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How to manage your trademark registration

A Danish registration is valid for 10 years and renewable every 10 years. It is important to monitor if your rights are being infringed.

Once your have obtained your registration, it is important to monitor infringement of your trademark rights. You can do this by keeping up to date on new applications being filed. We offer such a monitoring service. For information about our products and prices, see our list of services or contact our Customer Service Center.

You can lose you trademark if you do not use it

A trademark is subject to requirement f use. If you have not begun to make use of your trademark within five years after the registration of your mark, you risk losing the registration. This follows from the requirement of use laid down in trademark law. Thus, you must be able to prove that you are using the mark for the goods and/or services in the registration.

Therefore, always retain adequate documentation, such as advertisements, packaging and mention in newspapers or other media. Also invoices are suitable for showing which goods or services the mark has been used for.

The documentation must show which goods or services the mark is used for. If the requirement of use is not met, the mark is subject to invalidation in relation to the goods and services for which the mark has not been used.

Also note that the mark you used must correspond to the registration. If your mark is registered as a logo or a word in a particular design, you must be able to prove that the mark has been used just so, although small deviances are usually accepted.

Incorrect trademark use

A distinctive trademark can lose its trademark function as a business identifier, if the mark becomes the common term for the product. If your trademark becomes generic, it may entail the loss of your rights, if you have contributed to the process through you own actions or by acting passively.

The risk of your trademark becoming a generic term is present when a new product is introduced for which no generic name has been given. If your trademark turns into the generic name for the product, trademark rights can be lost.

The degeneration of a mark is typically connected to especially successful products, which carry tremendous value to the trademark. To prevent degeneration, you can use the suggestions for the use of your mark below:

  • Always indicate that a word is a mark, e.g. with capital letters.

  • Never conjugate the word as a noun.

  • Never use the mark as a descriptive verb.

  • Invent a generic name besides the trademark when introducing a new product.

  • Take action against infringement.

  • Always use the mark properly – also verbally.