General trademark information of Belize

Requirements:
An notarised Power of attorney (POA) is required for trademark procedures in Belize. POA is required immediately in order to secure a filing date in Belize

The order of the application process is as follows:
A Belizean trademark application is filed at the Belize Intellectual Property Office (BELIPO).
The trademark applications in Belize are examined in respect of:
Formalities; classification; clarity; descriptiveness; distinctiveness; deceptiveness; conflict with prior registration, prior-filed application or earlier unregistered rights resulting from an official search.
Then the applications are published in the IP Journal bimonthly for a period of 90 days.
If no opposition is filed, a trademark registration certificate is issued. Note  that in Belize proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

Timeframe:
The approximate time from application to registration (for a regular prosecution, without opposition) in Belize is 6 months, approximately.

Duration:
The initial term of a registration of trademark in Belize is 10 years.
Once the mark has been successfully registered, the term of registration is calculated from the application date.
In Belize to avoid being attacked on the ground of non-use, a trademark must be used within the following period of time: five years from grant. Registration can be challenged at any time after five years from grant if the use of the mark has been interrupted for more than five years.

General information of trademark registration in Belize:
Registration is required to establish rights in a trademark; this is a "first to file" jurisdiction.
Use of an unregistered mark for any goods or services is legal.
No legislation regarding plain packaging has been enacted in this jurisdiction, and it is not under active consideration.

Advantages of Registration
The benefits of registering a trademark include the following:
it is the sole means of obtaining rights or title to the trademark;
it provides prima facie evidence of ownership and validity;
it provides regional, national and/or local protection;
it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
it allows the registrant access to bring actions in particular courts;
it helps to deter others from unlawfully using the trademark;
it provides a defense to infringement;
enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
it confers the ability to recover maximum monetary damages for infringement;
it encourages licensees and provides the opportunity to generate royalties through licensing.
The risk of not registering a trademark is that others may register an identical or similar mark that could impede the ability to use or register the mark in Belize.

II. Pre-Filing
A. Registrable Trademarks
The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:
words;
names;
devices;
certain three-dimensional shapes;
colors;
slogans;
trade dress/get-up.

There are no special requirements for the registration of three-dimensional shapes.
There are no special requirements for the registration of colors.
There are no special requirements for the registration of sounds.
There are no special requirements for the registration of smells.
There are no special requirements for the registration of trade dress.
There are no special requirements for the registration of holograms.
There are no special requirements for the registration of motion.
There are no special requirements for the registration of taste.
There are no special requirements for the registration of touch.

Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations.

In addition to regular trademark registrations, the following types of trademarks are registrable:
collective marks;
certification marks;
well-known marks;
service marks.

Retail services are registrable provided that the nature of the retail services is clearly identified.

The following are not registrable as trademarks:
marks contrary to moral standards or public order;
generic terms;
names, flags or symbols of states, nations, regions or international organizations;
non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning);
marks that function principally as surnames;
marks that function principally as geographic location names (but not georaphical indications or appellations of origin).

Geographical indications (GIs) are protected in this jurisdiction.

GIs are protected by way of:
trademark laws, in the form of collective marks or certification marks.
The following products or categories are subject to GI protection in this jurisdiction: Not applicable.

B. Searching
While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
save the applicant the time, effort and cost entailed in developing, adopting and applying to register a trademark in which someone else has prior rights;
disclose additional potentially conflicting trademarks, e.g., prior unregistered rights such as those gained at common law.

The national office is accessible online at the following URL: http://www.belipo.bz.

The official register can be searched online. It is under the heading IP Journal on the Belize Intellectual Property Office website, http://www.belipo.bz.

C. Use
An applicant benefits from pre-filing use of a trademark.

The benefits of pre-filing use are:
minimal. Trademark rights are established largely through registration.
When a mark is not registered, use of that mark may provide the following benefits:
Courts may protect unregistered marks in some exceptional cases.
Special protection against infringement may be available for a famous and/or well-known mark that is not registered.
Protection against infringement may be available for marks with substantial and longstanding use that are not registered.
Courts may protect unregistered marks in "first to file" jurisdictions if they have been used in a way that is considered legally sufficient. Please consult a local trademark attorney.

Famous and/or well-known marks are protected via the following mechanism(s):
an administrative process;
a determination by the court resulting from an action for infringement.

D. International Treaties
Belize is a signatory to the following international treaties relating to intellectual property:
Paris Convention;
Nice Agreement.

III. Filing

A. Requirements

If the applicant is not domiciled in this jurisdiction, a local address for service must be provided. The required Address for Service Form (Form 1) must accompany application forms.

Joint applicants are permitted in this jurisdiction.

Either actual use or intent to use is required for application.

The following information is required to COMPLETE an application:

name and address of applicant;

state or country of incorporation;

representation of trademark (a depiction of the mark an applicant seeks to register);

list of goods/services;

power of attorney;

statement of use;

statement of intention to use;

statement of business activity;

statement of human/veterinary use for pharmaceutical product;

official filing fee;

priority claim, where priority of an earlier application is claimed.

While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:

name and address of applicant;

state or country of incorporation;

representation of trademark (a depiction of the mark an applicant seeks to register);

list of goods/services;

power of attorney;

statement of use;

statement of intention to use;

statement of human/veterinary use for pharmaceutical product;

official filing fee;

priority claim, where priority of an earlier application is claimed.

The list of goods and services in this jurisdiction may specify:

the relevant entire (long) alphabetical class listing.

The relevant entire (long) alphabetical class listing is appropriate to use in applications for:

goods and/or services.

The following number of copies of the trademark must be submitted: one. In cases where the trademark consists of a logo, device or mixture of words/logos/devices, five representations must be provided.

Although not a filing requirement, a power of attorney might need to be submitted during prosecution in the following circumstances:

if there is a change of attorney;

In this jurisdiction, the following types of registrations are available:

national.

This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

This country is not a member of the European Union; a European Union Trade Mark registration (formerly a Community Trade Mark registration) is not effective in this jurisdiction.

No multinational regional registrations are available in this jurisdiction.

Applications can be filed online at the following URL: http://www.belipo.bz/online-services/quickmark-search/.

The official file cannot be accessed online.

Applications are officially searched as to prior trademarks.

B. Priority

If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

C. Classification

This jurisdiction uses the Nice Classification System.

If a trademark covers more than one class of goods and/or services, one application can cover multiple classes of goods or services.

For a multi-class application, the applicant must pay class fees on a per-class basis.

D. Representation

An application to register a trademark may be filed directly in this jurisdiction by:

the applicant, but only if a citizen of or domiciled in the jurisdiction;

a trademark representative/attorney/agent, but only if a citizen of or domiciled in the jurisdiction. All applications for registration of a trademark for applicants who are not citizens of Belize must be filed through a local attorney-at-law or law firm.

IV. Application         

 

A. Publication

The filing particulars of an application are made available to the public.

The filing particulars are made available to the public:

through publication in the bimonthly IP Journal and online.

The following application details are made available to the public:

mark;

name of applicant;

address of applicant;

state or country of incorporation of applicant;

application number;

application date;

goods/services;

priority claim information;

representation of trademark;

statement(s) of use.

B. Examination

Applications are examined in respect of:

formalities: i.e., for compliance with the filing requirements;

classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;

clarity: i.e., that descriptions are clear and understandable;

descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;

distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;

deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality or geographic origin of the goods or services);

conflict with prior registration, prior-filed application or earlier unregistered rights resulting from an official search.

If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:

The existence of a valid coexistence agreement between the applicant and the cited registrant will be accepted as evidence permitting registration of the application.

This jurisdiction has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

The order of the application process is as follows:

examination, publication, registration.

C. Prosecution

Accelerated examination may not be requested.

The following rights are established by a pending application:

the filing date of the application establishes a home filing date for purposes of priority;

the pending application can be cited in official examination against a subsequent (later-filed) conflicting application;

the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application.

D. Opposition

Opposition is available.

Opposition is conducted pre-grant.

The following can be grounds for opposition:

proprietary rights, such as an earlier conflicting registration;

the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose or value of goods or of rendering of services or other characteristics of goods or services;

the mark is not distinctive;

the mark is misleading, deceptive or disparaging;

rights under Article 6bis of the Paris Convention (notorious or well-known mark);

rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags and other State emblems);

rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);

rights under Article 8 of the Paris Convention (trade names);

rights in a personal name;

the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;

the mark consists of a geographical indication;

the mark is against public policy or principles of morality.

An application is published for opposition purposes after formal examination of the application.

The opposition period begins on the following date: on the date of publication of the notice of application for registration in the IP Journal.

The opposition period ends on the following date: 90 days from the date of publication of the notice of application for registration in the IP Journal.

Anyone may initiate an opposition.

Oppositions cannot be filed online.

E. Proof of Use

Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

V. Assignment, Licensing, and Other Changes to Trademark Records

A. Assignment

An application can be assigned.

A registration can be assigned.

An assignment of an application must be made for the entire territory covered by the application.

An assignment of a registration must be made for the entire territory covered by the registration.

An assignment of an application must be for all of the goods or services listed in the application.

An assignment of a registration must be for all of the goods or services listed in the registration.

Goodwill need not be included in an assignment of an application.

Goodwill need not be included in an assignment of a registration.

An assignment document for an application requires:

name of assignor;

address of assignor;

name of assignee;

address of assignee;

effective date of the assignment;

signature by assignor;

signature by assignee;

application number;

notarized or original copy of deed of assignment.

An assignment document for a registration requires:

name of assignor;

address of assignor;

name of assignee;

address of assignee;

effective date of the assignment;

signature by assignor;

signature by assignee;

application number;

notarized or original copy of deed of assignment.

Legal verification of a written assignment document of an application is required by:

notarization.

Legal verification of a written assignment document of a registration is required by:

notarization.

An assignment of an application must be recorded to be effective.

An assignment of a registration must be recorded to be effective.

B. Licensing

An application can be licensed.

A registration can be licensed.

In this jurisdiction, recordation of a registered trademark user (as opposed to recordation of a licensee) is the sole means of registering the rights of another to use the mark.

A license of an application must be made for the entire territory covered by the application.

A license of a registration must be for made the entire territory covered by the registration.

A license of an application can be for some or all of the goods or services listed in the application.

A license of a registration can be for some or all of the goods or services listed in the registration.

A license of an application can be non-exclusive (multiple licensees and the owner).

A license of a registration can be non-exclusive (multiple licensees and the owner).

Use by a related company of a mark that is the subject of an application must be licensed.

Use by a related company of a registered mark must be licensed.

A license of an application can be made with a time limitation.

A license of a registration can be made with or without a time limitation.

A license document for an application requires:

name of licensor;

address of licensor;

citizenship of licensor;

name of licensee;

address of licensee;

citizenship of licensee;

details of the trademark to be licensed;

goods and services being licensed;

term of the license;

signature by licensor;

signature by licensee;

express permission to sublicense, if appropriate;

application number.

A license document for a registration requires:

name of licensor;

address of licensor;

citizenship of licensor;

name of licensee;

address of licensee;

citizenship of licensee;

details of the trademark to be licensed;

goods and services being licensed;

commencement date of the license;

term of the license;

if the license has no limitation of time, a statement so indicating;

territory of the license;

quality control provisions;

simple signature by licensor (see below for execution requirements);

simple signature by licensee (see below for execution requirements).

Legal verification of a written agreement to license an application is required by:

notarization.

A license of an application must be recorded to maintain the validity of the application if it is used under license.

A license of an application must be recorded to legitimately control use by and obtain royalties from the licensee.

A license of a registration must be recorded to maintain the validity of the registration if it is used under license.

A license of a registration must be recorded to legitimately control use by and obtain royalties from the licensee.

A license of a registration need not be recorded, but recordation could help in enforcement, to demonstrate use of the mark.

The license for a renewed registration need not be re-recorded.

Legal verification of a written agreement to license a registration is required by:

notarization.

C. Other Changes to Trademark Records

The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:

power of attorney, legalized by the respective consulate/apostille;

deed of assignment, without further formalities;

certificate of proof of change of name, without further formalities;

certificate of merger, legalized by the respective consulate/apostille.

The requirements regarding the recordal of updated addresses on trademark records are as follows:

power of attorney, legalized by a notary;

certificate of proof, extract from commercial register, or declaration from the proprietor of the trademark of proof of change of address.

Recording a lien against trademark records is not possible.

VI. Registration

A. Requirements

A fee is not required for issuance of the registration. Once the initial application fees are paid, the certificate of registration will be issued automatically after six months.

The following documentation is required for issuance of the registration:

none.

B. Rights

The following rights are established by registration:

the exclusive right to use the registered trademark;

the right to oppose subsequent conflicting applications;

the right to bring a cancellation action against a subsequent conflicting registration;

the right to sue for infringement against confusingly similar third-party trademark use;

the right to license third parties to use the trademark;

the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;

the right to obtain damages for infringement;

the right to sue for infringement if a transliterated version of the owner's mark is later used by a third party;

the right to oppose and/or cancel subsequent applications for transliterated versions of the registered trademark by third parties.

The Roman alphabet is used to represent the official language(s) of this jurisdiction.

Registration of a mark in the Roman alphabet is not sufficient to protect the transliterated version of that mark; the transliterated version would have to be registered separately.

A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:

The registration of a trademark may be revoked on any of the following grounds: (a) that within the period of five years following the date of completion of the registration procedure it has not been 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, and there are no proper reasons for non-use; (b) that such use has been suspended for an uninterrupted period of five years, and there are no proper reasons for non-use; (c) that, in consequence of the acts or inactivity of the proprietor, it has become the common name in the trade for a product or service for which it is registered; or (d) that in consequence of the use made of it by the proprietor or with his consent in relation to the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

The territorial limit of registration is: Belize.

C. Term

The initial term of a registration is:

10 years.

The beginning of the term of a registration is calculated from:

the application date. Once the mark has been successfully registered, the term of registration is calculated from the application date.

D. Marking Requirements

Marking is not compulsory for registered trademarks, but is advisable because: it would inform the public that the mark is legally registered in the country of Belize.

Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.

TM;

SM;

®.

The use of ® is not legally recognized, but it is recognized in practice.

The legal consequences of false or misleading marking are: a fine not exceeding BZD (Belizean Dollars) 8,000 or imprisonment for a period not exceeding four years, or both the fine and a period of imprisonment.

VII. Post-Registration

A. Use Requirements

Attack on the ground of non-use is available.

To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time: five years from the registration date.

To satisfy the use requirement, the amount of use:

can be minimal.

Use of the trademark must occur in:

this jurisdiction.

The consequences of a trademark's not being used are as follows: The mark may be struck off the Register if attacked by third parties. To use the mark after the revocation is registered and published, the trademark owner must re-register the mark.

The following periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are required:

Upon renewal of the registration of a mark, a declaration of use must be made in the prescribed statutory renewal form.

Statements or filings regarding use must be submitted on the following schedule:

An action for non-use of a trademark can be brought by:

the trademark office, "ex officio";

any interested third party.

Non-use can be excused under the following circumstances:

import restrictions;

other government policies;

inability to find a suitable market or licensee in Belize to distribute the goods or services.

Resumption of use after non-use for the prescribed period (see above) may cure non-use provided that, in the interim, no third party has:

filed an action for cancellation of the trademark on the ground of non-use.

Use of a registered trademark in a modified form would affect the enforceability of the registration and is not allowed.

Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

B. Cancellation

Cancellation is available against registrations.

The following can be grounds for cancellation: (a) that within the period of five years following the date of completion of the registration procedure, the mark has not been 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, and there are no proper reasons for non-use; (b) that such use has been suspended for an uninterrupted period of five years and there are no proper reasons for non-use; (c) that, in consequence of the acts or inactivity of the proprietor, the mark has become the common name in the trade for a product or service for which it is registered; (d) that in consequence of the use made of it by the proprietor or with his consent in relation to the goods or services for which it is registered, the mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

See Section VII.A. Use Requirements.

There is no deadline for bringing a cancellation action; a cancellation action can be brought at any time.

The following parties may bring a cancellation action:

any interested party;

the owner of an earlier right;

a licensee.

Cancellation actions cannot be filed online.

C. Renewal

The following documentation is required for renewal:

power of attorney;

declaration of use.

Acceptable proof of use/declaration of use documents are:

declaration from proprietor;

details of goods/services for which the trademark has been used;

use by licensee.

The first renewal date of a registration is:

10 years from the application filing date.

Subsequent renewals last for the following period of time:

10 years from the renewal date of the registration.

The renewal pre-payment period is:

at any time before the expiration of the registration.

There is a grace period for renewing registrations once the renewal date has expired.

The grace period after the renewal date has expired is:

6 months.

The penalty for late renewal is:

a fine;

the registration lapses. Further to this, the trademark shall be removed from the Register of Trade Marks. However, the proprietor can restore the registration of the trademark by applying to the Intellectual Property Office for re-registration, using the same forms and fees relating to an application for registration of a trademark. The prescribed time for submitting a restoration or re-registration application is 12 months from the date of expiry of the registration.

Renewal cannot be effected online.

At the completion of renewal, a new registration number is not issued.

VIII. Customs Recordation

A. Customs Recordation

Trademarks that are registered in this jurisdiction can be recorded with the customs authority, the name of which is: Customs & Excise Department, Attention: Comptroller of Customs.

Recordation with the customs authority cannot be accomplished online. The following process must be followed: The proprietor of a registered trademark, or a licensee, may give notice in writing to the Comptroller of Customs: (a) that he is the proprietor, or, as the case may be, a licensee, of the registered trademark; (b) that, at a time and place specified in the notice, goods that are, in relation to that registered trademark, infringing goods, material or articles are expected to arrive in Belize; and (c) that he requests the Comptroller of Customs to treat them as prohibited goods.

IX. Domain Names

A. Domain Names

A domain name may not be protected as a trademark.

The following approved registrars can register a domain name in this jurisdiction: There is no domain name registry in Belize.

Availability of domain names in this jurisdiction can be searched through the following website(s): http://www.belizenic.bz/; http://www.afilias-grs.info/bz-belize.

The Country Code Top-Level Domain (ccTLD) for this jurisdiction is: ".bz."

To obtain a domain name under the ccTLD in this jurisdiction, the following is required:

a local address;

local business activity.

Domain name registrations can be assigned.

Domain name registrations can be licensed.

A domain name registration may be contested in this jurisdiction through the following mechanisms:

Domain names are not registered in Belize as trademarks. Interested parties/proprietors may engage a local law firm or directly contact belizenic.bz or Afilias ("Service Providers") in respect to any identified problematic domain names. Both Service Providers follow the Uniform Domain-Name Dispute-Resolution Policy (UDRP). To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or, where appropriate, an in rem action concerning the domain name) or (b) in cases of abusive registration, submit a complaint to an approved domain-name dispute resolution service provider.

If a registration lapses as a result of failure to renew, it can be revived or restored in the following way: Domain names are not registered in Belize as trademarks. Domain names are given a grace period of 30 days after date of expiry. Once the grace period ends, the domain name holder must re-register the domain name.

The application to register a domain name as a trademark will not be examined for conflicts with prior trademarks. Domain names are not registered in Belize as trademarks.

An earlier-filed domain name registration cannot create rights effective against a later-filed trademark application filed by another. Domain names are not registered in Belize as trademarks. No rights are created by a domain name against later-filed trademark applications.

In general, the courts do not apply the same principles to domain name disputes as are applied to trademark disputes. The following unique considerations are of particular note: Domain names are not registered in Belize as trademarks. Domain name disputes have not arisen in Belize courts to date. Rather, domain name disputes are addressed and otherwise resolved in accordance with the WIPO Uniform Domain-Name Dispute-Resolution Policy (UDRP), to which registrants typically are bound when they purchase/register a domain name.

If you would like to know the trademark registration process of Bermuda ? Click on here!

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