Denmark: Act on Amendments to Trade Marks Act and Other Acts and on the Repeal of the Collective Marks Act (Act No. 1533 of December 18, 2018)

January 1, 2019

Denmark: The Act on Amendments to Trade Marks Act and Other Acts and on the Repeal of the Collective Marks Act (Act No. 1533 of December 18, 2018) entered into force on January 1, 2019.

This Act provides inter alia the following changes to the Trade Marks Act in order to implement Directive (EU) No. 2015/2436 of the European Parliament and of the Council of 16 December 2015:

(i) removing the requirement for graphical representation when registering a trademark;

(ii) enabling the proprietor of a registered trademark to prevent counterfeit goods from third countries from entering the Danish customs territory, including goods in transit or other temporary importation and storing;

(iii) allowing the opposition proceedings to be initiated prior to the registration of a trademark;

(iv) introducing the fast-track scheme for trademark applications, which offers faster and more efficient examination proceedings and publication;

(v) requiring the right-holders to apply for renewal of a trademark no later than ten years from the date of filing a trademark application;

(vi) establishing a new fee structure for trademark applications to ensure compliance with the fee structure for filing EU trademark applications.