Belize (BZ)
Dez 13, 2018 (Newsletter Issue 21/18)Accession to Hague Agreement on International Registration of Industrial DesignsOn November 9, 2018, the Government of Belize deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
The instrument of accession was accompanied by the following declarations:
– the declaration referred to in Article 4(1)(b) of the 1999 Act, whereby international applications may not be filed through its Office;
– the declaration referred to in Article 11(1)(a) of the 1999 Act, whereby the maximum period for the deferment of the publication of an industrial design provided for by the legislation of Belize is 12 months; and
– the declaration as required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Belize in respect of industrial designs is 15 years.
The 1999 Act and the declarations made will enter into force with respect to Belize on February 9, 2019.
For further information, please check hereSource: www.wipo.int Jul 24, 2018 (Newsletter Issue 13/18)Notarisation Required for Authorisation of Agent Forms On May 10, 2018, the Belize Intellectual Property Office (BELIPO) announced that all authorisations of agent forms must now be notarised. If notarisation is not common in a particular trademark owner’s jurisdiction, then legalisation will also be accepted as authentication of the signed document.
Nothing in the Trade Marks Act or related Trade Marks Rules indicates that notarisation or legalisation of forms is required. Neither the Act nor Rules were amended. However, the IPO is granted discretion in many matters and is relying on that discretion to institute the new notarization requirement.
Source: Caribbean IP, USA Legal basis is the Trade Marks Act, Cap. 257, as amended by Act No. 50 of 2004, and the Trade Marks Rules.
Is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration, although there is some recognition of the first user of a mark.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging as well as sound and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Belize Intellectual Property Office (BELIPO).
Multi-class applications are possible; however, there is a maximum of five classes allowed per application.
Foreign applicants need a local agent.
A signed and notarised authorisation of agent form is required for filing. If notarisation is not common in a particular trademark owner’s jurisdiction, then legalisation will also be accepted as authentication of the signed document.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published three times in the official gazette prior to registration.
The approximate time frame for completing the trademark registration process in Belize is typically within 8-12 months if there are no official actions or oppositions.
National:
The opposition period is 90 days from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of ten years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing, publication and registration of a trademark application is USD 213 in one class and USD 38 each additional class. This includes the fees for appointment of the local agent.
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Nov 27, 2019
Caribbean IP, West Palm Beach, USA
