INTA	International Trademark Association
ASIPI	Asociación Interamericana da la Propiedad Intelectual (Interamerican Association of Intellectual Property)
BAR	Bar Association of Belize
IBA	International Bar Association
MARQUES	The Association of European Trade Mark Owners

• TRADE MARKS ACT (CAP. 257)
• COPYRIGHT ACT (CAP. 252)
• PATENTS ACT (CAP. 253)
• INDUSTRIAL DESIGNS ACT (CAP. 254)
• PROTECTION OF NEW PLANT VARIETIES ACT (CAP. 255)
• PROTECTION OF LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS ACT (CAP. 256)

TRADEMARKS

Contact: iplaw@belizelawyer.com

A system of “Cautionary Notices” was the prior practice with trademarks being required to be registered in the UK before recognition in Belize. With the passing of the new Act, the antiquated United Kingdom Trademarks Act and the Merchandise Marks Act were repealed. Any marks previously registered now have to be re-registered under the new regime upon expiry and all marks “protected” by Cautionary Notices must now register.

Nice Classification: A critical part of the classification system is the International Classification of the Nice Agreement which is incorporated into local legislation. In accordance with Intellectual Property Journal Vol. 6 – No. 4, Direction under Rule 59 of the Trademark Rules, the Nice Classification, Ninth Edition, is now being used for the classification of goods and services. The direction further states the class headings only indicate in a general manner the field to which the goods and services in principle belong and that the Alphabetical List of Goods and Services of the Nice Classification should be consulted when classifying each individual product or service. The link of the Alphabetical List of Nice Classification, Ninth Edition is as follows: http://www.wipo.int/classifications/nivilo/nice/index.htm. In order to ensure the accuracy and precision of the descriptions, each description must be taken directly from the list of goods or services (not class headings) being used under the respective classes for the mark(s).

Collective Marks: A collective mark is used to distinguish the goods or services of members of an association from the goods or services of non-members.

Certification Marks: A certification mark is used to distinguish goods or services certified by the proprietor in respect of quality or some other characteristic.

Multi-class Applications: Multi-class applications are limited to five (5) classes per application. There is no bar however, for the filing of multiple applications for the same mark (subject to additional official fees) for a mark to be registered under more than five (5) classes.

Term & Renewals: The duration of protection of a registered mark is 10 years from date of filing with further terms of renewal (of 10 years) subject to continued use and a statement of specific use to be submitted upon filing of the renewal application. A renewal grace period of 6 months after the expiration date is possible and a further 6 months is allowed for re-registration (restoration).

Use: Prior use in Belize is not mandatory but the application must state that the trade mark is being used, by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be so used.

Within the period of five years following the date of completion of the registration procedure, the mark must be put to genuine use in Belize by the proprietor or with his consent, in relation to the goods or services for which it is registered. Failing to do so will constitute grounds for revocation by any interested party should there be no adequate reasons for non-use.

Use must not be suspended for an uninterrupted period of five years without reasons for non-use.

Priority: Paris Convention Priority (and other features e.g. Recognition of “Well Known Marks”) is common. Priority can be claimed from an earlier application filed in a PCT country and within 6 months of that earlier application and the Belize date shall then be the date of the first application. A certified copy of the earlier application must be submitted to BELIPO within 90 days of the date of filing.

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REQUIREMENTS TO REGISTER A TRADEMARK IN BELIZE

REQUIREMENTS TO RENEW A TRADEMARK IN BELIZE

A) The Mark covered by the registration has been used in Belize by the registered proprietor or a registered licensee during the last year in respect of all of the goods or services covered by the registration.

B) The Mark covered by the registration has been used in Belize by the registered proprietor or a registered licensee during the last year in respect of the following goods or services covered by the registration.

C) The Mark covered by the registration has not been used in Belize by the registered proprietor or a registered licensee during the last year in respect of the following goods or services covered by the registration for the following reasons: (State reasons).

D) The Mark covered by the registration has not been used in Belize by the registered proprietor or a licensee under a licence-contract during the last year in respect of any of the goods or services covered by the registration for the following reasons: (State reasons).

Transfer or Assignment of a Trademark: Original Deed of Assignment or a notarized copy thereof. (Kindly note that the required Form no. 2 must be signed by the Assignee)

Recordal of a Change of Name: Evidence of such name change in the form of an extract from the companies register, etc.

Recordal of a Change of Address: No formal evidentiary proof required, just the submission of the new address

Recordal of a Licence-Contract: Original Licence Agreement or a notarized copy thereof. (Kindly note that the required Form no. 2 must be signed by the Licencee)

Recordal of a Change of Agent: Instructions from client.

PATENTS

A patent may be granted in Belize only for an invention which satisfies the following conditions –

• The invention must be new – it must never have been made public in any way, anywhere in the world, before the date on which the patent application is filed. It must not be known to the body of existing knowledge (prior art) in its relevant technical field.
• The invention must involve an inventive step – it must not be obvious to a person with a good knowledge and experience of the subject, when compared with what is already known.
• The invention must be capable of industrial application – it must be capable of being made or used in some kind of industry.
• An invention is not patentable if it is –
  (a) a discovery;
  (b) a scientific theory or mathematical method;
  (c) an aesthetic creation such as a literary, dramatic or artistic work;
  (d) a scheme or method for performing a mental act, playing a game or doing business;
  (e) the presentation of information, or a computer program;
  (f) a method of treatment for the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body;
  (g) a new animal or plant variety.

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Requirements to apply for a Grant of Patent

Power of Attorney to Agent to be completed and signed by the authorized signatory of the Applicant Company. Legalization or notarization is not required.

Petition for Patent to be completed with updated information, if necessary, and signed by the authorized signatory of the Applicant Company.

Domain Name Registration & Health and Sanitary Registrations