APPLICATION FOR REGISTRATION OR RESTORATION OF TRADEMARK IN BELIZE
An application for registration of a trademark must be made to the Registrar of Intellectual Property.
The application requires the following:
- General Application Form (FORM NO. 3) which shall contain a request for registration of a trademark, the name and address of the applicant, a statement of the goods or services featured in the application and a representation of the trademark.
- Fee Payment
- Application for an Address for Service (FORM NO 1.) This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney.
- Form of Authorization of Agent (FORM NO. 2)
The application must also contain a statement that the trademark is being used by the applicant or that the applicant possesses a licensee or that he has a bona fide intention to use the trademark. The applicant must demonstrate a definite and present intention to deal in the goods or services for which the trademark is registered. The application is subject to payment of the application fee and other appropriate class fees prescribed in Schedule I to the Rules. Such payments shall be made in Belize dollars. The filing date of the application is the date on which all the requirements highlighted earlier are furnished to the Registrar.
REQUIREMENTS FOR REGISTRATION OF A TRADEMARK IN BELIZE
In order for us to register a trademark in Belize on your behalf we will require the following:
- A Power of Attorney signed and completed by the Applicant.
- Details of the Trademark
- Copy of the Image that is being registered
- Intended Classes of registration for the trademark
REQUIREMENTS TO RENEW A TRADEMARK IN BELIZE
In order to renew a trademark in Belize we will require the following:
- Renewal of Registration of a Mark (Form No. 11) (We will provide this)
- Renewal Fees
- Application for an Address for Service (Form No. 1) (We will provide this)
- Form of Authorization of Agent (Form No. 2) (We will provide this)
- A Power of Attorney signed and completed by the Applicant. A scanned copy may also be presented in support of the application for filing purposes provided we receive the original within 30 days of such filing.
- We will also require the applicant to inform us which one of the following applies to his application for renewal: :
The Mark covered by the registration has been used in Belize by
the registered proprietor or a registered licensee during the last year in respect of all of the goods or services covered by the registration, or
The Mark covered by the registration has been used in Belize by the registered proprietor or a registered licensee during the last year in respect of the following goods or services covered by the registration (limited list), or
The Mark covered by the registration has not been used in Belize by the registered proprietor or a registered licensee during the last year in respect of the following goods or services covered by the registration for the following reasons: (Explain and provide reasons), or
The Mark covered by the registration has not been used in Belize by the registered proprietor or a licensee during the last year in respect of any of the goods or services covered by the registration for the following reasons: (Explain and provide reasons).
OPPOSITION TO REGISTRATION OF TRADEMARKS:
Anyone may, within the prescribed time from the date of the publication of an application for the registration of a Trademark, give notice to the Registrar of opposition to the said registration. The prescribed time for submitting a notice of opposition of a trademark application is twelve weeks from the date of the first publication of the notice of application for registration of a mark. The notice is published in three consecutive fortnightly issues of the Intellectual Property Journal.
GROUNDS FOR REFUSING OR OPPOSING A TRADEMARK IN BELIZE
An application for registration of a trademark in Belize can be refused or opposed on several absolute and relative grounds.
The absolute grounds are that the mark:
- Does not satisfy the requirements of the definition of a trademark;
- Is devoid of any distinctive character;
- Consists exclusively of signs or indications that designate the characteristics of goods or services;
- Consists exclusively of signs or indications that are customary in the current language or established practices of the trade;
- Consists exclusively of the natural or technical shape of the goods or the shape that gives substantial value to the goods;
- Is contrary to public policy or morality;
- Is capable of deceiving the public;
- Is prohibited by law;
- Is a specifically protected emblem; or
- Is applied for in bad faith.
The relative grounds for refusal are that the mark:
- Is identical in a confusing manner with an earlier mark and the goods or services are identical with those for which the earlier mark is protected;
- Is identical in a confusing manner with an earlier mark and the goods or services are similar to those for which the earlier mark is protected;
- Is similar in a confusing manner with an earlier mark and the goods or services are identical with or similar to those for which the earlier mark is protected;
- Is identical with or similar to a famous and earlier mark, and the goods or services are not similar to those for which the earlier mark is protected;
- Conflicts with any rule of law
- Conflicts with an earlier right
Please feel free to contact us for an opinion regarding the likelihood of success and a detailed explanation as to the procedure involved.
REQUIREMENTS FOR OTHER TRADEMARK SERVICES
Note: In order to carry out any of the trademark services listed below we will require a completed Power of Attorney.
Change of Name or Address for a Trademark
- Power of Attorney
- Application for Change to Application for Registration of a Mark (Form No. 4).
- Application for an Address for service (Form No.1)
- Form of Authorization of Agent (Form No. 2)
- Written statement regarding the new address or name
Amendment to Trademark Application in Belize
- Power of Attorney
- Application for other change to application for Registration of a Mark (Form No. 4A). This form shall only be completed by an applicant for the recording of a change to the Trade mark application other than a change of name or address.
- Form of Authorization of Agent (Form No. 2)
Change of Trademark Agent in Belize:
- Form of Authorization of Agent (Form No. 2)
- Application for an address for Service (Form No. 1)
- Written instructions from Client
Recording of a Trademark License in Belize:
- Application to record a license contract (Form No. 13)
- Application to cancel record in Register of a license contract (Form No. 14) (if necessary)
- Application to record transfer of license contract (Form No. 15) (if necessary)
- Application for an address for Service (Form No. 1)
- Form of Authorization of Agent (Form No. 2)
- A copy of the original license agreement (or a notarized copy).
Transfer of a Trademark in Belize:
- Original Assignment document or notarized copy
- Form of Authorization of Agent (From No. 2)
Note:
- All documents for filing shall be in English. Where a different language is used the documents shall be accompanied by an English translation.
- Each sheet of paper must have its short sides at the top and bottom of the sheet.
- Each sheet of paper must be of the same size and on A4 size paper
- The papers of documents, other than the representations, must be numbered consecutively,
- Page margins must be approximately 2cm,
- Except for representations, pages must be typed or printed preferably with one and a half spacing.
PASSING OFF IN BELIZE
Passing off is a tort and a right which protects the goodwill in a business or the way in which a business sells its products or services. It is generally governed by case law.
The purpose of it is to stop someone else from benefiting from another’s goods or business reputation. It aims to prevent the unauthorized imitation of names and image used with respect to the goods or services being offered. It is often considered the alternative remedy to trademark infringement.
Please contact us for Belize Trademark Registration fees. Click here to learn more
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