Trademarks

Trademarks allow businesses to build an identity and help consumers distinguish between brands. With a registered trademark, you obtain an exclusive right to use specific characteristics, making your brand easier for consumers to recognise. A trademark can prevent others from taking advantage of your business or undermining the brand you have spent years building or are planning to establish.

What it requires to register a trademark

Your trademark must be distinctive

Your trademark must have distinctive character so consumers are able to distinguish between your brand and others.

Your trademark must consist of more than descriptive words

Your trademark must contain more than words and phrases that describe your goods or services. Descriptive marks would e.g. be “Tasty” (for cookies) or “Wooden Tables” (for furniture). Obtaining an exclusive right to descriptive words could prevent other businesses from using words that they need to describe their products.

Your trademark must comply with Danish legislation and must not contain any official state symbols

You must obtain permission to be allowed to use official state symbols as e.g. the Danish royal crown or the Danish flag. Likewise, you cannot register a trademark containing the word “bank”, unless you have permission.

Your trademark must not mislead the consumers

You cannot register a trademark which is misleading to the consumers. A trademark is misleading if it contains words that suggest that the goods or services are something they are not, for example “Smith’s Tea” used for coffee.

Advantages of registering your trademark

Registering your trademark is an important part of protecting the brand and reputation you have created or are planning to build.

Once you have registered your trademark you can use it to prevent competitors from copying or imitating your brand. If you register your trademark, you are much better suited in case of a conflict.

A registered trademark provides investors and business partners with a stronger indication that their investment is protected.

If you fail to register your trademark in time you risk having to withdraw or rename your product if others can prove that you are violating their rights.

What types of trademarks can be registered?

Word marks: This is the most common type of mark and includes everything that can be written with regular characters. Examples are; Adidas, Coca-Cola or FCB.
Figure marks: Marks with a figurative shape. E.g. a logo with or without words or words that are shaped figuratively.
Shape marks: Marks in a three-dimensional form, where the shape of the product, its packaging or the looks of the product constitute the mark itself.
Position marks: The specific way in which the mark is positioned on the product.
Pattern marks: Marks consisting solely of a set of elements that are repeated regularly, creating a pattern.
Colour marks: Marks consisting of one single colour or a combination of colours without any outlining.
Sound marks: Marks such as theme songs and signature sounds, e.g. the Dolby introduction sound.
Motion marks: Marks consisting of or including a motion or a change in the placement of the elements of the mark.
Multimedia marks: Marks consisting of or turning into a combination of images and sound.