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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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Belize (BZ)

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Jul 24, 2018 (Newsletter Issue 13/18)
Notarisation Required for Authorisation of Agent Forms
On May 10, 2018, the Belize Intellectual Property Office (BELIPO) announced that all authorisations of agent forms must now be notarised. If notarisation is not common in a particular trademark owner’s jurisdiction, then legalisation will also be accepted as authentication of the signed document.

Nothing in the Trade Marks Act or related Trade Marks Rules indicates that notarisation or legalisation of forms is required. Neither the Act nor Rules were amended. However, the IPO is granted discretion in many matters and is relying on that discretion to institute the new notarization requirement.

Source: Caribbean IP, USA


Legal basis is the Trade Marks Act, Cap. 257, in force since 2000.
Is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration, although there is some recognition of the first user of a mark.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging as well as sound and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Belize Intellectual Property Office (BELIPO).
Multi-class applications are possible; however, there is a maximum of five classes allowed per application. A single application can include goods in up to five classes, with additional charges for each additional class.
Foreign applicants need a local agent.
A power of attorney must be signed, and BELIPO requires that all authorisation of agent forms must be notarised. If notarisation is not common in a particular trademark owner’s jurisdiction, then legalisation will also be accepted as authentication of the signed document.
Further, the Office requires that all authorisations of agent forms must now be notarised. If notarisation is not common in a particular trademark owner’s jurisdiction, then legalisation will also be accepted as authentication of the signed document.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published three times in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Belize is typically within 8-12 months if there are no official actions or oppositions.
National:
The opposition period is 90 days from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of ten years.
The grace period for renewals is six months starting from the expiration of the mark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within five consecutive years from registration, it may be subject to an action for cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing, publication and registration of a trademark application is USD 213 in one class and USD 38 each additional class.

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Aug 27, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Sep 26, 2017
Caribbean IP, West Palm Beach, FL 33401, USA  

Feb 05, 2016
Caribbean IP, West Palm Beach, FL 33401, USA  

Dez 04, 2014
Caribbean IP, West Palm Beach, FL 33401, USA  

Aug 13, 2013
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA



Caribbean IP



Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
USA (US)
Tel + 1 561 283 1800
Katherine@Caribbean-IP.com
www.Caribbean-IP.com

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

Belize Intellectual Property Office (BELIPO)
1902 Constitution Drive (3rd Floor)
P.O. Box 592
Belmopan
Belize, C.A.
Tel +1 501 822 1381
Fax +1 501 822 1382
Mail info@belipo.bz
www.belipo.bz