BELIZE - New Trademark Act  
By George C.J. Moore, Barrister & Attorney, Caribbean Trademark Services

           Belize has enacted and put into force a new Trade Marks Act, the country’s first ever comprehensive trade mark law. The Act establishes the Intellectual Property Office in Belmopan and appoints a Registrar of Intellectual Property, with effect from June 12, 2001.

Belize has thus established an independent trademark registration system and repealed its prior laws which required a UK registration as a prerequisite to registration in Belize and, alternatively, provided for publication of  “cautionary notices” under the Merchandise Marks Act. 

Intended to comply with TRIPS, enactment of the new trademarks act was accompanied by new legislation to protect patents, copyright, industrial designs, new plant varieties and integrated circuits.

Service marks are covered by the new legislation which incorporates the International Classification of the Nice Agreement.

Current UK-based registrations will continue in force in Belize for their remaining term and pending  UK-based applications will be processed as under the prior law, although they will be deemed registered under the new act. Indeed, any applicant for a pending UK registration filed in the UK by January 5, 2001 may apply no later than January 4, 2002 to register the same mark in Belize and thereby preserve the same application or priority date for Belize as accorded in the UK.

Owners of marks who have published cautionary notices in Belize will need to register afresh under the new act.

The term to be accorded to newly registered marks is ten years from the date of application, with a further term of ten years for each renewal. Late renewal may be applied for within a grace period of six months following expiration.

The new act provides for Paris Convention priority and recognition of well-known marks, as defined in the Paris Convention. At the same time, the common law of  “passing off” and the doctrine of “honest concurrent user” have been retained.

All applications will be subject to absolute and relative grounds of refusal.  Prior use in Belize is unnecessary provided the applicant asserts intent to use, and revocation for non-use cannot be sought until elapse of  five years of non-use following registration. Good cause, however, may excuse non-use. To apply for renewal, a statement providing specifics of prior use must be submitted.

Registered marks are deemed to be personal property and assignments and licenses of registered marks may be freely made and recorded, including limitations as to goods or services and as to locality. An assignment may be made with or without goodwill. Collective and certification marks may also be registered.

Consistent with TRIPS, the proprietor of a registered trademark may give notice to Customs in Belize to restrict importation of infringing goods, and the Court may order the police to search for, seize and destroy infringing goods.

The official fees for registration of a mark total 425 Belize dollars (US$212.50), including the cost of publication in the Gazette.