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NEW PRACTICE PROCEDURES ADOPTED AND JOURNAL LAUNCHED UNDER NEW TRADE MARKS ACT

Belize has adopted new practice procedures and put into force amended rules as part of the implementation of its sweeping new Trade Marks Act, the country's first ever comprehensive trademark law. The new practice procedures provide for multi-class filing of up to five classes in a single application and the filing by facsimile of power of attorney and application forms, provided the original documentation is filed soon thereafter.

The Intellectual Property Journal was launched on April 1, 2002 and now publishes fortnightly. All applications, including renewals, are the subject for opposition and/or observation. On May 17, 2002, a further amendment of the Trade Marks Rules came into effect to implement the Trade Marks Act, 2000. The date of commencement of both the Trade Marks Act and a new Patents Act was January 5, 2001. BELIPO, the Belize Intellectual Property Office, was created by the Patents Act and subsequently became operational on July 9, 2001, headed by a Registrar of Intellectual Property.

With the enactment of the Trade Marks Act, Belize established an independent trademark registration system and repealed its prior laws that required a UK registration as a prerequisite to registration in Belize and, alternatively, provided for publication of "cautionary notices" under the Merchandise Marks Act.

Service marks also are covered by the Trade Marks Act, which incorporates the 8th Edition of the Nice International Classification system. Current UK-based registrations continue in force in Belize for their remaining terms. Owners of marks who published cautionary notices in Belize must register afresh under the new Act. The period of opposition for new applications has been extended to twelve weeks from the date of first publication. Late renewal may be applied for within the grace period of six months and all renewals must be published.

The Trade Marks 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" were retained. All applications are 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 a lapse of five years of non-use following registration.

The text of the new Act is accessible at the government's website at www.belizelaw.org. The address of BELIPO is 27 Oriole Avenue, P.O. Box 592, Belmopan, Belize.

Source: George C.J. Moore, Esq., Caribbean Trademark Services, West Palm Beach, Florida, USA; Verifier: Richard Pasipanodya, Deputy Registrar of Intellectual Property, Belmopan, Belize.