How can you obtain trademark protection in Denmark?

In Denmark a trademark protection can be obtained either by registration or taking the trademark into use commercially, but for both rights the principle of first filed - first served is applicable. In principle, the right obtained by taking the trademark into use commercially is just as good as the registered right, but it is harder to prove and more difficult to enforce in practice.

In order to sustain a trademark right obtained by use it is important that the trademark is used on a continuous basis which is not necessary with a registered trademark.

Moreover, when registering a trademark it is also possible to obtain protection for products and services which the trademark has not yet been used for, while the right obtained by taking into use the trademark commercially only applies to the products and services that the trademark has actually been used for. Finally you can by choosing to register your trademark wait up to 5 years with taking the trademark into use commercially without forfeiting your right.