For how long can a trademark be protected?

A Danish trademark registration is valid for 10 years from the day of registration, and can be renewed indefinitely with 10 years at a time. If your trademark is more than five years old, you should be aware of the use requirement. If the trademark has not been used in the past five years, third parties can request for an annihilation of the registration. If the trademark has only been used for some of the goods or services for which it is registered, the trade mark can only be maintained for the goods and services which it has been used for.

It is therefore advisable that you save and date material that documents the use of your trademark, including invoice copies, brochures, advertisements etc. Same applies for the use that one's distributors or agents has been responsible for in Denmark and abroad.

It is also important that the trademark is used in the form that it is registered, otherwise it is not certain that the user requirement is met - unless the registration includes a wordmark that may be used as you wish. If the registered trademark consists of a figure or a logo, but it has been used in another form, you should consider registration of the new design. If the trademark right is based on use rather than registration, the right ends when the trademark is not used anymore.