Trade and Service Marks

– Trade Marks Act, Chapter 257 of the Laws of Belize, in force since January 5, 2001.
– Trade Marks Rules, in force since January 1, 2002, as amended.
– Trade Marks (General Procedures) Administrative Instructions (A.I. No. 1 of 2005).
– Trade Marks (Electronic Filing) Administrative Instructions (A.I. No. 1 of 2006).
– Trade Marks (General Procedures) (Amendment) Administrative Instructions (A.I. No. 3 of 2006).
– Trade Marks (Costs, Expenses and Allowances) Administrative Instructions (A.I. No. 4 of 2006).
– Trade Marks Practice Direction No. 1 of 2009.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 11, 1993.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 17, 2000.
– Although not a member, Belize follows the International Classification of Goods and Services, according to the Nice Agreement.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since February 24, 2023.

Filing and Examination

Applicant: any person claiming to be the proprietor of a mark. 

Foreigners and nationals not living in Belize: must appoint a registered lawyer resident in Belize. 

Types of marks: trade, service, collective, certification marks are protectable. 

Service marks: registrable. 

Well-known marks: are recognized, as defined in the Paris Convention.

Priorities: are recognized.

Classification: international. Five different classes can be encompassed in a single application. No class-headings acceptable.

Filing requirements for an application (to be sent to resident agent):
1. A request for registration of a trademark;
2. Name and address of the applicant;
3. The goods and services claimed by the trademark application;
4. A representation of the trademark;
5. Power of attorney (non-legalized);
6. Priority, if applicable, must be claimed under the Paris Convention and the claim must be supported;
7. Declaration of use or intention of use;
8. Payment of the prescribed fees.

Electronic filing: available.

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be filed within thirty days, with the possibility of an extension.

Amendments to the application: early amendments are acceptable. 

Examination: by the Registrar, both on absolute (including definitory insufficiencies) and relative grounds. 

Disclaimers: available.

Letters of consent: accepted. 

Publication: once the application is accepted, the fact is published in the Journal of Intellectual Property for opposition purposes. 

Opposition: possible within approximately twelve weeks following the first publication, to be contested by the applicant within thirty days of the notification.

Observations: may be submitted for consideration by the Registrar instead of a formal opposition.

Protection

Owner’s rights: the registration affords to the registree a prima facie right of property over the mark. 

Duration: ten years.

Renewals: every ten years, before the anniversary of the original filing date; must be published.  Grace period: six months.

Assignment – license: once a mark is registered, the registree has the option to assign, license and issue letters of consent, which should all be recorded. 

Use: not compulsory, however, in order to prevent caducity, use of registered marks should be evidenced within the first five years following registration, and every five years thereafter.

Infringement: the registree may prosecute infringers of the mark in court with the possibility of recovering damages. The owners of unregistered but famous marks may challenge unauthorized use and passing-off practices.

Cancellation: of registered marks is possible basically on the same grounds of non-registrability.

Appeals: against Registrar’s resolutions are possible.