Happy birthday trademark act!

Up front, I apologize for being too much of a trademark nerd…  But on 15 November 2025, the Danish Trademark Act turns 145 years old. Our beloved law has been around since 1880, back when telegrams were cutting-edge technology and Carlsberg was still figuring out how to make beer famous worldwide. 

Now, before you roll your eyes and mutter “only a trademark attorney would celebrate this”, let me assure you: this is not just a nerdy milestone. It’s a fascinating story of how Denmark embraced the idea of protecting brands long before influencers and hashtags were even a twinkle in the digital eye.

Believe it or not, trademarks have been in use in Denmark since the Viking Age. According to Knud Wallberg’s excellent article, Vikings were branding their goods with distinctive marks centuries before the word “trademark” ever existed. Back then, a mark wasn’t about marketing – it was about survival. If your axe had your clan’s symbol, everyone knew who forged it (and who to blame if it broke during battle).

This isn’t just folklore. In Norway they beat us to it and stated in  Magnus Lagabøter’s Landslov from 1274, legal provisions on marks. In Tredje Bog, Kap. 11, stk. 2, it states:
“Og hver skjoldmaker skal paa de skjold som han gjør, ha et merke som er vedtat paa bymøtet, for at man kan vite, hvem der har gjort det, om der findes fusk i det.”

Translation? Every shield-maker had to put an agreed mark on the shields they made so people could identify the maker if there was fraud.

This two-pronged system – mandatory marking and a ban on counterfeits – was carried forward into Christian IV’s Norske Lov (1604) and later King Christian V’s Danske Lov (1665). These principles echo through modern trademark law, making the concept of brand protection in Denmark far older than the 145-year-old statute we celebrate today.

1880: The birth of modern trademark law

Fast forward to 1880, when Denmark decided to formalise this ancient practice. The first “Registrerings-Tidende” was published that year, and I happen to have a copy. It’s a beautiful piece of history – a printed list of marks officially registered under the brand-new law.

Here’s the kicker: three of those trademarks from 1880 are still alive and kicking today:

• VR 1880 00049  – owned by Chr. Augustinus Fabrikker A/S
• VR 1880 00099 – owned by Carlsberg
• VR 1880 00126 – now owned by Unilever

Think about that for a moment. These marks have survived two world wars, the invention of television, the rise and fall of fax machines, and the era of TikTok dances. If trademarks had a Hall of Fame, these would be front and centre.

Was Denmark a first-mover within IP law?

So, how does our 145-year-old law stack up against other European countries? France led the way in 1857, Germany joined in 1874,  and the UK followed in 1875. Denmark wasn’t far behind in 1880, ahead of Sweden (1884) and Norway (1889). We were early adopters – but not a first mover.

Why does this matter today?

You might wonder why anyone should care about a law that’s older than the light bulb. The answer is simple: trademarks are the backbone of modern commerce and are incorporated into our DNA. They protect identity, reputation and trust. Without them, your favourite beer, chocolate or tech gadget could be copied without consequence.

And here’s the fun part: while the law has evolved dramatically since 1880 (thankfully, we no longer publish registrations in Gothic typeface), the core idea remains the same – a trademark is a promise. A promise that what you’re buying comes from the source you trust.

A toast to 145 Years

So, here’s to the Danish Trademark Act – 145 years young and still going strong. It’s a law that has adapted to everything from industrialisation to the digital revolution, and it continues to protect creativity and commerce in equal measure.

Next time you sip a Carlsberg or unwrap a Unilever product, remember: those brands have been legally protected since the days when people travelled by horse and carriage. That’s not just history – that’s heritage.

And if you think this blog was too trademark nerdy… well, guilty as charged. But someone has to celebrate these milestones, right?