Turning ideas into assets

Our examination of your application

When we have received your application, we examine whether there are any hindrances for the registration of the mark. Hindrances are divided into absolute and relative hindrances. Absolute hindrances are grounds for refusing an application. Relative hindrances are hindrances, only if a holder of these rights files an opposition against your mark (and wins the case).

Examination of absolute hindrances

We examine whether the mark has the necessary distinctive character. In order for a mark to be distinctive, it must not describe any characteristic of the goods or services, such as the kind, quality or intended purpose. A mark is devoid of distinctive character if it merely consists in descriptive words, e.g. FISH for “fish” in class 29 or FASHIONABLE for “clothing” in class 25. A mark is considered distinctive if it contains a word that is not descriptive for the goods or services, or if that mark contains figurative elements.

Other hindrances include misleading marks, marks that are contrary to law or public order, and marks containing official emblems.

Examination of relative hindrances

Searches

  • Similar Marks
    We also carry out a search for confusingly similar marks. The search is conducted in our database, which contains all current national applications and registrations. The database also contains Community Trade Marks (which have validity in Denmark) as well as international registrations with validity in Denmark.

  • Company names
    In the Danish Central Business Register, we search for company names which your trademark may infringe. These include identical or almost identical names to your mark conducting business in the same area of commerce as the goods and/or services in your application.

  • Family names
    In the national database of names, we search for rare family names which are protected against commercial use by others.

The result of our searches is collected in a search report which we send to your along with our evaluation of the registrability of your mark.

Publication

If we find no hindrances for the registration of your mark, we issue a registration certificate, which is sent to you. At the same time, we publish the mark in the Danish Trademark Gazette. During the subsequent opposition period of two months, others may file an opposition against your mark. If no opposition is filed, you will receive a final statement about your registration.