Region: Denmark

Denmark’s amended Trademark Act came into force at the start of 2019, maintaining the possibility of establishing a trademark right through use - in particular, parties must be able to prove that such use is of more than local significance. This is something that caused difficulties in a recent case involving two similar restaurant marks.

11 April 2019

The Maritime and Commercial High Court has ruled in favour of Nets Denmark A/S, the owner of the well-known Dankort debit card, against Yourpay ApS, a payment solutions provider.

23 January 2018

Featured in Designs: A Global Guide 2018

As Denmark is an EU member state, the laws governing design protection in Denmark have largely been harmonised with and are similar to those in the rest of the European Union. However, there are key differences.

11 December 2017

In an unusual trademark case concerning a blue-and-white checked pattern used on bed linen, the Danish Maritime and Commercial High Court has ruled in favour of Hästens Sengar AB, which sued the Nordicform group of companies for infringement. The court held that the pattern had acquired distinctiveness through use and the relevant consumers were expected to show a high degree of attention due to the character and price of Hästens beds.

16 October 2017

The Danish Maritime and Commercial High Court has upheld an appeal board ruling on the scope of protection for the reputed trademark ECCO. It stated that the use of registered trademarks by a non-competing commercial foundation would not result in the unfair advantage of, or be detrimental to, the mark's repute.

14 June 2017

Featured in World Trademark Review Yearbook 2017/2018

The global trade in counterfeit and pirated goods is more than just an ever-present nuisance for rights holders, legitimate businesses and consumers – it is a threat to public health, economic growth and global legitimate trade. Apart from direct action against sellers, importers and manufacturers, the most important legal remedies at hand are border measures.

29 March 2017

The Danish Maritime and Commercial High Court has found that a registered mark infringed an earlier unregistered mark, as its use on the virtual marketplace could cause confusion and the right of a person to use his or her own name in the course of trade does not apply to the owner of a limited company.

09 January 2017

Featured in Designs 2017: A Global Guide

As Denmark is an EU member state, the laws governing design protection in Denmark have largely been harmonised with and are similar to those in the rest of the European Union. Both the Design Act and the EU Community Designs Regulation (6/2002) apply to design rights in Denmark.

24 November 2016

Practitioners from China, Denmark, Russia, Sweden and the United States discuss the trademark issues involved in advertising – both online and in the physical world

29 April 2016

The Karnov Group has obtained a preliminary injunction to stop JH Schultz from using the UFR format and trademark as a form of citation and metadata on Schultz’s case law database.

07 April 2016