Denmark - amended Trademarks Act

Newsletters and Bulletins / July 1997 / Denmark

Denmark - Amended Trademarks Act

The Trademarks Act was amended on January 1, 1997, in order to enable Denmark to ratify the Trademark Law Treaty, and to bring the Danish Trademark Law into conformity with the TRIPS Agreement and the European Union Harmonization Directive. The amendments will enable the following principal changes:

1) the Patent Office may in the future refrain from examining all new trademark applications for inherent or relative registrability;

2) it will be possible for applicants or owners of trademark registrations to request an administrative re-examination of a trademark registration after the registration procedure (including the opposition and appeal procedure) has been finalized;

3) owners of foreign trademarks may oppose similar marks for similar goods if the applicant was or should have been aware of the foreign trademark.

It is not yet clear if and when the changes outlined in 1) and 2) above will take effect.

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