Today there is only one way to obtain a trademark right on the Faroe Islands and that is by filing for a national Danish trademark. A designation of Denmark through the Madrid Protocol will only cover Denmark and Greenland, but not the Faroe Islands.
As of April 13, 2016 this will change. The government of the Faroe Islands has requested to abandon the reservation meaning that designations of Denmark through the Madrid Protocol will not cover the Faroe Islands.
The opportunity of only having to designate Denmark will be very cost effective for trademark holders as there is no need for a local agent or a translation of the list of goods into Danish when the application is filed.
From April 13, 2016 there will therefore be two ways to obtain a trademark right on the Faroe Islands. Either through a national Danish trademark registration or a designation of Denmark through the Madrid Protocol.
The Faroe Islands and Greenland will still not be covered by the EU-trademark even though this covers Denmark.
The above also applies to designs, as the Faroe Islands will be covered by a designation of Denmark through the Geneve Agreement from April 13, 2016.
Thus, if you are considering designating Denmark and the Faroe Islands is a market you should wait until April 13, where the new rules will apply.
Johanne Mørk-Hansen, Associate