Timeframe for Patent Registration in Belize :
For normal (i.e. without registrar objections) patent application to register a Patent already filed in Paris convention country registration the timeframe would take 8 -12 months, approximately.
For a standard PCT national phase application:
- Power of Attorney notarized.
- Description, claims, drawings, summary and ISR (if available).
- Copy of the International Application Published Under the PCT.
- If the applicant are not the inventors, it is require a statement from the Inventors showing that they have passed their right to grant of patent from themselves to the applicant or a copy of an assignment reflecting the applicant as the owner. The document must be duly notarized. Kindly translate documents to English if necessary before sending.
Patent Protection lasts for a period of 20 years but there would be charges every year on the anniversary date of the filing.
Annual fees must be paid within 6 months of the anniversary date ((late payments can be made up to 6 months after anniversary date).
If an application lasts for more than one year, the Belize IPO charges annuities payable by the anniversary of the International filing date.
Amendments can be made during the examination process in the Belize IPO.
Trademark Law in Belize :
Legal basis is the Trade Marks Act, Cap. 257, as amended by Act No. 50 of 2004, and the Trade Marks Rules.
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.
Trademark Registration Proceedings in Belize :
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.
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 trademark registration process in Belize is typically within 8-12 months if there are no official actions or oppositions.
National Opposition Period :
The opposition period is 90 days from the publication date of the application.
Notes about the Time-Frame of Process in Belize :
A normal trademark registration in Belize, with no objections/oppositions would take at least from 8 to 12 months from filing to receipt of the certificate of registration. (inclusive of two month publication period). The Intellectual Property registry has been experiencing a backlog which varies the registration times.
Information Required For The Registration Of A Trademark In Belize.
The following information is required for the registration of a Trademark in Belize:
1. name of proprietor
2. address of proprietor
4. name of mark
5. if the mark is in a language other than English kindly provide translation and language to which the word belongs
6. class number(s)
7. description of goods/services
8. state if claiming priority
9. state whether or not the mark is being used in Belize (Simple Signed)
10. colour claim
11. if the mark is a logo – 5 copies
12. A signed and notarised Power of Attorney is required for filing.
Trademark Duration in Belize :
Trademarks are registered for a period of ten (10) years from the date of registration and may be renewed for further periods of ten (10) years.
Multi Class Application: A total of five (5) classes is allowed in one application.
In Belize, the goods and services must be specified under the correct class description as class headings are not accepted.
The NICE Classifications 11th Edtion-2018 is used. In case the NICE Classifications 11th Edition -2018 has been exhausted, then the USPTO class descriptions of goods and services can be used.
If the application is claiming priority on an earlier registration, we will require a certified copy of the priority application. If a certified copy is not available then a regular copy will suffice for the purposes of filing the application provided the certified copy will be provided within ninety (90) days of filing the application in Belize. The Registry is strict on priority applications so that should we not be able to provide the certified copy within the ninety day period, the application will not be given the priority date. If the priority application is in a language other than English, we will require a notarized English translation.