Trademarks Law in Belize
Trademark Law in Belize
1. Legal Framework
Trademark protection in Belize is governed by:
Trade Marks Act, Chapter 257, Revised Edition 2000 (based on UK law)
Trade Marks Rules (for procedural aspects)
Administered by the Belize Intellectual Property Office (BELIPO)
Belize is a member of several international treaties:
Paris Convention for the Protection of Industrial Property
World Trade Organization (WTO) – applies the TRIPS Agreement
Madrid Protocol – not yet a member (international registration must be filed separately in Belize)
2. What Can Be Registered as a Trademark?
Under Belizean law, a trademark is a sign capable of distinguishing the goods or services of one business from another. Registrable signs include:
Words, names, logos, slogans
Letters and numerals
Devices, symbols, shapes, colors
Combinations of these
The mark must be distinctive and not deceptive or offensive.
3. Types of Trademarks
Standard trademarks: for specific goods or services
Service marks
Collective marks
Certification marks
4. Trademark Registration Process
Search (optional): Check for existing trademarks at BELIPO
Application: Submit to BELIPO with representation of the mark and list of goods/services
Examination: For compliance, distinctiveness, and possible conflicts
Publication: In the official Gazette for opposition (usually 2 months)
Registration: If no opposition or opposition is rejected
Once registered, the trademark is valid for 10 years from the filing date and renewable every 10 years indefinitely.
5. Rights of a Trademark Owner
Exclusive right to use the trademark for the registered goods/services
Right to prevent unauthorized use by others (infringement)
Right to assign or license the mark
Right to take legal action against counterfeit goods
6. Infringement and Enforcement
Trademark infringement includes:
Unauthorized use of an identical or confusingly similar mark
Use that misleads consumers or dilutes the distinctiveness
Legal remedies include:
Injunctions
Damages or account of profits
Seizure and destruction of infringing goods
Criminal penalties in severe cases
Cases are enforced through Belizean courts and may involve customs or police for counterfeit goods.
7. International Protection
Belize is not part of the Madrid System, so international applicants must file directly with BELIPO or through a local agent.
Belize honors priority rights under the Paris Convention (if filed within 6 months of the original application in a member country).
8. Renewal and Maintenance
Trademarks must be renewed every 10 years.
A grace period of 6 months is available for late renewal (with a surcharge).
Non-use for 5 consecutive years may make a trademark vulnerable to cancellation for non-use.
Summary
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act, Chapter 257 |
| Duration | 10 years, renewable indefinitely |
| Registration Body | Belize Intellectual Property Office (BELIPO) |
| International Treaties | Paris Convention, TRIPS |
| Madrid Protocol Member | ❌ No |
| Infringement Remedies | Civil, criminal, and administrative |
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