We will find a way or make one
TRADEMARKS
Belize Trademark Attorneys
Arguelles & Company has consistently ranked as the firm with the most successful number of trademark registrations in Belize for the past five years.
A system of “Cautionary Notices” was the prior practice with trademarks being required to be registered in the UK before recognition in Belize. With the passing of the new Acts, the antiquated United Kingdom Trademarks Act and the Merchandise Marks Act were repealed.
BELIPO is now guided by the Harmonized TMclass Database found at: http://euipo.europa.eu/ec2/
TMclass is a search tool for classification of Goods and Services for trademark protection purposes. It is the interface that provides access to the Harmonised Database (HDB), the EU common list of Goods and Services terms. It is also a portal that brings together the classification databases of all European and international participating offices, the names of which are displayed on the TMclass website.
TMclass offers a user-friendly environment with advanced features for browsing and searching terms, the possibility of verifying terms between the classification databases of Participating Offices, and multilingual functions for term translation.
Collective Marks:
A collective mark is used to distinguish the goods or services of members of an association from the goods or services of non-members. Certification Marks: A certification mark is used to distinguish goods or services certified by the proprietor in respect of quality or some other characteristic.
Multi-class Applications:
Multi-class applications are limited to five (5) classes per application. There is no bar however, for the filing of multiple applications for the same mark (subject to additional official fees) for a mark to be registered under more than five (5) classes.
Term & Renewals:
The term of protection of a trade mark is ten years from the date of registration. The term of protection may be extended for further periods of ten years subject to continued use and a statement of specific use to be submitted upon filing of the renewal application. A renewal grace period of 6 months after the expiration date is possible and a further 6 months is allowed for re-registration (restoration).
Use:
Prior use in Belize is not mandatory but the application must state that the trade mark is being used, by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be so used. Within the period of five years following the date of completion of the registration procedure, the mark must be put to genuine use in Belize by the proprietor or with his consent, in relation to the goods or services for which it is registered. Failing to do so will constitute grounds for revocation by any interested party should there be no adequate reasons for non-use.
Priority:
Paris Convention Priority (and other features e.g. Recognition of “Well Known Marks”) is common. Priority can be claimed from an earlier application filed in a PCT country and within 6 months of that earlier application and the Belize date shall then be the date of the first application. A certified copy of the earlier application must be submitted to BELIPO within 90 days of the date of filing.
Requirements to Register a Trademark in Belize
In order for us to register a trademark in Belize on your behalf, an Authorization of Agent form must be printed on plain white paper, either letter-size (8½” x 11”) or A4-size (8¼” x 11¾”), completed and signed by the Applicant or an authorized signatory before a Notary Public. The Notary Public is required to affix his/her seal. A signed notarized or apostilled copy sent to us by e-mail or fax can be used for filing purposes provided we receive the notarized original within 30 days of such filing. As an alternative, apostille would be accepted. Please note that all documents submitted to BELIPO must be in English. In the event the notarization/apostille is in a language other than English, BELIPO requires a certified English translation thereof signed and dated by the translator, and where possible, the Notary seal/stamp affixed thereon.
Completion is approximately six (6) to nine (9) months from the date of filing, providing there are no office actions. However, this is dependent on BELIPO’s workload.
The trademark registration is valid for ten (10) years and can be renewed for subsequent periods of ten (10) years.
Requirements to Renew a Trademark in Belize
In order for us to register a trademark in Belize on your behalf, an Authorization of Agent form must be printed on plain white paper, either letter-size (8½” x 11”) or A4-size (8¼” x 11¾”), completed and signed by the Applicant or an authorized signatory before a Notary Public. The Notary Public is required to affix his/her seal. A signed notarized or apostilled copy sent to us by e-mail or fax can be used for filing purposes provided we receive the notarized original within 30 days of such filing. As an alternative, apostille would be accepted. Please note that all documents submitted to BELIPO must be in English. In the event the notarization/apostille is in a language other than English, BELIPO requires a certified English translation thereof signed and dated by the translator, and where possible, the Notary seal/stamp affixed thereon.
The entire process normally takes approximately 13 weeks.
In addition to the above, client would need to inform us which of the following applies to the mark:
The Mark covered by this 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.
The Mark covered by this 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.
The Mark covered by this 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: (State reasons).
The Mark covered by this registration has not been used in Belize by the registered proprietor or a licensee under a license-contract during the last year in respect of any of the goods or services covered by the registration for the following reasons: (State reasons).
(In the event the mark has not been used in Belize, “lack of suitable distributor in Belize” OR “the market conditions until now have not justified entry into the market but may change in the future” has thus far been acceptable reasons for non-use, and the trademark can still be renewed.)
OPPOSITION: Any person may, within the prescribed time (about 12 weeks) from the date of the publication of the application, give notice to the Registrar of opposition to the registration.
Requirement for Other Recordals
Apart from the aforementioned Authorization of Agent (Form no. 2) the following is required for each of the below-listed recordals:
- Transfer or Assignment of a Trademark: Original Deed of Assignment signed before a Notary Public, or a certified true copy of the original, duly notarized. If the document is not in English, a certified English translation duly notarized is required. The Notary Public is required to affix his/her seal. A signed copy sent to us by e-mail or fax can be used for filing purposes provided we receive the notarized original within 30 days of such filing. As an alternative, apostille would be accepted. Please note that all documents submitted to BELIPO must be in English. In the event the notarization/apostille is in a language other than English, BELIPO requires a certified English translation thereof signed and dated by the translator, and where possible, the Notary seal/stamp affixed thereon.
- Recordal of a Change of Name: Evidence of the name change in the form of a certified copy of the commercial register or similar document specifying the effective date, duly notarized. If the document is not in English, a certified English translation duly notarized is required. A signed copy sent to us by e-mail or fax can be used for filing purposes provided we receive the notarized original within 30 days of such filing. In the event the notarization/apostille is in a language other than English, BELIPO requires a certified English translation thereof signed and dated by the translator, and where possible, the Notary seal/stamp affixed thereon. A notarized Declaration or Affidavit would also suffice.
- Recordal of a Change of Address: Evidence of the change of address in the form of a certified copy of the commercial register or similar document, specifying the effective date, duly notarized. If the document is not in English, a certified English translation duly notarized is required. A signed copy sent to us by e-mail or fax can be used for filing purposes provided we receive the notarized original within 30 days of such filing. In the event the notarization/apostille is in a language other than English, BELIPO requires a certified English translation thereof signed and dated by the translator, and where possible, the Notary seal/stamp affixed thereon. A notarized Declaration or Affidavit would also suffice.
- Recordal of a Licence-Contract: Original Licence Agreement or a notarized copy thereof. (Kindly note that the required Form no. 2 must be signed by the Licencee and duly notarized)
- Recordal of a Change of Agent: Instructions from client.
Importation/Customs Entry of Infringing Articles
Provisions are in place for a Customs Notice to restrict, or commence forfeiture or confiscation of counterfeit and infringing goods. The police may also search for and destroy these articles after importation in all means of transport but domestic premises require a warrant. Brands such as Viagra, FootLocker, Marlboro, Tommy Hilfiger and Levis have all been successfully protected (or counterfeits prevented from entry) through Customs and Police work in Belize.
Portfolio Negotiation & Infringement Enforcement
The Belize Trademark attorneys for Arguelles and Company have a history of successful negotiation when dealing with local and international portfolio licensing, franchising, sales, distributorships and negotiation of local marks. They have also enforced numerous foreign well known marks against local counterfeiters and instances of “passing off”. Many marks have been returned to its rightful owners coupled with cease and desist actions and injunctions and undertakings to prevent and terminate unauthorized usage. Please contact us for specific examples.