belipo.bz Electronic Filing of Trademark Applications : Belize Intellectual Property Office

Organization : Belize Intellectual Property Office
Type of Facility : Electronic Filing of Trademark Applications
Country: Belize

Website : http://www.belipo.bz/trademarks/
Apply Here : http://www.belipo.bz/online-services/quickmark-search/

Electronic Filing of Trademark Applications :

A trade mark is a sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings and which is also capable of being represented graphically.

Related : Belize Intellectual Property Office Electronic Filing of Patent Applications : www.statusin.org/9362.html

The sign may consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging. The definition of a trade mark also includes a collective mark or a certification mark. The following are examples of trade marks –

How Do I Apply For Registration Or Restoration (Re-Registration) Of A Trade Mark (Including Collective Or Certification Mark)?:
You apply for registration or restoration (re-registration) of a trade mark (including collective or certification mark):
(a) by filing the following forms :
(i) Application for Registration of a Mark (Form No. 3 of Schedule II to the Trade Marks Rules, CAP. 257S). The instructions for completing this form are listed in the footnotes to the form. In the case of a collective or certification mark, the application shall be accompanied by regulations conforming with the Schedules of the Trade Marks Act (CAP. 257);
(ii) Fee for Registration of a Mark (Form No. 9 of Schedule II to the Trade Marks Rules, CAP. 257S);
(iii) Application for an Address for Service (Form. No. 1 of Schedule II to the Trade Marks Rules, CAP. 257S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. The instructions for completing this form are listed in the footnotes to the form;
(iv) Form of Authorisation of Agent in a Matter or Proceeding under the Act (Form No. 2 of Schedule II to the Trade Marks Rules, CAP. 257S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees :
(i) BZ$75.00 – fee for application to register a mark. This fee is paid for each International Class contained in your application. A multi-class application shall only contain five International Classes;
(ii) BZ$250.00 – fee for publication of the notice of application for registration in the Intellectual Property Journal;
(iii) BZ$75.00 – fee for registration of a mark;
(iv) BZ$25.00 – fee for application for address for service. This fee is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney.

Can I Apply Online For Trade Mark Registration?:
Yes. You can apply online for trade mark registration by clicking on the QUICKMARK link on www.belipo.bz. This link contains electronic forms for application for registration of a trade mark, application for an address for service, form of authorization of agent and the fees required for trade mark registration.

The electronic forms may be signed by using any combination of letters, numbers, spaces or punctuation marks placed between two forward slash (“/”) symbols. Examples of acceptable password signatures for electronic application forms include /ramses/, /drl/, and /577-34567/. The electronic forms may also be signed by printing, completing and faxing or emailing the Facsimile Signature Form. An applicant must notify the Office of his particular method of electronic signature.

How Are Goods And/Or Services Classified In A Trade Mark Application?:
Goods and services are classified in accordance with the 9th Edition of the International Classification of Goods and Services for the Purposes of the Registration of Trade Marks under the Nice Agreement (Nice Classification), including the attached explanatory notes and Alphabetical Lists of Goods and

Services. Under the Nice Classification, all goods and services fall under forty-five classes.

The Alphabetical List of Goods and Services and the Explanatory Notes of the Nice Classification, shall be consulted when classifying each individual product or service. The class headings in Schedule III of the Trade Marks Act (CAP. 257) only indicate in a general manner the fields to which the goods and services in principle belong.

The ninth edition of the Nice Classification may be ordered from the World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, P.O. Box 18, CH-1211 Geneva 20, or from the Electronic Bookshop on the website of WIPO at the following address: https://www.wipo.int/publications/en/index.html.

The ninth edition is also available on www.belipo.bz/e_library, under the ‘Research Links’ section.

To print or view the Alphabetical List of Goods and Services :
Go to www.belipo.bz
Click on E-LIBRARY
Go to RESEARCHLINKS
Click on www.wipo.int/classifications/en/index.html
Click on Nice Classification, Ninth Edition
Click on Class 1 and print or view each page
Repeat this step up to Class 45

How Do I Apply For A Withdrawal Or Restriction Of A Trademark Application?:
You apply for a withdrawal or restriction of a trade mark application :
(a) by filing the following forms :
(i) Withdrawal (Form No. 8A of Schedule to the Trade Marks (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; OR
(ii) Restriction (Form No. 8B of Schedule to the Trade Marks (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees :
(i) BZ$50.00 – fee for withdrawal or restriction of application;
(ii) BZ$100.00 – fee for publication of the notice of withdrawal or restriction of application in the Intellectual Property Journal.

What Are The Grounds For Refusing Or Opposing A Trade Mark Application Or For Invalidating A Trade Mark Registration?:
An application for registration of a trade mark can be refused or opposed or invalidated on several absolute and relative grounds.

The absolute grounds are that the mark :
(a) does not satisfy the requirements of the definition of a trade mark;
(b) is devoid of any distinctive character;
(c) consists exclusively of signs or indications that designate the characteristics of goods or services;
(d) consists exclusively of signs or indications that are customary in the current language or established practices of the trade;
(e) consists exclusively of the natural or technical shape of the goods or the shape that gives substantial value to the goods;
(f) is contrary to public policy or morality;
(g) is capable of deceiving the public;
(h) is prohibited by law;
(i) is a specially protected emblem; or
(j) is applied for in bad faith.

It must be noted that a trade mark shall not be refused registration by virtue of paragraph (b), (c) or (d) above, if, before the date of application for registration, it has in fact acquired a distinctive character through use.

The relative grounds are that the mark :
(a) is identical in a confusing manner with an earlier mark and the goods or services are identical with those for which the earlier mark is protected;
(b) is identical in a confusing manner with an earlier mark and the goods or services are similar to those for which the earlier mark is protected;
(c) is similar in a confusing manner with an earlier mark and the goods or services are identical with or similar to those for which the earlier mark is protected;
(d) is identical with or similar to a famous and earlier mark, and the goods or services are not similar to those for which the earlier mark is protected;
(e) conflicts with any rule of law (in particular, the law of passing off) protecting an unregistered mark or other sign used in the course of trade;
(f) or conflicts with an earlier right (in particular, the law of copyright, design right or registered designs).

How Do I Oppose A Trade Mark Application?:
You oppose a trade mark application :
(a) by filing the following forms :
(iii) Notice of Opposition to Application for Registration of a Mark (Form No. 6 of Schedule II to the Trade Marks Rules, CAP. 257S). The instructions for completing this form are listed in the footnotes to the form. This form shall be submitted in duplicate;
(ii) Application for an Address for Service (Form. No. 1 of Schedule II to the Trade Marks Rules, CAP. 257S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. The instructions for completing this form are listed in the footnotes to the form;
(iii) Form of Authorisation of Agent in a Matter or Proceeding under the Act (Form No. 2 of Schedule II to the Trade Marks Rules, CAP. 257S). This form is only required for an opponent whose residence or principal place of business is outside Belize or for a local opponent who is opposing through an attorney. The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees :
(i) BZ$50.00 – fee for submitting a notice of opposition to an application for registration of a mark;
(ii) BZ$100.00 – fee for publication of the notice of opposition in the Intellectual Property Journal;
(iii) BZ$25.00 – fee for application for address for service. This fee is only required for an opponent whose residence or principal place of business is outside Belize or for a local opponent who is opposing through an attorney.

You can contact BELIPO through the following –
Belize Intellectual Property Office (BELIPO)
Habet Building (2nd Floor)
P.O. Box 592
Constitution Drive
Belmopan, Belize

Phone: 501-822-1381/822-2073
Fax: 501-822-1382
E-mail: belipo@btl.net / belipobz@lycos.com / info@belipo.bz