Varemærkeloven

Varemærkeloven, also known as the Danish Trademarks Act, is the primary legislation governing trademarks in Denmark. It provides a framework for protecting brand names, logos, and other distinctive signs used to identify goods and services. The law ensures that businesses can distinguish their offerings from those of competitors and allows consumers to recognize and trust specific brands.

Under varemærkeloven, a trademark can consist of any sign capable of being represented on the register, in particular words, including personal names, designs, letters, numerals, the shape of goods or of their packaging or other external features of the product, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

Registration of a trademark grants exclusive rights to the owner. This means that no other party can use an identical or similar mark for identical or similar goods or services without permission, if such use is likely to cause confusion among the public. The Danish Patent and Trademark Office (Patent- og Varemærkestyrelsen) is responsible for the examination and registration of trademarks in Denmark.

The law also outlines grounds for refusal of trademark applications, such as lack of distinctiveness, descriptiveness, or conflict with earlier rights. Furthermore, it details the duration of trademark protection, which is typically 10 years from the filing date, and the possibility of renewal. Varemærkeloven aims to balance the rights of trademark owners with the public interest in fair competition and consumer protection.