JURISDICTION REPORT: BELIZE
TRADEMARK REGISTRATION IN BELIZE: AN OVERVIEW
Erienne A N Romero Courtenay Coye LLP
Tere has been significant growth in trademark registrations in Belize since the former Trademarks Act was repealed in June 2000 and replaced with the Trademarks Act, Chapter 257 of the laws of Belize. Tis statute has given trademark owners the right to register, protect and enforce their marks in Belize. According to Section 24(1) of the act, the owner of a registered trademark has exclusive rights to use the trademark and these rights are infringed by use of the trademark in Belize without the owner’s consent.
Section 25(4) of the act further clarifies the term ‘use’ by stating that a person uses a trademark if he affixes it to goods or packaging, offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign, imports or exports goods under the sign, or uses the sign on business papers or in advertising. Registered trademarks enjoy 10 years of protection in Belize, with a subsequent renewal term of another 10 years if the mark is properly maintained by paying the prescribed fees and filing the required documentation.
The application Trademark owners who are non-citizens of Belize must appoint a local agent to act as registered agent and receiving office in Belize in order to file applications with the Belize Intellectual Property Office (BELIPO). Power of attorney (PoA) forms must be executed and forwarded to the local agent in order to satisfy BELIPO of the agent’s appointment. In order to expedite the filing process, especially in cases where time is limited, legalisation and/ or notarisation of the PoA is not required. Upon selection of the proper agent, applicants must provide the following information: the name, address and nationality of the applicant, a representation of the trademark being registered, the class under which the mark is being registered along with the relevant descriptions of the goods and services thereunder and, most importantly, the applicant must provide to the agent a statement of use or bona fide intention to use statement.
BELIPO provides prescribed forms for application on its website (www.
belipo.bz) which agents must use when filing applications. Te information provided by the applicant is compiled and inserted into the forms, which are then forwarded along with the executed PoA and prescribed fees to the registrar of trademarks at BELIPO for examination.
Examination Upon receipt of the completed application, BELIPO proceeds to conduct searches within its trademark database for trademarks that are currently registered, or in the process of being registered, in order to ascertain whether there are any similar marks, in respect to the goods and services and/or physical characteristics of the mark applied for, which are likely to mislead or confuse the public. Based on the results of the examination, the
52 World Intellectual Property Review July/August 2012
“NON-CITIZENS MUST APPOINT A LOCAL AGENT TO ACT AS REGISTERED AGENT AND RECEIVING OFFICE IN BELIZE IN ORDER TO FILE APPLICATIONS WITH THE BELIZE INTELLECTUAL PROPERTY OFFICE.”
registrar may accept the application absolutely, object to the registration of the trademark or express a willingness to accept the application subject to certain amendments, disclaimers, amendments or limitations. If the registrar objects to the registration, he will inform the applicant of the objection and prescribe a time period of 60 days from the receipt of the written objection for the applicant to deliver a written response. If the applicant fails to respond within the prescribed time, the application will be deemed withdrawn.
In the event that the registrar is willing to accept the application subject to any of the conditions mentioned above, the procedure remains the same but the time period is shortened to 30 days. In cases where the application is deemed satisfactory, a written notice of application for registration is sent to the applicant informing him of the acceptance and is subsequently published in the bi-monthly IP Journal for public inspection. A three- month window is provided to third parties for making oppositions or observations.
Registration Where an application has been accepted and no third party opposition has been filed within 90 days of the notice of application for registration, the registrar shall register the trademark and subsequently issue the original certificate of registration to the applicant.
Erienne A N Romero is an IP and corporate officer at Courtenay Coye LLP. She can be contacted at:
eromero@courtenaycoye.com
www.worldipreview.com
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