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Part III International Registration of Trade Marks Chapter 4 International Application Section 21 (1) The application for international registration of a trade mark pursuant to the Madrid Protocol shall be filed with the Patent Office on a form designed for that purpose or a form with the same format and contents. (2) The application shall be in English. The form shall be in typescript. (3) The prescribed fee for the handling by the Patent Office shall accompany the application. (4) The applicant may appoint an agent to represent him in connection with the Patent Office's handling of the application. The agent shall be domiciled in this country. Section 22 (1) An application for international registration of a trade mark shall be stamped with the date of acceptance in the Patent Office and the file number of the Office. (2) The application shall include the following: (i) the name and postal address of the applicant, (ii) a reproduction of the trade mark, (iii) an indication of the States or organizations designated, (iv) an indication of the goods or services for which the trade mark is required to be registered, grouped in classes according to the international classification of goods and services (the Nice Agreement), and (v) an indication of date and number of the application or of date and number of the registration for the Danish basic application or basic registration. (3) If the applicant wants to be represented by an agent in dealings with the International Bureau, the agent's name and address shall appear from the application. (4) The application shall, moreover, be in accordance with articles 3, 3b and 3c in the Madrid Protocol and the rules in the implementation regulations under the Protocol. Chapter 5 Examination and other Processing of Applications Section 23 (1) Where the application complies with sections 21 and 22 of this Order, including the provisions in sections 55, 56 and 57 of the Trade Marks Act, and if there is compliance between the information in the international application and the information in the basic application or the basic registration, the Patent Office shall transfer the international application to the International Bureau. (2) Where there is anything to hinder a transmission of the application, the Patent Office shall take a position on whether the application shall be shelved or sent to the International Bureau as it is. The applicant is notified of the decision of the Office. Chapter 6 Subsequent Designation Section 24 (1) Request for subsequent designation pursuant to the Madrid Protocol may, if the proprietor is domiciled in Denmark, be filed with the Patent Office or the International Bureau. The request shall be filed on a form designed for that purpose or a form with the same format and contents. (2) If the request is filed with the Patent Office, the prescribed fee for the handling by the Patent Office shall be paid at the same time. (3) The provisions in section 22(2) of this Order shall apply mutatis mutandis. (4) The request shall furthermore be prepared in accordance with the relevant provisions in the common regulations under the Madrid Protocol. (5) Where the request is in accordance with the provisions of subsections 1, 2 and 3 of this Order, the Office shall transmit the request to the International Bureau. (6) The applicant may appoint an agent to represent him in connection with the Patent Office's handling of the request. The agent shall be domiciled in this country. Chapter 7 Processing of Designation of Denmark Section 25 (1) Where the Patent Office receives notification from the International Bureau that Denmark is designated in an international registration of trade marks, the Office shall investigate whether there is anything to hinder the validity of the registration in Denmark. Section 5 of this Order shall apply mutatis mutandis. (2) Where the Office finds that the international registration, as it is, cannot obtain validity in Denmark, notification of complete or partial rejection to the International Bureau shall be given with a time limit for the proprietor to make a statement to the Patent Office. At the same time the Patent Office shall submit the prepared search report and the notification of rejection, if any, to the applicant. (3) Where the proprietor of the international trade mark registration wants to make a statement on the provisional rejection of the Patent Office, the proprietor shall appoint an agent, resident in this country and being able to represent the proprietor in all matters concerning the handling of the validity of the international registration in Denmark. (4) Subsequent to expiry of the time limit mentioned in subsection 2 of this Order the Patent Office shall make a decision on whether the notified rejection shall be maintained. (5) When the decision on the validity of the registration in Denmark has become final, notification to the International Bureau shall be given hereof. (6) If the registration is maintained in full or in part, the designation shall be published in Dansk Varemærketidende (The Danish Trade Marks Gazette). The publication shall include an indication of the trade mark, the name and domicile of the proprietor, the class(es) included by the registration, the date of the international registration including the number of the issue of Den Internationale Gazette (the International Gazette) in which the registration has been published. Section 26 (1) Subsequent to the publication of the designation in Dansk Varemærketidende (The Danish Trade Marks Gazette) an opposition may be filed against the validity of the registration in Denmark. The opposition, which shall be reasoned, shall be filed with the Patent Office within 2 months from the date of publication. The prescribed fee shall accompany the opposition. (2) Subsequent to the receipt of an opposition the Patent Office shall notify the International Bureau that the registration has no validity in Denmark until further notice. The notification shall include statement of reasons for the opposition. (3) Where the proprietor of the international registration wants to make a statement on the opposition, section 25(3) of this Order shall apply mutatis mutandis. (4) The Patent Office may handle several oppositions against the same international 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. (5) The opponent and the proprietor of the international registration shall be notified of the decision of the Patent Office regarding the opposition. (6) Where the opposition is complied with the validity of the registration in Denmark shall be declared void in full or in part. (7) When the decision that the validity of a registration in Denmark is declared void in full has become final, suspended oppositions, if any, shall be considered to have lapsed and the parties involved shall be notified hereof. (8) 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. (9) When the decision has become final the Patent Office shall notify the International Bureau hereof. Any changes in the extent of the registration shall be published in Dansk Varemærketidende (The Danish Trade Marks Gazette). Section 27 (1) When the registration has become valid in Denmark, anyone may file a request for revocation of the registration with the Patent Office. The request shall be accompanied by a statement of reasons. 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 26(4) of this Order shall apply mutatis mutandis. (3) Where the proprietor of the international registration wants to make a statement on the request section 25(3) of this Order shall apply mutatis mutandis. (4) The person who has requested revocation of the registration and the proprietor of the international registration shall be notified of the decision of the Patent Office. (5) If the validity of 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. Any of the parties may, however, at any time bring an action against the other party concerning questions which have been brought forward in the case whether the Patent Office has made a decision in the case or not. Chapter 8 Continuation of an International Registration Section 28 (1) An application on continuation in Denmark pursuant to section 53(2) of the Trade Marks Act and article 9quinquies, in the Madrid Protocol shall include a reference to the number of the international registration and information on the date and priority, if any, for the international registration or the date of the subsequent designation. (2) The prescribed fees for such applications shall accompany the application. (3) The filed application shall, moreover, be treated in accordance with the provisions applying for national applications. Chapter 9 Entries in the Register of International Registrations Section 29 (1) The Patent Office shall keep a register of international registrations with validity for Denmark. (2) In this register the information on the registrations received from the International Bureau shall be entered. On request, other entries relating to an international registration, including entries of national agent, mortgage, execution proceedings, license and attachment may also be made. Chapter 10 Collective Marks Section 30 (1) Sections 21 to 29 of this Order shall also apply for international registrations of collective marks or certification marks. (2) Where an application on international registration of a collective mark or certification mark is filed, this must expressly appear from the application.

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