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Part I National Trade Mark Applications and Registrations Chapter 1 Trade Marks Section 1 (1) Application for registration of trade marks shall be filed with the Patent Office. (2) If the applicant is not domiciled in this country, he must have an agent resident in this country who shall represent him in all matters relating to the application and subsequent registration. Section 2 (1) The application shall indicate: (i) the applicant's name or firm and postal address and where the applicant is represented by an agent, the agent's name and postal address, (ii) the goods and/or the services for which registration of the trade mark is requested, grouped in classes in compliance with the classification in the Nice Agreement of 1957 with subsequent amendments concerning international classification of goods and services for the purpose of registration of trade marks and shall be in compliance with the list of classes of goods and services annexed to this Order, and (iii) the registration number in the home country which is to form the basis for registration in Denmark in the event that registration pursuant to section 35 of the Trade Marks Act is only possible, if registration has taken place in the applicant's home country. (2) The application shall include an exact reproduction of the mark. (3) The following annexes shall be included: (i) power of attorney for an agent, if any, and (ii) proof of registration of the trade mark in the home country in the cases referred to in subsection 1, item (iii), hereof. (4) The prescribed fees shall accompany the application. Section 3 (1) Claim of priority for the application pursuant to the provisions in section 18 or 19 of the Trade Marks Act shall be put forward in the application with information from which date and on which basis the priority is claimed or shall be submitted with the information mentioned not later than 1 month after the date of application. (2) The Patent Office may demand that the applicant within a fixed time limit shall submit proof of priority. Section 4 An application is furnished with an application date when including a reproduction of the trade mark and stating the applicant's name or firm and indicating the classes, goods or services to be registered. Section 5 (1) The Patent Office shall ensure that the conditions of sections 13 and 14(i) to (iii) of the Trade Marks Act are complied with. (2) The Patent Office shall also examine the other conditions of registration in section 14(iv), (v) and section 15(1) and (2) of the Trade Marks Act. The applicant shall be notified of the result of this examination in a search report. Section 6 (1) If a registration hindrance pursuant to section 5(1) of this Order relates to only certain of the goods or services for which registration of the trade mark is applied, the Patent Office may decide to reject the application as regards these goods or services. (2) An application shall not be rejected with reference to the registration hindrances mentioned in section 14(iv), (v) and section 15 of the Trade Marks Act. Section 7 (1) Where an application includes several goods or services it may, at the request of the trade mark proprietor, be divided into several applications. (2) A request for division shall indicate: (i) the goods or services which the initial application shall include after division, and (ii) the goods or services which the divisional application or each of the divisional applications shall include. (3) A divisional application shall not include goods or services which are not included in the initial application at the time of the request for division of this application. The initial application and the divisional application shall not concern the same goods or services. (4) The prescribed fees shall accompany the request for division. (5) An application shall not be divided if a division may lead to doubt as to the extent of the initial application and of the divisional application. (6) Where request for division has been examined and approved the divisional application shall be furnished with an independent application number. The divisional application shall be furnished with the same application date and date of priority as that of the initial application. (7) Powers of attorney, transfer documents and other documents concerning the initial application shall also be regarded as documents in each divisional application. Section 8 When the application has been processed and accepted the trade mark shall be registered and the registration shall be published. The applicant shall be informed of the registration by means of a certified copy of the register. Section 9 (1) Where a registration includes several goods or services it may, subject to request from the owner, be divided into several registrations. (2) For division of registrations the provisions in section 7(2) to (5) and (7) of this Order shall apply mutatis mutandis. (3) Where the request for division has been processed and accepted the divisional registration shall be furnished with an independent registration number. The divisional registration shall be furnished with the same application date, date of priority, date of registration and date of termination of the registration procedure as those of the initial registration. Section 10 In the Register of Trade Marks shall be entered: (i) date and number of the application, date and number of the registration, and date of termination of the registration procedure, (ii) the name and postal address of the owner, (iii) the name and postal address of the agent, (iv) a reproduction of the trade mark, (v) the classes, goods and services mentioned under section 2(1)(ii) of this Order, (vi) disclaimers, notification of registration of the trade mark on the basis of incorporation or other observations relating to the trade mark or the extent of the registration, including remarks that, at the request of the trade mark proprietor, it has been specified that the mark is three-dimensional, that the mark is a hologram or a sound mark or similar descriptions of the mark, (vii) claimed priority for the application, (viii) information that the application is a continuation of an international registration, cf. section 53(2) of the Trade Marks Act, or has been transferred from a Community trade mark application or a Community trade mark registration, cf. section 20 of this Order, (ix) information that an international trade mark registration exists, cf. section 54(2) of the Trade Marks Act, (x) information on license, mortgage, attachment or execution proceedings, (xi) information on division, and (xii) information that the mark has been claimed as seniority for a Community trade mark. Section 11 (1) Subsequent to the publication of the registration in Dansk Varemærketidende (The Danish Trade Marks Gazette) an opposition may be filed against the validity of the registration, cf. section 23 of the Trade Marks Act. The opposition, which shall be reasoned, shall be filed within 2 months from the date of publication. The prescribed fee shall accompany the opposition. (2) The Patent Office may handle several oppositions against the same trade mark registration as a whole. The Office may subsequently decide to handle one or several oppositions separately. The Office may suspend the handling of one or several of the other oppositions. (3) The proprietor of the registered right shall be notified of the opposition and have the right to make a statement. Where there are several oppositions against the validity of the registration of a trade mark, the remaining opponents shall also be notified hereof by the Office. If the reason for the opposition is an earlier registered trade mark, the proprietor of the disputed mark may request that the opponent proves that the earlier mark has been used in accordance with section 25 of the Trade Marks Act. (4) The opponent and the proprietor of the registered right shall be notified of the decision of the Patent Office. (5) If a registration is declared void and the registration is revoked in full, suspended oppositions, if any, shall be considered to have lapsed. (6) If the registration is revoked in full or in part, the decision hereof shall be published when it has become final. (7) The decision of the Patent Office may be brought before the Patent Board of Appeal and the courts in accordance with section 46 of the Trade Marks Act. Section 12 (1) Subsequent to the termination of the registration procedure any person may request revocation of a trade mark registration, cf. section 30 of the Trade Marks Act. The prescribed fee shall accompany the request. (2) Where several requests for revocation have been filed, the Patent Office may decide to handle them together. Section 11(2) and (5) of this Order shall apply mutatis mutandis. (3) The proprietor of the registered right shall be notified of the request and shall have the right to make a statement. Section 11(3) of this Order shall apply mutatis mutandis. (4) The decision of the Patent Office shall be notified to the person requesting the repeal and to the proprietor of the registered right. (5) If the registration is revoked in full or in part, the decision hereof shall be published when it has become final. (6) The decision of the Patent Office may be brought before the Patent Board of Appeal and the courts in accordance with section 46 of the Trade Marks Act. Either of the parties may, however, at any time bring an action against the other party regarding issues raised in the case, irrespective of whether the Patent Office has made a decision regarding the case or not. (7) The provisions in subsections 1 to 6 of this Order shall apply to registrations which are claimed as seniority for a Community trade mark, even after these have been deleted from the Danish Register of Trade Marks. Section 13 If a request for amendment of a trade mark pursuant to section 24 of the Trade Marks Act relates to a mark which does not exclusively consist of ordinary letters, an exact reproduction of the changed mark shall be enclosed. Section 14 In case of application for renewal pursuant to section 27 of the Trade Marks Act, notification of any changes in ownership or agency may be given. Notification hereof shall be accompanied by proper documentation for the change. Changes in the Register shall be handled independently of the renewal application. Section 15 (1) A request for entry in the Register of Trade Marks concerning transfer of the right to a registered mark, entry concerning a license to, mortgage of or execution or attachment levied on such a mark shall be accompanied by proper documentation for the established right. (2) A request for entry of an agent or a new agent or for entry of other amendments in conditions previously registered shall be accompanied by proper documentation for the amendment. (3) A request made pursuant to subsection 1 of this Order shall be accompanied by power of attorney for the requesting party, if the requesting party does not appear to be entitled to submit such a request. Section 16 Powers of attorney, transfer documents and other documents referred to in this Order shall, where they are in a foreign language, on request be furnished with a translation which is certified by an official translator. Section 17 Registrations, divisions of registrations and amendments to the Register including cancellations of registered trade marks shall be published in Dansk Varemærketidende (The Danish Trade Marks Gazette). Chapter 2 Collective Marks Section 18 (1) The rules laid down in sections 1 to 17 of this Order shall also apply to collective marks. (2) An application for registration of a collective mark shall, apart from the specifications mentioned in section 2 of this Order, include the rules laid dawn concerning the use of the collective mark. (3) Apart from the information referred to in section 10 of this Order, the rules laid down concerning the use of the collective mark shall be entered in the Register of Collective Marks.

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