In Denmark, a trademark right can be obtained either by registration or by simply using the trademark. The latter option is quite unique for Danish trademark law, as most other countries only provide trademark protection upon registration.

The principle of ‘first in time, best in court’ applies to both ways of obtaining trademark protection. The right that is gained by simply putting the mark to use applies on an equal basis to the registered right. A natural consequence of the formless nature of the right is that the existence of the right is more difficult to prove, and therefore in practice somewhat more difficult to enforce.

Furthermore, a trademark in use differs from the registered trademark because it is a condition that the mark is used continuously, which is not necessary for the registered trademark. In addition, when registering, it is possible to register a mark for several product categories even if the mark is not used for these product classes. On the other hand, an unregistered trademark right applies only to the exact goods or services for which the mark is used. Finally, there is a rule that a registered trademark only needs to be put into service within five years of the date of registration. Unlike unregistered trademarks, the rules for registered trademarks enable companies to develop a forward-looking trademark strategy, in relation to the products and services they wish to market in the future.

In 2019, the Danish Trademark Act was amended, so there are now stricter requirements for how much a trademark must be used to merit protection in Denmark. The law states that use must be more than ‘local’. There is no case law yet on how to interpret this requirement.