What is the application process?
Applications can be filed on paper or electronically with the Danish Patent and Trademark Office. Once the office has received the application, it is examined in order to establish whether it meets the requirements to obtain an application date – meaning that the application is examined whether the fees have been paid; whether the application mentions an applicant; and whether it contains a view showing the design.
The application is then examined and assessed for any formal deficiencies such as whether the classification of products is correct and whether there are other complications in relation to the registration of the design.
If the office cannot accept the application, it will notify the applicant or representative and set a two-month deadline within which the applicant or representative has the opportunity to comment on the office’s examination and assessment.
The office does not examine for prior identical or similar designs. Such an examination is conducted only if requested separately and the required additional fee is paid.
If no absolute grounds for refusal are found or if objections raised by the office have been remedied, the application will proceed to publication and registration, allowing for any interested party asking for administrative cancellation at any time during the registration’s validity.Examination and appeals
How are the examination and appeals procedures conducted?
Applications are only examined for absolute grounds such as a design being against public policy and morality.Opposition
What are the opposition rules?
There is no opposition period, but administrative cancellations can be filed at any time during the registration’s validity.Registration time frame
What are the registration time frames?
Registration time frames are up to a maximum of 25 years, with renewals every five years.Removal from register
In what instances does removal from the register occur?
Removal from the register occurs where:
- the renewal fees are not paid;
- the holder requests removal from the registry;
- the registration is cancelled due to the holder asking the office to review whether the design fulfilled the novelty requirement via a request for administrative cancellations; or
- a third party files a request for administrative cancellation or has requested the invalidity during court proceedings.
Law stated dateCorrect on:
Give the date on which the information above is accurate.
14 October 2020.