Consolidate Act No. 782 of30 August 2001
The Consolidate Trade Marks Act
Notice is hereby given ofthe Trade marks Act. cf. The Consolidate Trade Marks Act 162 ofZl February ]997, including the amendments which follow from Act No. 412 on] May 2000 and Act No. 1258 of20 De- cember 2000. 11
Part I
General Provisions
Establishing a trade mark right
Section 3
Contents ofthe trade mark right
Section 4
by registration of a trade mark in accord- ance with the rules of this Act for the goods or services comprised by the registration; or by commencement of use ofa trade mark in this country for the goods or services for which the trade mark has commenced to be used and for which it is continuously used.
(I) A trade mark right may be established ei- ther (i)
(ii)
(2) Use of a trade mark which according to its nature is excluded from registration shall not es- tablish any trade mark right.
(3) If the trade mark is devoid of the required distinctive character on commencement of use. the right shall not be established until a distinc- tive character is created by the use of the mark.
(l) The proprietor of a trade mark right shall be entitled to prohibit all persons not having his consent from using in the course of trade any sign if (i) the sign is identical with the trade mark,
and the goods or services for which the sign is used are identical with the goods or serv-
Section I
Pursuant to the provisions of this Act persons and enterprises may obtain an exclusive right to trade marks (trade mark right). Trade marks mean distinctive signs for goods or services be- ing used or intended to be used by a commercial enterprise.
Signs ofwhich a trade mark may consist
Section 2
(1) A Trade mark may consist of any sign ca- pable of distinguishing the goods or services of one enterprise from those of other enterprises and capable of being represented graphically, in particular: (i) words and word combinations, including
slogans, personal names, company names or names of real property;
(ii) letters and numerals; (iii) pictures and designs; or (iv) the shape, equipment or packaging of the
goods.
(2) A trade mark right shall not be acquired for signs which consist exclusively of a shape which is dictated by the goods themselves, a shape of goods which is necessary to obtain a technical result or a shape which gives substantial value to the goods.
The Ministrv of Trade and Business The Danish Patent and Trademark Office. .I.No. EM 199R00251 Schultz Grafisk
ices for which the trade mark is protected, or
(ii) the sign is identical with or similar to the trade mark, and the goods or services are identical with or similar to those covered by the trade mark, if there is a likelihood of confusion including the likelihood of asso- ciation with the trade mark.
(2) Irrespective of the limitation in subsection (l) to goods or services being identical with or similar to those covered by the trade mark, the proprietor of the trade mark shall be entitled to prohibit the use of the Trade mark also in rela- tion to goods or services which are not identical or similar where the trade mark is well known in this country and the use would take unfair advan- tage of, or be detrimental to, the distinctive char- acter or the repute of the trade mark.
(3) Use in the course of trade means in partic- ular: (i) affixing the sign to the goods or to the pack-
aging thereof; (ii) offering the goods for sale, putting them on
the market or stocking them for that pur- pose or offering or supplying services un- der the sign in question;
(iii) importing or exporting the goods under the sign in question; or
(iv) using the sign on business papers and in ad- vertising.
Limitations in the rights ofthe proprietor
Section 5
The proprietor of a trade mark right shall not be entitled to prohibit others from using, in the course of trade, and in accordance with honest practices in industrial or commercial matters: (i) his own name and address; (ii) indications concerning the kind, quality,
quantity, intended purpose, value or geo- graphical origin of the goods or services, the time of production of the goods or of rendering the services or other characteris- tics of the goods or services; or
(iii) the trade mark when it is necessary for the indication of the intended purpose of the goods or services, in particular as accesso- ries or spare parts.
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Exhaustion
Section 6
(1) The proprietor of a trade mark right shall not be entitled to prohibit the use of the trade mark in relation to goods which have been put on the market in the European Community under that trade mark by the proprietor himself or with his consent.
(2) Subsection (l) shall not apply if there are legitimate reasons for the proprietor to oppose further commercialisation of the goods, espe- cially where the condition of the goods has been changed or impaired after they have been put on the market.
Conflicting rights
Section 7
If two or more parties individually claim a trade mark right in the same or similar signs, the right which has arisen first shall have priority, unless otherwise provided for in the following sections. A registered right shall be deemed to have arisen on the date of filing of the applica- tion for registration, cf. Section 12, or on the date from which priority is claimed pursuant to the rules of section 18 or 19.
Section 8
A later right in a registered trade mark may co- exist with an earlier right in a confusingly similar trade mark provided that the registration was ap- plied for in good faith and that the proprietor of the earlier right has been aware of and tolerated the use in this country of the later right for a pe- riod of five successive years.
Section 9
A later right in a trade mark may also co-exist with an earlier right in a confusingly similar trade mark, if the proprietor of the earlier right has not, within a reasonable time, taken the nec- essary steps to prevent the use of the later mark.
Section 10
(1) In the cases referred to in sections 8 and 9, the proprietor of a later trade mark shall not be entitled to oppose the use ofan earlier trade mark even if the proprietor of the earlier trade mark
may no longer invoke his right against the later trade mark.
(2) In the cases referred to in section 9, it may be decided, if it is deemed reasonable that one or both of the trade marks shall only be used in a special manner, for example in a particular shape or with the addition of an indication of locality.
Reproduction ofa trade mark in dictionaries, etc.
Section 11
(1) In encyclopaedias, handbooks, textbooks or similar publications ofprofessional nature the author, editor and publisher shall, at the request of the proprietor of a registered trade mark, en- sure that the trade mark is not reproduced with- out indication to the effect that it is a registered trade mark.
(2) If any party fails to comply with the provi- sions of subsection (l), he shall be liable to pay the costs of publishing a correcting notice in the manner deemed reasonable.
Part II
Registration oftrade marks
Section 12
(1) An application for the registration of a trade mark shall be filed with the Patent and Trademark Office. The application shall contain a reproduction ofthe trade mark and state the ap- plicant's name or company. Furthermore, the goods or services for which registration of the trade mark is applied for shall be stated.
(2) The application shall be drawn up in ac- cordance with the provisions laid down pursuant to section 48. The prescribed fee shall accompa- ny the application.
(3) The Patent and Trade mark Office shall keep a register of trade marks. The Office shall publish registrations, etc.
Grounds for refusal
Section 13
(1) For a trade mark to be registered it shall be of the nature referred to in section 2, including a distinctive character.
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(2) The following trade marks shall not be reg- istered: (i) trade marks which consist exclusively of
signs or indications which may serve, in trade, to designate the kind, quality, quanti- ty, intended purpose, value, geographical origin, the time of production of the goods or of rendering the services or other charac- teristics of the goods or services;
(ii) trade marks which consist exclusively of signs or indications which are customarily used to designate the goods or services in the current language or in the established practices of the trade.
(3) Irrespective of the provisions of subsec- tions (l) and (2) a trade mark may be registered if, before the filing of the application in conse- quence of the use which has been made thereof, it has acquired a distinctive character.
Section 14
Furthermore, the following shall not be regis- tered: (i) trade marks which are contrary to law, pub-
lic order or morality; (ii) trade marks which are liable to mislead the
public, for instance as to the nature, quality or geographical origin of the goods or serv- ices;
(iii) trade marks which have not been authorised by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property, and trade marks which include badges, emblems, and escutcheons which are of public interest, unless the consent of the appropriate authority to their registra- tion has been given;
(iv) trade marks which without permission con- sist of or contain an element which can be construed as a personal name or company name to which another party has a legal ti- tle, or as a portrayal provided allusion is not made to persons long dead, or which with- out permission contain a distinctive name of or a picture of the real property of anoth- er party;
(v) Trade marks which without permission consist of or contain an element which can be construed as a distinctive title of the pro- tected literary or artistic work of another
party or which infringe the copyright in such works or the right to a photograph of another party or the industrial property rights of another party.
Section 15
(1) A trade mark shall not be registered if: (i) it is identical with an earlier trade mark, and
the goods or services for which the trade mark is sought registered are identical with the goods or services for which the earlier trade mark is protected; or
(ii) there exists a likelihood of confusion in- cluding a likelihood of association with the earlier trade mark, because the later trade mark is identical with or similar to the ear- lier trade mark and the goods or services are identical or similar.
(2) For the purpose of subsection (1) earlier trade marks mean: (i) marks of the following categories in respect
of which the date of application for regis- tration is earlier than the date of application for registration of the trade mark, taking ac- count, where appropriate, of the priorities claimed in respect of those marks:
a) Community trade marks; b) trade marks registered in this country; or c) trade marks registered under international
agreements and having effect in this coun- try;
(ii) Community trade marks which claim sen- iority, in accordance with the Regulation on the Community trade mark, in relation to a trade mark referred to under (i) b) and c), even if the latter trade mark has been sur- rendered or has lapsed;
(iii) applications for trade marks referred to un- der (i) and (ii), subject to their registration;
(iv) trade marks which, on the date of applica- tion for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in this country, in the sense in which the words "well known" are used in Article 6bis ofthe Paris Convention.
(3) A trade mark shall, furthermore, not be registered if (i) it is identical with or similar to an earlier
Community trade mark, cf. Subsection (2)
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and is sought registered for goods or servic- es which are not similar to those for which the earlier Community trade mark is regis- tered, provided that the earlier Community trade mark is well known in the European Union and the use of the later trade mark will take unfair advantage of, or be detri- mental to, the distinctive character or the repute of the earlier Community trade mark.
(ii) it is identical with or similar to a "well known" trade mark, cf. subsection (2) (iv), and is sought registered for goods or servic- es which are not similar to those for which the earlier trade mark is well known, pro- vided that the use of the later trade mark may lead to a likelihood of association be- tween the marks, and the use will take un- fair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark, or
(iii) it is identical with or only insignificantly distinct from a trade mark, which at the date of filing of the application for registration or, where appropriate, of the priority claimed in respect of the application for registration, has commenced to be used in another country and is still in use there for goods or services which are identical with or similar to those for which the later trade mark is sought registered, and the applicant at the date of the filing had, or should have had, knowledge of the foreign trade mark.
(4) A trade mark shall moreover not be regis- tered if: (i) the trade mark is identical with or similar to
an earlier Danish trade mark within the meaning of subsection (2) and is sought registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the earlier trade mark is well known in this country and where the use of the later trade mark would take unfair advantage of, or be detri- mental to, the distinctive character or the repute of the earlier trade mark; or
(ii) in consequence ofuse in this country a right has been acquired to an identical or confus- ingly similar trade mark or to another iden- tical or confusingly similar sign used in the course of trade prior to the date of filing of the application for registration of the later
trade mark, or, where appropriate, of the priority claimed in respect of the applica- tion for registration of the later trade mark, if the proprietor of the earlier right can pro- hibit the use of the later trade mark.
(5) A trade mark shall not be excluded from registration pursuant to the provisions of subsec- tions (l) to (4) where the proprietor ofthe earlier trade mark or other earlier rights consents to the registration ofthe later trade mark.
Disclaimers
Section 16
(1) A trade mark right acquired by registration shall not include such elements ofthe trade mark as cannot be registered separately.
(2) If a trade mark contains such elements, and there is special reason to assume that registration of the trade mark may cause doubt as to the scope ofthe trade mark right, such elements may on registration be explicitly excepted from the protection.
(3) If elements of the trade mark which have been excepted from the protection appear later on to have become registrable, a new registration may be made of these elements or of the actual trade mark without the limitation referred to in subsection (2).
Classes ofgoods
Section 17
Trade marks shall be registered in one or more classes of goods or services. The Minister of Trade and Industry shall lay down provisions concerning the division into classes.
Convention priority
Section 18
(1) If an application for the registration of a trade mark is filed in this country within six months after the filing of the first application for the registration of the trade mark in a country party to the Paris Convention for the Protection of Industrial Property, or a member ofthe World Trade Organisation (WTO), the application shall on request receive priority from the first filing date. The priority implies that the application in
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relation to later occurring circumstances, such as other parties' applications for or use of the trade mark, shall be considered filed at the same time as the filing of the application in the foreign state.
(2) Subject to reciprocity subsection (I) shall apply mutatis mutandis to trade marks applied for the first time in a country which is not a party to the Paris Convention or a member of the World Trade Organisation.
Exhibition priority
Section 19
If an application for the registration of a trade mark is filed in this country within six months after the trade mark has been used for the first time for goods displayed at an official, or offi- cially recognised, international exhibition, the application shall on request receive priority from that date. The priority implies that the applica- tion in relation to later occurring circumstances such as other parties' applications for or use of the trade mark, shall be considered filed at the same time as its use at the exhibition. The exhi- bition referred to are such exhibitions as are de- fined in the Convention on International Exhibi- tions signed on 220d November 1928, as subse- quently revised.
Processing ofapplications
Section 20
(I) Ifthe application does not comply with this Act or the provisions laid down pursuant to this Act, or if the Patent and Trademark Office has other objections to the acceptance ofthe applica- tion, the Patent and Trademark Office shall noti- fy the applicant accordingly and invite him to file his observations within a specified time lim- it.
(2) On the expiry of the time limit the Patent and Trademark Office shall decide on the appli- cation unless the applicant is invited again to file his observations.
Claiming a right to a trade mark
Section 21
(1) If anybody claims to be entitled to a trade mark for which registration has been applied for
or to a registered trade mark, the Patent and Trademark Office may, if it finds the question doubtful, invite him to bring it before the courts within a time limit to be specified. If the invita- tion is not complied with, the claim may be dis- regarded. Information to that effect shall be giv- en in the invitation.
(2) If legal proceedings have been instituted concerning the right to a trade mark, the process- ing of the application by the Patent and Trade- mark Office may be suspended until a final deci- sion has been given in the legal proceedings.
Registration
Section 22
When the application has been accepted, the trade mark shall be registered, and the registra- tion shall be published.
Opposition
Section 23
(1) When the registration has been published, opposition may be filed against the validity of the registration. The opposition, which shall be reasoned, shall be filed with the Patent and Trademark Office within two months from the date of publication. A fee, the amount of which shall be fixed by the Minister of Trade and In- dustry, shall accompany the opposition.
(2) If opposition has been filed, the Patent and Trademark Office shall examine the registration in accordance with section 20. Section 28 (5) shall also apply during the examination. The pro- prietor of the registered right shall be notified of the opposition and be given an opportunity to submit his observations.
(3) If the registration is maintained, the person having filed the opposition and the proprietor of the right shall be given notice hereof.
(4) Ifthe registration is declared void in part or in full, the decision to that effect shall be pub- lished when it is [mal. .
Amendment oftrade marks
Section 24
(1) At the request of the proprietor insignifi- cant amendments of a registered trade mark may
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be made, provided that the general impression of the trade mark is not influenced by the amend- ment.
(2) Amendments of registered trade marks shall be entered in the register and published.
(3) At the request of the proprietor insignifi- cant amendments may also be made of a filed trade mark.
Requirement ofuse
Section 25
(1) If, within a period of five years following the date ofthe completion ofthe registration pro- cedure, the proprietor of a registered Trade mark has not put the Trade mark to genuine use in this country in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted pe- riod of five years, the registration may be re- voked, cf. section 28, unless there are proper rea- sons for non-use.
(2) The following shall also constitute use within the meaning of subsection (n( � (i) use of the trade mark in a form which does
not significantly differ from the form in which it was registered;
(ii) affixing the trade mark to goods or to the packaging thereof in this country solely for export purposes.
(3) Use of the trade mark with the consent of the proprietor shall be deemed to constitute use by the proprietor.
Duration ofthe registration
Section 26
(1) The right obtained by registration ofa trade mark shall be effective from the date on which the application is filed pursuant to section 12, and shall continue to be effective for ten years from the date of registration.
(2) The registration may be renewed for peri- ods of ten years from the expiry of the period of registration concerned.
Renewal
Section 27
(1) Application for renewal shall be made by payment to the Patent and Trademark Office of
the prescribed fee not earlier than six months be- fore and not later than six months after the expiry of the registration period.
(2) If the application is accepted, the renewal shall be entered in the register.
(3) The Patent and Trademark Office shall col- lect renewal fees from the proprietor of the trade mark or his agent, but shall not be held responsi- ble for any loss of right as a consequence of non- collection.
(4) If the application does not comply with the provisions laid down, the Patent and Trademark Office shall notify the applicant accordingly and prescribe a time limit for the applicant to file his observations.
(5) On the expiry of the time limit the Patent and Trademark Office shall decide on the appli- cation, unless the applicant is invited again to file his observations.
Part III
Termination ofthe registration
Section 28
(1) If a trade mark is registered contrary to the provisions ofthis Act, the registration may be re- voked, cf., however, sections 8 and 9. If the grounds for revocation are a lack of distinctive character or the like, cf. section 13, the use which has taken place after the registration, cf. section 13 (3) shall also be taken into account.
(2) A registration may also be revoked if the trade mark: (i) has not been used in accordance with sec-
tion 25; (ii) in consequence of the activity or inactivity
of the proprietor, has become the common name in the trade for the product or service in respect of which it is registered; or
(iii) in consequence of the use made of it by the proprietor or with his consent in respect of the goods or services for which it is regis- tered, is liable to mislead the public, partic- ularly as to the nature, quality or geograph- ical origin of the goods or services.
(3) Revocation of a trade mark under subsec- tion (2) (i) may not be claimed where, in the in- terval between the expiry of the five-year period
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and the filing of the application for revocation, genuine use of the trade mark has been com- menced or resumed. The commencement or re- sumption of use within a period of three months preceding the filing of the application for revo- cation shall, however, be disregarded where preparations for the commencement or resump- tion occur only after the proprietor has become aware that an application for revocation may be filed.
(4) Where grounds for revocation exist in re- spect of only some of the goods or services for which the trade mark has been registered, the revocation shall cover those goods or services only.
(5) If the ground for revocation is an earlier colliding trade mark, claim for revocation may only be made if the person having claimed the revocation at the request of the other party can prove that the earlier Trade mark has been used in accordance with section 25. If an earlier regis- tered trade mark has only been used for some of the goods or services for which it is registered, it shall only be considered registered for those goods or services. Any of the parties may at any time bring an action against the other party with respect to matters which are brought up in the case, irrespective of the Patent and Trademark Office having made a decision on the case or not.
Revocation by court decision
Section 29
Revocation of a registration under section 28 shall be made by a court decision, cf., however, section 30. Proceedings shall be instituted against the proprietor and may be instituted by anybody with a legal interest therein. Proceed- ings pursuant to the provisions of section 13 and section 14(i) to (iii) may also be instituted by the Patent and Trademark Office.
Administrative revocation
Section 302)
(1) After the termination of the registration procedure, any person may submit to the Patent and Trademark Office a claim that a trade mark registration be revoked if the conditions ofrevo- cation in section 28 are complied with. A fee, the
amount of which shall be fixed by the Minister of Trade and Industry, shall accompany the claim.
(2) Where proceedings before the court as to a trade mark registration remain to be finally de- cided upon, a request pursuant to subsection I may not be filed as to the registration in question.
(3) Where proceedings as to a trade mark reg- istration are brought before the court prior to a fi- nal decision on a request, pursuant to subsection I, relating to the same registration, the Patent and Trade mark Office shall temporarily shelve the consideration of the request pending the con- clusive settlement of the proceedings, unless the request has been filed by the proprietor of the trade mark.
(4) The proprietor of the registered right shall be notified ofthe claim and shall be given an op- portunity to submit his observations.
(5) If the registration is revoked in part or in full, the decision to that effect shall be published when it is final.
(6) The decision of the Patent and Trade mark Office may be brought before the Patent Board ofAppeal and the courts in accordance with sec- tion 46. However, any of the parties may at any time bring an action against the other party with respect to matters which are brought up in the case, irrespective of the Patent and Trademark Office having made a decision on the case or not.
Section 31
(1) If there is reasoned doubt as to the exist- ence of a proprietor of a trade mark or if his ad- dress is unknown, any person with a legal inter- est therein may request that the trade mark be de- leted from the register.
(2) Prior to any deletion the Patent and Trade- mark Office shall request the proprietor to come forward within a time limit fixed by the Patent and Trademark Office. Notification of the time limit shall be given by registered letter or a sim- ilar, satisfactory method. If the address of the proprietor is unknown, the time limit shall be communicated by public notification. Ifthereaf- ter the proprietor has not come forward, the trade mark shall be deleted from the register.
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Cancellation
Section 32
If a registration ofa trade mark, a renewal of a trade mark registration or an entry of an amend- ment in the register has been made by an obvious mistake, the Patent and Trademark Office may within three months from the date ofregistration or the date of the entry cancel the registration, the renewal or the entry.
Deletion
Section 333)
Deletion from the register shall be made, if (i) the registration is not renewed; (ii) the proprietor ofthe trade mark requests de-
letion of the trade mark; (iii) the registration is declared void pursuant to
section 23; or (iv) a decision is made or a judgement is given
as to revocation pursuant to sections 29,30, or 31.
Section 34
Office copies ofany court decision concerning the registration ofa trade mark or the application for a Trade mark shall be communicated to the Patent and Trade mark Office by the relevant court.
Part IV
Special provisions relating to the registration of foreign trade marks
Domestic registration
Section 35
(1) An applicant who does not conduct busi- ness in this country and who is not a resident of a state which is a party to the Paris Convention for the Protection of Industrial Property or a member of the World Trade Organisation (WTO), shall prove that a similar trade mark is registered for him in his home country in respect of the same goods or services as comprised by the application.
(2) Subject to reciprocity the Minister ofTrade and Industry may direct that subsection (1) shall not apply.
Section 36
Subject to reciprocity the Minister of Trade and Industry may direct that trade marks which would not otherwise be registrable in this coun- try, but which are registered in a foreign state, may be registered in this country such as they are registered in the foreign state. Such a registration shall not extend further than in the foreign state.
Agents
Section 374)
The Patent and Trademark Office may invite the proprietor ofa trade mark to appoint an agent residing in the European Economic Are (EEA) to receive summonses an all other notifications on his behalf as to the trade mark with binding effect on the proprietor. The name and address of the agent shall be entered in the register of trade marks.
Part V
Transfer and licensing, etc.
Section 38
(1) The right to a trade mark may be trans- ferred in or without connection with the enter- prise in which it is used.
(2) If anybody transfers his enterprise, the right to the trade marks of the enterprise shall pass to the transferee unless otherwise has been or is deemed to have been agreed.
Section 39
(1) The transfer of the right to a registered trade mark shall on request be entered in the reg- ister oftrade marks.
(2) Until the transfer has been communicated to the Patent and Trademark Office, the proprie- tor of the trade mark shall be deemed to be the latest person who is entered in the register.
Licensing
Section 40
(1) A trade mark may be licensed for some or all of the goods or services for which it is regis- tered and for the whole or part of the country. A licence may be exclusive or non-exclusive.
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(2) At the request ofthe proprietor or the licen- see the licence shall be entered in the register of trade marks. It shall also be entered in the regis- ter when it is later established that the licence has terminated.
(3) The proprietor ofa trade mark may invoke the rights conferred by the trade mark against a licensee who contravenes any stipulation in the licensing contract with regard to its duration, the form in which the trade mark may be used ac- cording to the registration, the nature of the goods or services for which the licence is grant- ed, the geographical area in which the trade mark may be affixed to the goods, or the quality ofthe goods manufactured or the services rendered by the licensee.
Mortgage and execution
Section 41
If the right to a registered Trade mark has been mortgaged or a writ oiftert factas has been exe- cuted therein, the Patent and Trade mark Office shall at the request of the proprietor, the mortga- gee or the execution creditor enter a note to that effect in the register of trade marks.
Part VI
Provisions concerning the legal protection
Section 425)
(1) Intentional infringement of a trade mark right established by registration or use shall be punished by a fme. Under aggravating circum- stances, including in particular if the purpose of the violation is a significant and obviously un- lawful profit, punishment may increase to im- prisonment of not more than one year.
(2) Proceedings in respect of violations com- prised by subsection (1), first clause, shall be in- stituted by the injured party. Proceedings in re- spect ofother violations shall be instituted by the public authorities on request ofthe injured party.
(3) Companies etc. (legal persons) may be subject to criminal liability in accordance with the rules laid down in part V of the Penal Code.
Section 43
(1) Anybody who intentionally or negligently infringes the trade mark right of another person
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shall be liable to pay a reasonable compensation for the exploitation of the trade mark as well as damages for the further injury which the in- fringement may have caused.
(2) If anybody commits infringement which is not intentional or due to negligence, he shall be liable to pay compensation and damages under the provisions of subsection (l) to the extent it is found reasonable.
(3) Ifthe trade mark right is established by reg- istration, the rules of subsection (l) shall also ap- ply in the interval between the date of filing of the application and the date of registration of the trade mark, if the infringer knew or ought to know that the application had been filed.
(4) Civil cases for the outcome of which the application of this Act is significant shall be brought before the Maritime and Commercial Court in Copenhagen, unless the parties agree otherwise.
Section 43a
The Maritime and Commercial Court in Co- penhagen shall be the Community Trade Marks Court as the court of first instance, and the Su- preme Court as the court of second instance in accordance with article 91 of the Community Trade Mark Regulation.
Section 43b
(1) Injunctions in accordance with article 99 (l) of the Community Trade Mark Regulation shall be issued by the Enforcement Court.
(2) The provisions in Part LVII of the Admin- istration of Justice Act shall apply mutatis mutandis.
Section 43c
(1) Injunctions having binding effect in the area ofany Member State, cf. article 99 (2) ofthe Community Trade Mark Regulation, shall be is- sued by the Maritime and Commercial Court in Copenhagen.
(2) The decisions of the Maritime and Com- mercial Court pursuant to subsection (1) may be appealed against to the Eastern High Court.
(3) Moreover, the provisions in Part LVII of the Administration ofJustice Act shall apply mu-
tatis mutandis. The Enforcement Court shall upon request provide legal assistance to the Mar- itime and Commercial Court for the perform- ance ofthe functions mentioned in section 645 of the Administration of Justice Act.
Section 43d
Injunctions pertaining to a national trade mark as well as a Community trade mark shall be is- sued by the Maritime and Commercial Court in Copenhagen, if the injunction pertaining to the Community trade mark shall have effect in the area of any Member State, cf. Article 99 (2) of the Community Trade mark Regulation. Section 43c (2) and (3) shall apply mutatis mutandis.
Section 44
In cases of infringement ofa trade mark right, the court may decide on measures to prevent the abuse of the Trade mark. In that respect it may inter alia be decided that the illegally affixed Trade marks shall be removed from the goods which are in the possession of the party con- cerned or are otherwise at that party's disposal or, ifnecessary, that the goods shall be destroyed or surrendered to the injured party in return for or without compensation.
Section 45
(1) If a licence has been granted to use of a trade mark, the licensor as well as the licensee shall be deemed to be entitled to institute pro- ceedings in cases of infringement of the trade mark right, unless otherwise has been agreed.
(2) A licensee who wishes to institute proceed- ings shall inform the licensor thereof.
Part VII
Miscellaneous provisions
Section 46
(1) The decisions ofthe Patent and Trade mark Office under this Act may be brought before the Patent Board of Appeal not later than two months after the date on which the party con- cerned was notified of the decision. The fee for appeal shall be paid within the same time limit. If payment is not made, the appeal shall be re- jected as inadmissible. Filing of appeals with the Patent Board ofAppeal shall have suspensive ef- fect.
(2) The decisions of the Patent Board of Ap- peal may not be brought before any higher ad- ministrative authority.
(3) Proceedings for the trial ofdecisions ofthe Patent and Trademark Office which may be ap- pealed against to the Patent Board of Appeal may not be brought before the courts until the decision of the Patent Board of Appeal has been given. Proceedings for the trial of decisions by the Patent Board of Appeal shall be brought within two months after the date on which the party concerned was notified of the decision. The proceedings shall have suspensive effect.
Section 476)
(1) The Patent and Trade mark Office may on request undertake the solution of special tasks concerning Trade marks and Trade mark rights.
(2) The Minister of Trade and Industry shall lay down rules concerning the payment there- fore.
(3) The law of open administration shall ex- cept for Section 4(2) not apply for the tasks re- ferred to in subsection (l).
Section 48
(1) The Minister of Trade and Industry shall lay down further provisions regarding trade mark applications and their processing. It may thereunder be decided to what extent the Patent and Trademark Office of its own motion shall ensure if the conditions of registration of the trade mark are fulfilled. The Minister of Trade and Industry shall furthermore lay down provi- sions regarding division ofapplications and reg- istrations, examination of oppositions and ad- ministrative revocation, claims of priority, cf. sections 18 and 19, registration and deletion of trade marks, and handling ofcases, notifications, extracts from the register, etc.
(2) The Minister of Trade and Industry shall lay down further provisions concerning the ar- rangement and keeping of the register, concern- ing which information may be entered in the reg- ister and concerning the publication of registra- tions, etc.
(3) The Minister of Trade and Industry may prescribe fees for the division of applications and registrations, for handling of cases, notifica-
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tions, extracts, etc. Moreover, the Minister of Trade and Industry may lay down provisions concerning the repayment etc. of the fees in question.
(4) The Minister of Trade and Industry shall lay down the provisions necessary for the appli- cation of the Community Trade Mark Regula- tion, including provisions concerning the con- version of Community trade mark applications and registrations to national applications, con- cerning handling ofcases, notifications, etc. and fees therefore.
(5) The Minister of Trade and Industry may lay down specific rules concerning the days on which the Patent and Trademark Office shall be closed.
Section 49
If the Minister of Trade and Industry transfers his authority under this Act to the Patent and Trademark Office, the minister may lay down rules concerning the right of appeal including rules to the effect that appeals shall not be brought before any higher administrative author- ity.
Part VIII
International trade mark registration
Section 50
An international Trade mark registration means a registration under the agreement adopt- ed in Madrid on 14April 1891 concerning the in- ternational registration of marks as subsequently revised (the Madrid Agreement) or under the Protocol relating to the Madrid Agreement (the Protocol) adopted in Madrid on 27 June 1989.
Effects ofan international registration
Section 51
From the date of registration or from the date of a subsequent designation an international trade mark registration designating Denmark shall have the same legal effect as if the trade mark was registered in Denmark.
Refusal
Section 52
If the trade mark does not comply with the conditions of registration under this Act or if an
opposition is filed, the Patent and Trademark Of- fice may within the time limit laid down in the Madrid Agreement or the Protocol notify the In- ternational Bureau that the protection of the trade mark is fully or partially refused in Den- mark.
Lapse andproceeding under Danish law
Section 53
(1) If the international trade mark registration is invalidated, its validity shall also lapse in Den- mark from the date of the lapse of the interna- tional registration.
(2) If the international registration under the Protocol is cancelled upon request from the of- fice of origin or as a consequence of a contract- ing party withdrawing from the Protocol, the proprietor may file a Danish trade mark applica- tion with the same effect as if the application had been filed on the filing date of the application for the international registration or the date ofa sub- sequent designation, provided that (i) the application is filed within three months
after the date of deletion; (ii) the application does not comprise other
goods or services than the international trade mark registration; and
(iii) the application, moreover, complies with the requirements ofa Danish trade mark ap- plication and the applicant pays the pre- scribed fees.
Prohibition against double protection
Section 54
(1) In the cases where, at the initiative of the proprietor of the trade mark, a trade mark regis- tered in Denmark is also the object ofan interna- tional trade mark registration, the international trade mark registration shall replace the Danish registration if: (i) Denmark is designated either originally or
subsequently; (ii) the goods or services comprised by the
Danish registration are also comprised by the international registration; and
(iii) Denmark is designated at a later date than the date ofapplication for the Danish regis- tration.
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(2) The Patent and Trademark Office shall on request enter in its register the existence ofan in- ternational trade mark registration.
Applicationfor international trade mark registration on the basis ofan application or
registration in Denmark
Section 55
An international trade mark application may be filed by Danish citizens and natural or legal persons residing in Denmark or being owners of a regular industrial or commercial enterprise in Denmark.
Section 56
International trade mark applications on the basis of an application or registration in Den- mark, shall be filed with the Patent and Trade- mark Office in accordance with the provisions laid down by the Minister of Trade and Industry, cf. section 60.
Section 57
An international application shall only com- prise the goods or services comprised by the Danish application or registration.
Section 58
On filing an international trade mark applica- tion priority may be claimed pursuant to the Par- is Convention.
Renewal. etc.
Section 59
The rules laid down in the Madrid Agreement and the Protocol shall apply to renewal.
Section 60
The Minister of Trade and Industry shall lay down further rules for the implementation of the provisions of this Part of the Act. Special rules may be laid down concerning the publication of the internationally registered trade marks, cf. section 51, and concerning the filing of opposi- tions thereagainst, cf. section 52. The Minister of Trade and Industry may, furthermore, lay down rules concerning fees for the examination ofcas- es in connection therewith.
Part IX
Provisions as to entry intoforce and transitional provisions
Section 61
(1) This Act shall enter into force on 1 January 1992 and at the same time the Consolidate Trade marks Act No. 249 of 17 April 1989 shall be re- pealed.
(2) (Transitional provision, not reproduced).
(3) For trade marks which are registered prior to 31 December 1991, the five-year period under section 25 shall not commence until 1 January 1992.
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(4) The provisions in chapter VIII will enter into force as a whole or partly by order issued by the minister of Trade and Business."
Section 62
Applications which at the entry into force of this Act have not been published in accordance with the previous provisions shall be processed pursuant to the provisions of this Act.
Section 638)
This Act shall not apply to the Faroe Islands and Greenland but may by Royal Decree be put into force for the Faroe Islands and Greenland with the deviations deemed appropriate consid- ering the special Faroese and Greenland condi- tions.
The Ministry for Business and Industry, 30 August 2001
OLE STAVAD
/ Mogens Kring
1) This Consolidate Trade marks Act comments on entry into force and transitional provisions adopted during the 1999·2000 and 2000-2001 sittings of the Fo1keting. Provisions as to entry into force and transitional provisions concerning earlier adopted amendments of the Trade marks Act are to be found in the Consolidate Trade marks Act No. 21 February 1997. The amendments in consequence of Acts No. 412 of 31 May 2000 and Act No. 1258 of20 December 2000 mentioned below do not apply to The Faeroes and Greenland. They may, however, come into force by Royal Decree for these parts of the country with the deviancies dictated by the specific Faeroese and Greenland conditions.
2) Section 30 in the wording here stated with the insertion of new subsections (2) and (3) entered into force on the 1January 2001, cf. Act no. 1258 of20 December 2000. Requests for administrative revocation submitted before the I January 2001 will be treated according to the rules hitherto in force.
J) Section 33 in the wording here stated entered into force on the 1 January 2001, cf. Act no. 1258 of20 December 2000. 4) Section 37 in the wording here stated entered into force on the I January 2001, cf. Act no. 1258 of20 December 2000. 5) Section 42 in the wording here stated entered into force on the I January 2001, cf. Act no. 1258 of20 December 2000. 6) Section 47 in the wording here stated entered into force on the 30 July 2000, cf. Act no. 412 of31 May 2000. 7) Part VllI entered into force on 1 April 1996 by order No. 131 of 15 March 1996. 8) By Royal Decree of 16 December 1991 Trade Marc Act No. 341 of6 June 1991 entered into force on 1 January 1992 in
Greenland. By Royal Decree ofl6 December 1991 Trade Marc Act No. 341 of6 June 1991 entered into force on 1January 1992 in the Faroes.