Belize is located in the northeast of Central America, bordering Mexico to the north and northwest, Guatemala to the west and south, and the Caribbean Sea to the east. The current trademark regulations are mainly based on the Trademark Law promulgated on June 22, 2000, which was revised in 2004. The Belize Intellectual Property Office is responsible for managing trademark affairs and the official language is English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Belize follows the principle of "application first".
Belize is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and is neither a member of the Madrid Protocol nor the Madrid Agreement. Therefore, trademark registration can only be processed through "single country registration".
At present, trademark applications in Belize adopt the Nice Classification 11th edition for the description of goods and services, accepting one form of multi class applications, but a single application can only contain a maximum of 5 classes. The elements that can be registered as trademarks in Belize include: text, name, graphics, color combinations, slogan, three-dimensional logo, etc.
If the applicant does not reside in Belize, they need to entrust a specialized agent in their home country to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Belize is: application acceptance examination announcement approval issuance. The application will be accepted within 2-3 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Belize takes about one year; If there are any objections or rejections during the process, the time will be extended to 2-3 years.
The Belize trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed at any time before the expiration date, with a grace period of 6 months and a validity period of 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Trademark Law:
Article 46: If a trademark is not actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure;
Article 47: Violation of the provisions of the Trademark Law; When applying for a trademark, it is known or should have been known that someone else has prior rights.