What does a trademark right imply?

A trademark right is an exclusive right and this as a starting point means that the owner can prohibit others from using the same or a confusingly similar trademark commercially for the same or similar products and services. The registration certificate is good documentation for this right. The exclusive right can thus also be used to prohibit others from having a trademark registered that is too similar to the registered trademark and is to be registered for the same or similar products. Opposition can be filed against both Danish and international trademarks, where Denmark is designated, as well as against EU trademarks.

Especially with the EU trademarks it is important to be aware of the fact that the loosing part in the opposition case runs the risk of being ordered to pay costs to the counter party; the ordered costs are normally relatively modest and rarely correspond to the real costs.

Besides from preventing others from having a similar trademark registered you can also prohibit others from using a trademark that infringes your trademark right. Usually you will try and solve such infringing matters on a voluntary basis but if that is not possible it should be considered obtaining a restraining order or instigating a civil lawsuit. Also in these cases it is useful to have a registration certificate.

Danish companies are still more active on the export markets. As it is usually practical and a financial benefit to use the same trademark in all or the major part of your markets it will often be an advantage to consider the possibilities of having your trademark registered on the export markets when you chose a new trademark.

There is - depending on the concrete need and the financial aspects - many ways to examine whether a new trademark can be registered and thus also can be used. It is possible to make a number of inquiries in databases containing trademarks in several countries, and more countries are still added. Ultimately, both time and money can be saved if you secure in due time that the possibility of having your trademark registered in other countries are good.