BUSINESS BRIEF: BELIZE
What are the key threats to trademark owners and what is the best strategy for dealing with infringement?
Importation and sales of counterfeit goods and infringement of trademarks, by using identical or similar marks, by discerning third parties are the key threats trademark owners face in Belize. Several factors contribute to the dangers that exist for trademark owners. These dangers include, but are not limited to, Belize’s proximity to countries that are major producers of counterfeit goods, and frequent fluctuations experienced within the economic and financial sectors which, advertently, drive consumers to purchase inferior products for cost-saving purposes.
Trademark owners should ensure that their marks are filed and registered at BELIPO, as registration grants exclusive rights to the owners which will further strengthen infringement cases against third party competitors. If legal action is certain, trademark owners should consult their legal counsel in Belize on the best strategy to pursue.
What are the most common mistakes trademark owners make?
Sales of counterfeit goods are explicit and quite abundant in local stores throughout Belize. Trademark owners are not vigilant in pursuing cases of trademark infringement. Another mistake revolves around trademarks that are not used within the first five years of registration. These marks are consequently at
risk of
any future proceeding against third party infringements.
Has there been any change to the trademarks law in the last 12 months?
Tere has been no major change in the trademark law within the last year. However, Practice Direction No. 1 of 2011 was published on the
www.worldipreview.com
BELIPO website, informing trademark attorneys, trademark owners and the general public that the 10th edition of the Nice Classification of Goods and Services was effective as of January 1, 2012.
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? What industries are particularly at threat?
Importation and sales of counterfeit goods are offences that occur daily. Belizeans are major consumers of counterfeit goods found in such industries as apparel, entertainment, soſtware, games, pharmaceuticals, cigarettes and consumer electronics.
What are the best strategies for dealing with the problem?
When the problem arises, trademark owners should consult their trademark attorney immediately in order to ascertain which methods are available to the owner to enforce their rights. A cease and desist letter requesting that the offender secures the destruction of the infringing goods or materials is usually the first action that trademark owners consider. If a cease and desist letter proves to be ineffective, the Comptroller of Customs may be notified of the ongoing infringement so it may, in turn, use its power to seize any counterfeit goods and/or infringing products entering the country. Te trademark owner may also apply for the delivery up of material or infringing goods for purposes of destruction, subject to certain time limitations. Legal process may also be undertaken for trademark infringement.
cancellation which weakens
Erienne Romero is an IP and corporate officer at Courtenay Coye LLP. She can be contacted at:
eromero@courtenaycoye.com
Christopher Coye is a senior partner at Courtenay Coye LLP. He
ccoye@courtenaycoye.com
can be contacted at:
Erienne A.N. Romero’s professional portfolio includes IP, trademarks, patents, copyrights, local and international company formations and management, and trust formations.
Christopher Coye was admitted to practise in Belize in 1999. His practice areas include commercial law, banking, finance, real estate, foreign investment, tax planning, asset protection planning, estate planning, IP, trademarks, patents, copyrights, civil litigation, probate, debt collection, offshore companies, trusts and international finance.
World Intellectual Property Review Annual 2013 115
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