Consolidate Act No. 103 of 24 January 2012
The Consolidate Collective Marks Act
Publication of the Collective Marks Act No. 342 of 6 June 1991 including the amendments which 1)
follow from section 5 of Act No. 1370 of 28 December 2011.
1.-(1) A collective mark is an association
mark or a certification mark.
(2) An association mark is a specific sign
which belongs to an association of enterprises
and which is used or intended to be used by
its members for goods or services.
(3) A certification mark is a specific sign
which belongs to a legal entity supervising or
laying down standards for goods or services
and which is used or intended to be used for
the goods or services which are the object of
supervision or for which standards are laid
down.
2) 2. - The rules of the Trade Marks Act,
including rules concerning fees, shall apply to
collective marks to the extent they are
applicable according to their nature, unless
otherwise provided for in the following
sections.
3.- Signs or indications which are used in the
course of trade to designate the geographical
origin of goods or services may, irrespective
of the provision of section 13(2)(i) of the
Trade Marks Act, constitute a collective mark.
The mark shall not entitle the proprietor to
prohibit a third party from using such signs or
indications in the course of trade, provided
that they are used in accordance with honest
practices in industrial or commercial matters.
In particular, the mark may not be invoked
against any third party who is entitled to use a
certain geographical name.
4. 3)
-(1) Collective marks shall be registered in
the Register of Collective Marks.
(2) Applications for the registration of
collective marks shall contain the information
referred to in section 12 of the Trade Marks
Act and shall state the conditions which have
been laid down for the use of the mark.
(3) The Minister of Business and Growth
shall lay down further provisions concerning
applications, concerning priority claims, cf.
sections 18 and 19 of the Trade Marks Act,
concerning registrations and deletions of
collective marks, concerning the arrangement
and keeping of the Register, concerning the
publication of registrations, etc. and
concerning the payment for special
transactions, publications, transcripts, courses,
etc.
5.- The proprietor shall communicate any
later amendments of the conditions
concerning the use of the mark to the Patent
and Trademark Office not later than three
months after the amendments have been
adopted.
The Ministry of Business and Growth
The Patent and Trademark Office, File No. 12/4
__________
2
6.- The transfer of a registered collective mark
may be entered in the Register, unless the
mark after the transfer is liable to mislead.
7.-(1) Section 25 of the Trade Marks Act shall
apply to collective marks with the additions
provided for in subsection 2.
(2) The following shall also be regarded as
use in accordance with section 25(1) of the
Trade Marks Act:
(i) Use of an association mark by at least one
enterprise which is entitled to use the mark.
(ii) Use of a certification mark by at least one
enterprise with the consent of the proprietor.
8.- The registration of a collective mark may
be revoked if
(i) there are circumstances corresponding to
those referred to in section 28 of the Trade
Marks Act,
(ii) the mark is contrary to general public
interests or
(iii) the proprietor has not communicated
amendments of the conditions laid down for
the use of the mark.
9.- Proceedings concerning the infringement
of a collective mark shall only be brought by
the proprietor of the mark. The party who
infringes a collective mark right and who is
liable to pay damages pursuant to the Trade
Marks Act shall be liable to compensate for
the injury which might be suffered by the
proprietor of the mark or by those entitled to
use the mark.
10.- If the Minister of Business and Growth
refers his rights under this Act to the Patent
and Trademark Office, the Minister may lay
down rules concerning the right of appeal
including rules to the effect that appeals may
not be brought before any higher
administrative authority.
11.-(1) This Act shall enter into force on 1
January 1992, and at the same time the
Collective Marks Act, cf. Consolidate Act No.
250 of 17 April l989, shall be repealed.
(2) The administrative rules laid down
pursuant to the Collective Marks Act, cf.
subsection 1, shall remain in force until they
are replaced by provisions issued under this
Act.
(3) With respect to collective marks which are
registered prior to 31 December 1991, the
five-year period under section 7, cf. section
25 of the Trade Marks Act, shall not
commence until 1 January 1992.
12.- Applications which, at the time of entry
into force of this Act, have not been published
in accordance with the previous provisions
shall be examined and processed pursuant to
the provisions of this Act.
13. 4)
- This Act shall not apply to the Faeroe
Islands and Greenland, but may by Royal
Ordinance be put into force for the Faeroe
Islands and Greenland with such deviations as
the special Faeroese and Greenland
circumstances may require.
Act No. 1370 of 28 December 2011 contains
the following provisions as to entry into force
and transitional provisions:
Section 9
This Act shall enter into force on 1 February
2012.
3
The Ministry of Business and Growth, 24 January 2012
OLE SOHN
/Jesper Kongstad
1) This Consolidate Act contains information about provisions as to entry into force and transitional provisions adopted
during the sessional year 2011/2012 of the Danish Parliament (the Folketing). The amendments indicated below in
consequence of Act No. 1370 of 28 December 2011 to Amend the Patents Act and various other Acts shall not apply
to the Faeroe Islands and Greenland, but may by Royal Ordinance be put into force for the Faeroe Islands and
Greenland with such deviations as the circumstances of the Faeroe Islands and Greenland may require.
2) Section 2 in the wording of this Act entered into force on 1 February 2012, cf. Act No. 1370 of 28 December 2011.
3) Section 4(3) in the wording of this Act entered into force on 1 February 2012, cf. Act No. 1370 of 28 December 2011.
4) The Collective Marks Act No. 342 of 6 June 1991 was put into force for Greenland on 1 January 1992 by Royal
Ordinance No. 856 of 16 December 1991 and for the Faeroe Islands on 1 June 1994 by Royal Ordinance No. 331 of 4
May 1994.