available for not taking place.
Paragraph 2. The following shall also be considered to be used in accordance with paragraph 1. 1 :
1) The use of the trade mark in a form that does not differ substantially from the form in which it is registered.
2) The placing of the trade mark here in the country on goods or their packaging solely with the export of an eye.
Paragraph 3. Use of a trade mark that takes place with the consent of the holder shall be placed on an equal footing with the proprietor ' s use of the trade mark.
Duration of the registration
SECTION 26. The trademark obtained by registration shall apply from the date on which the application is submitted in section 12, and goods for 10 years from the day of registration.
Paragraph 2. The registration may be renewed for 10 years at a time from the expiry of the relevant registration period.
Renewal
§ 27. The application for renewal shall be made by the payment of the fixed fee for Patent and Trade mark management at least six months prior to and no later than six months after the expiry of the registration period.
Paragraph 2. If the application is in order, the renewal shall be introduced in the register.
Paragraph 3. The Danish Patent and Commodity Board shall charge for the renewal fees of the proprietor or his authorized representative, but is not responsible for the loss of rights resulting from a lack of collection.
Paragraph 4. Where the application is not in accordance with the provisions of the Commission, the Danish Patent and Commodities Board shall notify the Administrative Board thereof and shall set a time limit for the applicant to make a statement.
Paragraph 5. The Management Board shall, at the end of the period, take a position on the application, unless the applicant has access to a new opinion.
Chapter 3
Termination of the registration
§ 28. If a trademark is registered in breach of the provisions of this Act, registration may be deleted, cf. however, sections 8 and 9. If the onset of the registration is a non-preferential and similar one, cf. Section 13 must also take into account the use that has occurred after the registration, cf. Section 13 (1). 3.
Paragraph 2. A registration may also be repealed if :
1) the trade mark has not been used in accordance with section 25 ;
2) the trade mark as a result of the undertaking ' s activities or the passivity of the holder in the industry for the product or service that the product has been registered, or
3) the trade mark as a consequence of the use made by the holder or by his consent, by the goods or services for which it is registered, is suitable for misleading purposes, in particular as regards the nature of the goods or services ; nature or geographical origin.
Paragraph 3. Requirements for the lifting of a trade mark in accordance with paragraph 1. 2, no. Paragraph 1 shall not apply where genuine use of the trade mark is initiated or resumed in the period between the end of the 5-year period and the date of submission of the application for cancellation. However, commencement or reopening of the use in the preceding three months prior to submission of the application for cancellation shall not, however, be taken into account when preparing for the start or resumption of use only begins when : the holder has been informed of the possibility of a request for cancellation, where appropriate.
Paragraph 4. If the cancellation only relates to a part of the goods or services for which the mark is registered, registration shall be repealed only in respect of their products.
Paragraph 5. If the cause of the suspension is an earlier colliding mark, the requirement for cancellation can be applied only if the person who has claimed the registration has been lifted at the request of the other party to demonstrate that the older mark has been used in accordance with Section 25. If an older registration mark has only been used for a part of the goods or services for which it is registered, it is only recorded for this part of the goods or services. Any of the parties may, at any time, take up proceedings against the other party on matters raised in the case of whether Patent and Commodities have taken a decision on this matter or not.
Termination on judgment
§ 29. Repeal of a registration in accordance with section 28 shall be carried out in judgment, cf. However, section 30. The case shall be subject to the holder and may be placed on the market by anyone who has a legal interest in it. Case in accordance with section 13 and section 14, no. 1-3 may also be considered by the Danish Patent and Commodities Management Board.
Administrative cancellation
-$30. After the completion of the registration procedure, any person on the Patent and Commodic Management Board may request a trademark registration annulment if the conditions for the cancellation of section 28 have been met. The application shall be subject to a fee, the amount of which is fixed by the Minister for Economic and Business Affairs.
Paragraph 2. If a case in the courts for a trade mark registration is not definitively determined, a request shall not be made under paragraph 1. 1 perento the registration.
Paragraph 3. The case shall be taken by the courts for a product marking procedure before a final decision has been taken for a request to be made pursuant to paragraph 1. 1 on registration, Patent and Commodic Board shall present the examination of the request for the request until the end of the case is definitively settled unless the request is made by the holder of the trademark registration.
Paragraph 4. The holder of the registered right shall be informed of the request and shall have access to the opinion.
Paragraph 5. If the registration is fully or partially recorded, the decision shall be published on this subject when it has been finally.
Paragraph 6. The Patent and Commodity Management Decision may be brought to the Patent Board and the courts in accordance with section 46. However, any party may, at any time, take up proceedings against the other party on matters raised in the case of whether Patent and Commodities have taken the case or not.
§ 31. If there is a reasonable doubt that there is a label holder, or if his address is unknown, anyone with a legal interest in there may be discarded by the register of the register.
Paragraph 2. Before termination can be made, Patent and Commodities shall request the holder to give its name within a time limit set by Patent and Commodities of Trade. Notification of the time limit shall be given by registered letter or in the manner in which it is so reassuring. Where the holder ' s address is not known, the time limit shall be notified by public order. If the holder has not known, the register shall be deleted from the register.
Cancellation
§ 32. If the registration of a trademark, renewal of a trademark registration or registration of a change in the register has been carried out in a flagrant error rate, Patent and Commodity Management may not have until 3 months from the date of registration, or the date on which the registration is cancelled, the renewal or the conversion is cancelled.
Prout
§ 33. The release of the register shall be made,
1) when the registration is not renewed ;
2) when marked by the proprietor, the product has been deleted ;
3) if registration is declared invalid pursuant to section 23, or
4) in the case of a decision or the sentence of cancellation pursuant to section 29, 30 or 31.
§ 34. Of any judgment relating to a trademark registration or a trademark application, the competent authority shall send a printout of the Patent and Commodities Management Board.
Chapter 4
Special provisions concerning the registration of foreign trade marks
Home State Registration
$35. An applicant who does not operate in this country and is not the resident of a State that has joined the Paris Convention for the Protection of Industrial Property Rights or as a member of the World Trade Organisation (WTO) must prove that one the corresponding mark has been recorded for the country concerned in the home Member State of the goods or services covered by the application.
Paragraph 2. The Economic and Business Affairs Minister may decide that paragraph is based on reciprocity. Paragraph 1 shall not apply.
§ 36. The Economic and Business Minister may, subject to reciprocity, determine that trade marks which would otherwise not be registered in this country, but registered in a foreign state, can be registered here as recorded in the country ; foreign state. Such registration shall not apply to a wider extent than in the foreign state.
Full-powerful
§ 37. Patent and Trade name Board may call upon the proprietor of the European Economic Area (EEA) to appoint a representative of the European Economic Area (EEA), which, on behalf of its behalf, may receive lawsuits and all available communications relating to the trade mark, binding effect on the holder. The name and address of the full agent shall be entered in the Item Registry.
Chapter 5
Transfer and licensing, etc.
§ 38. The right to a trade mark may be transferred in or without the business where it is used.
Paragraph 2. If any transfer is to be made, the right to the company ' s trademarks shall be made to the operator, unless otherwise is deemed to have been agreed.
§ 39. The transfer of the right to a registered trademark shall be registered in the trademark register.
Paragraph 2. Until the transfer has been notified to Patent and Commodities, the proprietor of the trade mark shall be considered to be the person most recently listed in the register.
License
§ 40. A trade mark may be granted for all or part of the goods or services for which it is registered, as well as for the whole country or part of it. Licences may be an exclusive license or a simple license.
Paragraph 2. Licences shall be recorded in the name of the holder or of the licensee referred to in the Item Registry. Similarly, it shall be noted in the register when it is later shown that the licence has been discharged.
Paragraph 3. The proprietor of a trade mark may make the rights associated with a licence which violates one of the provisions of the license agreement in respect of the period of validity of the licence, the design in which the trade mark must be used ; be used in accordance with the registration, the nature of the goods or services for which the licence is granted, the geographical area within which the goods must bear the mark of the goods or the quality of the goods produced by the licensee ; or provided services.
Border and Posts
§ 41. Where the right to a registered trademark has been pawned or has been published, the Danish Patent and Commodity Authority shall, on the request of the holder, of the pan or of the requestor of the requestor of the requestor of the requestor shall be noted in the subject matter register.
Chapter 6
Provisions relating to legal protection
§ 42. 3) The penalty shall be punished by the person who deliberately or gross negligent violently a trademark of the registration or use of the goods.
Paragraph 2. If the infringement is committed intentionally and under the circumcision of circumstances, the sentence may go to prison until 1 year and 6 months, unless higher penalties have been carried out on the penal code section 299 (b). In any case, in the event of an infringement, it shall be deemed to be available if a significant and evidently judicial action is charged.
Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
Paragraph 4. Extremes covered by paragraph 1. One, it is claimed by the imputed one. Extremes covered by paragraph 1. Two, only in accordance with the request of the aberrative unless the general public is required to make a claim.
§ 43. 4) The person who is intentionally or negligently violates another person's trademark ;
1) a reasonable remuneration for the uproog for exploitation and
2) a replacement for the prejudicing of the additional damage caused by the infringement.
Paragraph 2. By fixing the compensation provided for in paragraph 1. 1, no. In particular, account shall be taken of, inter alia, the loss of profit and the loss of unjustified profits by the wronged by the offence.
Paragraph 3. In matters covered by paragraph 1. In addition, a compensation may be provided to the injured non-economic injury.
Paragraph 4. Where the registration is set for registration, the rules shall apply in paragraph 1. Paragraph 1 shall also apply to the time between the entry and registration of the application and the registration of the registration, if the offence was known or should have known that the application was submitted.
§ 43 a. 5) The Court of Justice of the Sø and HandelsCourt is the first instance and the Supreme Court is in the second instance the Community trade mark court in accordance with the Community trade mark. 91.
§ 43 (b). Prohibition in accordance with the nature of the Community trade mark. 99, paragraph. One shall be closed down by the foal drete.
Paragraph 2. The provisions of the law of the court of law on the caps. 57 shall apply mutatis muth
§ 43 c. 6) Prohibition to take effect on the territory of each Member State, cf. The nature of the Community trade mark. 99, paragraph. 2 shall be closed by the court of the Sø and Handelscourt.
Paragraph 2. Decisions of the Sø and Handelscourt pursuant to paragraph 1. 1 may be paired to the ear of the East Lands;
Paragraph 3. The provisions of the law of the court of law on the caps. Moreover, 57 shall apply mutatis muth. The feedingstuffs shall, on request, provide for the assistance of the Su and Handelscourt to assist in the taking of the tasks referred to in the Danish Court of Justice of the Law of the Law of the Law of the Law of the Profice Act of
§ 43 d. 7) The tenders relating to both a national trade mark and a Community trade mark shall be closed down by the Court of Sø and trade if the prohibition on the Community trade mark shall have effect on the territory of each Member State in accordance with the territory of any Member State. The nature of the Community trade mark. 99, paragraph. 2. § 43 c (3) (c) 2 3, shall apply mutatis mutis.
§ 44. 8) In order to prevent further infringement of the trade mark law, the right to justice may, in particular, determine that a commodity that violates a trademark should, in particular, be :
1) revoked from trade ;
2) definitively removed from trade ;
3) destroyed ;
4) extradited to the exuted or
5) the trademarks of the illegal trade mark must be removed.
Paragraph 2. Paragraph 1 shall apply mutatis mucous use to materials, utensils, etc., which have primarily been used for the illegal manufacture of the insulting goods.
Paragraph 3. The measures referred to in paragraph 1 1 shall be implemented without compensation to the violation and shall not affect a possible replacement to the wronged. The measures shall be carried out on behalf of the infringement, unless special reasons are opposed to such measures.
Paragraph 4. By a judgment on measures taken in accordance with paragraph 1. 1 shall take into account the relationship between the level of the violation, the ordered measures and the interests of third parties.
§ 44 a. 9) In a judgment whereby someone is sentenced in accordance with section 43 or 44, the court at the request of the court may decide that the verdict is published in its entirety or in deductions.
Paragraph 2. The obligation for the publication shall be the subject of the violation. The publication shall be carried out on behalf of the offence and in such a prominent manner as to which it is reasonably possible.
§ 45. Where licences are licensed for use by a trade mark, licences and licensee shall be deemed to be entitled to cases of infringement of the trade mark law, if no other has been agreed.
Paragraph 2. A licensee who will take action must inform the licensor thereof.
§ 45 a. 10) If customs and tax administration are given a request for infringements covered by Section 42, information on this may be disclosed to rights holder.
Chapter 7
Various provisions
§ 46. The Patent and Commodity Authority ' s decisions may be submitted to the Patent Board of Patents (Board of Patents and Trademarks) within two months of the date of notification of the decision. Before the same period, the fee for the appeal proceedings shall be paid. If this is not done, the complaint must be rejected. The establishment of the Patent Board has an ensuame effect.
Paragraph 2. Decisions of the Recognizers may not be brought to a higher administrative authority.
Paragraph 3. The examination of the examination of decisions by Patent and Trade and Trade for the Board of Trade, which may be subject to the courts, cannot be submitted to the courts before the decision of the Board of Appeal shall be available. The test of the decisions of the notified shall be taken within two months of the date of notification of the decision. The lawsuit has an upselling effect.
§ 47. 11) The Administrative Board may, at its request, undertake to carry out specific tasks relating to trade marks and trademarks and brands.
Paragraph 2. The Minister for Economic and Business Affairs lays down rules for payment for this, as well as the payment of the fees for smoking-outs for late payment.
Paragraph 3. Law on public opinion in the administration is valid, except for section 4 (4). 2, not for the tasks referred to in paragraph 1. 1.
§ 48. The Economic and Economic Affairs Minister shall lay down detailed rules on trade mark applications and their treatment. This may include the extent to which Patent and Trade mark management of its own operation should ensure that the conditions for the registration of the trade mark are present. The Economic and Economic Affairs Minister also provides for the sharing of applications and registrations, on the processing of objections and administrative cancellation, on the application of preference for preferential rights, cf. sections 18 and 19, on registration and termination of trademarks and of expeditions, information, transcripts of the register, etc.
Paragraph 2. The Economic and Economic Affairs Minister shall lay down detailed rules on the registration of the register and the information on which information can be entered in the Register and the publication of records etc.
Paragraph 3. The Committee on Economic and Business Affairs may lay down charges for the sharing of applications and registrations, for expeditions, information, recipes, and so on behalf of the Committee on Economic and Business Affairs, may also lay down provisions for repayment, etc. of the the fees concerned.
Paragraph 4. The Economic and Economic Affairs Minister shall lay down the provisions necessary for the application of the Regulation on Community trade marks, including provisions on the transition to national applications by Community trade marks and registration, on expeditions ; the information, etc., and the fees for that.
Paragraph 5. The Minister for Economic and Business Affairs may lay down detailed rules for determining the days to be considered to be the closing days of the Danish Patent and Commodities Management Board.
§ 49. If the Minister for Trade and Trade Minister is committed to the Committee on Patent and Trade and Trade, the Minister can lay down rules on the access of the complaint, including that complaints cannot be brought to a higher administrative authority.
Chapter 8
International trademark registration
$50. An international trade mark registration shall mean a registration in accordance with the 14th of the Madrid Community. April 1891 agreed on the international registration of trademarks with later revisions (the Madrid Arrangements), or in accordance with the 27. June 1989 approved the Protocol to the Madrid Arrangements (Protocol).
The effects of an international registration
§ 51. From the registration date or from the date of a subsequent design, an international trademark registration in which Denmark is designed, the same legal effect, as if the mark was registered in Denmark.
Suggings
§ 52. The Danish Bureau may, within the time limit laid down in the Madrid Arrangements or Protocol, may inform the International Bureau, in whole or in part, to the validity of the label in Denmark if the label does not comply with the Agreement ; the conditions of registration under this law, or if there are any objections.
Wastes and continuation in Danish law
§ 53. If the international trademark registration loses its validity, its validity shall also lapses in Denmark at the time of the date of the suspension of the international registration.
Paragraph 2. The international registration after the Protocol at the request of the original registration authority or as a result of the Protocol by a Contracting Party may submit a Danish trade mark application, at the request of the original registration authority or as a result of the Protocol, the effect of which the application was submitted at the date of the date of entry into the international registration or the date of subsequent design, provided that :
1) the application shall be submitted no later than three months after the date of deletion,
2) the application does not cover any other goods or services other than the international trademark registration ; and
3) the application, incidentally, meets the requirements for a Danish trade mark application and the applicant shall pay for the charges prescribed.
Prohibition of double protection
§ 54. In cases where one in Denmark registered trademarks also on the occasion of the mark holder is the subject of an international trademark registration, the international trade mark registration must replace the Danish registration, if :
1) Denmark is designated either originally or later,
2) the goods or services covered by the Danish registration shall also be subject to the international registration ; and
3) Denmark is designated later than the application date for the Danish registration.
Paragraph 2. The board of Patent and Commodities shall be noted in the register in his register that there is an international trademark registration.
Application for international trademark registration on the basis of application or registration in Denmark
§ 55. An international trade mark application may be provided by Danish nationals, as well as natural or legal persons resilizing in Denmark, or holders of a regular industrial or commercial undertaking in Denmark.
§ 56. International trade mark applications on the basis of an application or registration in Denmark shall be submitted to Patent and Commodities Management in accordance with the provisions laid down by the Economic and Business Minister, cf. § 60.
§ 57. An international application may include only the goods or services covered by the Danish application or registration.
§ 58. In the case of the submission of an international trade mark application, priority is invoked in accordance with the Paris Convention.
Renewal et cetera.
$59. On renewal, the rules laid down in the Madrid Arrangements and Protocols are subject to rules.
§ 60. The Economic and Industry Minister shall lay down detailed rules for the implementation of the provisions of this chapter. Specific rules may, in particular, be laid down for publication of the internationally registered trademarks, cf. § 51, and the tabling of objections to the contrary, cf. § 52. The Economic and Economic Affairs Minister may also lay down rules on fees for processing cases in this respect.
Chapter 9
Entry into force and transitional provisions
§ 61. The law shall enter into force on 1. In January 1992 and at the same time, the trade mark shall be repealed, cf. Law Order no. 249 of 17. April 1989.
Paragraph 2. (Transitional clause, excluded).
Paragraph 3. For trademarks, registered before 31. December 1991, the five-year period shall be commencing on the first five years after the 1. January 1992.
Paragraph 4. 12) The provisions of Chapter 8 shall be implemented in full or in part by the publication of the Economic and Economic Affairs Minister.
§ 62. Applications which have not been announced in accordance with the provisions to date of the entry into force shall be treated in accordance with the provisions of this Act.
§ 63. 13) The law does not apply to the Faroe Islands and Greenland, but can, by means of a king, power in the Faroe Islands and Greenland, with the deviations that have been attributed to the special ferry and Greenland conditions.
§ 5
Paragraph 1. The law shall enter into force on 1. July, 2003.
Paragraph 2. (Transitional provisions, omitted).
§ 8
The law shall enter into force on 1. January 2006.
§ 105
Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2-22 and § 106.
Two-two-twenty-two. (Transitional provisions, omitted).
§ 9
Paragraph 1. The law shall enter into force on 1. January, 2009.
Strike two-four. (Transitional provisions, omitted).
1) Law No 1430 of 21. This December 2005 provides for the implementation of parts of Directive 2004 /48/EC of the European Parliament and of the Council of 29. April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004) In 195, s. 15).
2) This notice contains comments on the entry into force and transitional provisions adopted in the parliamentary years 2002/2003 to 2008/2009. Entry into force and transitional provisions for previously adopted changes to the trade mark law shall be found in the Law of Law No 2. 782 of 30. August 2001. The changes listed below as a result of law no. 451 of 10. June 2003 amending the Patent Act, Design Law, Trade marks and the Modeling Law Act, Act No. 1430 of 21. In December 2005 on the amendment to patent law, copyright law, law and number of laws. 538 of eight. June 2006 amending the rule of law and various other laws as well as law no. 1404 of 27. In December 2008 amending the trade mark law, the penal code, the law on radio and television, as well as different laws do not apply to the Faroe Islands and Greenland, but may, by royal contrasting, be brought into force for these parts with the deviations which they are, special skills and Greenland conditions are attributeal.
3) Section 42 of this conception entered into force on 1. January, 2009, cf. law no. 1404 of 27. December 2008
4) Section 43 of this conception entered into force on 1. January 2006, cf. law no. 1430 of 21. December 2005. The provisions of paragraph 1 shall be 5 was repealed with effect from 1. January, 2007, cf. law no. 538 of eight. June 2006.
5) Section 43a of the written text entered into force on 1. January, 2007, cf. law no. 538 of eight. June 2006.
6) § 43c, paragraph 1 in the form referred to in this Annex shall enter into force on 1. January, 2007, cf. law no. 538 of eight. June 2006.
7) Section 43d in this stated version entry entered into force on 1. January, 2007, cf. law no. 538 of eight. June 2006.
8) Section 44 of this conception entered into force on 1. January 2006, cf. law no. 1430 of 21. December 2005.
9) Section 44a entered into force on 1. In January 2006, a law number was introduced. 1430 of 21. December 2005.
10) § 45a entered into force on 1. In January 2009, the law number was inserted. 1404 of 27. December 2008.
11) § 47, paragraph. 2 in the draft text, entered into force on 1. July 2003, cf. law no. 451 of 10. June 2003.
12) Chapter 8 came into force on 1. April 1996 in the order of publication No 1 131 of 15. March 1996.
13) At a royal contraption of 16. December 1991 is trademark law no. 341 of 6. June 1991 put into force on 1. January 1992 in Greenland. By royal device of 4. ' May 1994 is trademark law no. 341 of 6. June 1991 put into force on 1. June 1994 on the Faroe Islands.
