Trademarks in Greenland

Competent Authority

• Office Name: Danish Patent and Trademark Office (DKPTO) / Patent- og Varemærkestyrelsen. There is no independent local intellectual property office in Greenland; IP rights in Greenland are administered directly through the Danish national system under Danish legislation extended to Greenland.
• Working Languages: Danish and English.
• System Type: National application via Denmark. (Note: EU Trade Marks / EUTMs do NOT automatically cover Greenland, even though Denmark is an EU member state, as Greenland is not part of the European Union).

International Treaties

• Paris Convention: Member (via Denmark's accession). Priority can be claimed within 6 months from the first filing date in a Paris Convention or WTO member state.
• Madrid Protocol: Member. On October 11, 2010, the Government of Denmark extended the territorial effect of the Madrid Protocol to cover Greenland. Foreign applicants can designate Greenland specifically or designate Denmark with territorial coverage including Greenland in an International Registration (IR).

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities.
• Local Representation / Agent Requirements:
• Applicants residing outside the European Economic Area (EEA) are recommended to appoint a qualified representative/representative to handle communications before the DKPTO.
• An address for service within the EEA/Denmark is required for foreign rights holders.
• Power of Attorney (POA): A formal notarized or apostilled Power of Attorney is generally not required for routine trademark filings. A simple signed power of attorney is sufficient if requested by the office.

Online Application & Search Database

• Electronic Filing: Available via the official DKPTO portal.
• Public Search Database: DKPTO maintains a free, public electronic database (PVSonline) for searching pending and registered trademarks.

Registrable Mark Types

• Standard & Non-Traditional Marks: Words, figurative/logo marks, slogans, sound marks, motion marks, 3D shapes/packaging, position marks, holograms, and color marks per se.
• Translation & Transliteration: If a mark contains non-Latin characters or non-Danish/English wording, DKPTO may require a translation and/or transliteration into Danish or English.

Classification System

• Classification Standard: Nice Classification system (12th Edition).
• Multi-Class Applications: Supported.
• Class Headings: DKPTO accepts class headings provided they are clear, specific, and unambiguous. Terms must define the exact scope of protection.
• Class Fees: Per-class fee structure applies.

Examination

• Absolute Grounds: Examined by the DKPTO for distinctiveness, descriptiveness, genericness, deceptiveness, and public policy/morality conflicts.
• Relative Grounds (Prior Rights): DKPTO conducts an ex officio search for prior conflicting marks and informs the applicant for informational purposes; however, prior rights conflicts are primarily resolved via opposition or cancellation proceedings initiated by third parties.
• Office Actions: Applicants are given an initial response period (typically 2 months, extendable) to respond to Examiner objections.

Publication & Opposition

• Publication: Once accepted, applications are published online in the Danish Trademarks Gazette (Dansk Varemærketidende).
• Opposition Period: 2 months starting from the date of publication in the official gazette.
• Eligible Opponents: Any party with a legitimate legal interest or prior right (e.g., owners of earlier conflicting marks, trade names, or well-known marks).
• Procedure & Fees: Handled administratively before DKPTO. Official opposition fee applies.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application takes approximately 3 to 5 months from filing to registration.
• Expedited Examination: Fast-track examination is available at DKPTO if the applicant uses pre-approved goods/services terms from the database and pays by credit card at filing.

Official Fees

• Application Fee (Electronic Filing): DKK 2,400 (includes the first class).
• Second Class Fee: DKK 240.
• Each Additional Class Fee (3rd class onwards): DKK 720 per class.
• Registration / Grant Fee: Included in the filing fee (no separate grant fee).
• Renewal Fee (Every 10 Years): DKK 2,400 for the first class + DKK 240 for the second class + DKK 720 per additional class.
• Notice of Opposition Fee: DKK 3,000.

Source: Danish Patent and Trademark Office (DKPTO Schedule of Fees).

Term of Protection & Renewal

• Protection Period: 10 years calculated from the filing date.
• Renewal Requirements: Renewable every 10 years indefinitely.
• Grace Period: A 6-month grace period is granted following the renewal due date, subject to a late surcharge fee (20% penalty fee).

Use Requirements & First-to-File vs. First-to-Use

• First-to-File vs. First-to-Use: Greenland/Denmark operates primarily under a First-to-File system, though rights can also be established through extensive prior commercial use.
• Declaration of Use: Not required at filing or registration.
• Non-Use Cancellation: A registered trademark is vulnerable to non-use cancellation if it has not been genuinely used in commercial trade within Greenland or Denmark for a continuous period of 5 years following registration, without valid reasons for non-use.

Post-Registration Transactions

• Assignments: Assignments/transfers can be recorded at DKPTO upon submission of a signed assignment deed or transfer document.
• Licensing: Recording of licenses is optional but recommended to render them effective against third parties.
• Changes of Name/Address: Should be filed with DKPTO to maintain accurate ownership registers.

Enforcement & Legal Remedies

• Tribunals & Courts:
• DKPTO / Board of Appeal for Intellectual Property: Handles oppositions, administrative invalidation, and revocation requests.
• Maritime and Commercial High Court (Sø- og Handelsretten in Copenhagen): Holds specialized jurisdiction over intellectual property infringement cases, invalidity lawsuits, and appeals originating from Greenland.
• Well-Known Marks: Protected against unauthorized use or dilution under Article 6bis of the Paris Convention and Danish Trademark Law applicable to Greenland.
• Customs Enforcement: Brand owners can file an application for action with the Danish Customs Authority (Toldstyrelsen) to seize counterfeit goods in transit or imported into Greenland.

Country-Specific Risks & Practical Notes

• European Union Trade Mark (EUTM) Exclusion: A common pitfall for international brand owners is assuming that a European Union Trade Mark (EUTM) provides protection in Greenland. EUTMs do NOT cover Greenland. Brand owners must secure protection specifically through a Danish national application covering Greenland or via a Madrid Protocol designation targeting Greenland.
• Territorial Specificity under Madrid: When filing an International Registration under the Madrid Protocol, ensure that Greenland is expressly included if opting for Danish territorial protection.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.