WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BLZ/T/2
6 November 2003
(03-5931)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BELIZE
The present document reproduces the text1 of the Trade Marks Act, Chapter 257, Revised
Edition 2000, as notified by Belize under Article 63.2 of the Agreement (see document
IP/N/1/BLZ/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BELIZE
Le présent document contient le texte
1 de la Loi sur les marques de fabrique ou de commerce,
Chapitre 257, Édition révisée de 2000, notifié par le Be lize au titre de l'article 63:2 de l'Accord (voir
le document IP/N/1/BLZ/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BELICE
En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de
Comercio, Capítulo 257, Edición Revisada de 2000, que Belice ha notificado en virtud del párrafo 2
del artículo 63 del Acuerdo (véase el documento IP/N/1/BLZ/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/BLZ/T/2
Page 2
BELIZE
TRADE MARKS ACT
CHAPTER 257
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws -
ARRANGEMENT OF SECTIONS
TRADE MARKS ACT
Amendments in force as at 31st December, 2000.IP/N/1/BLZ/T/2
Page 3
CHAPTER 257
TRADE MARKS
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART I I
Administrative and Other Provisions
The Registrar and the Register
3. The Registrar.
Powers and Duties of the Registrar
4. Powers and duties of the Registrar.5. Information about applications and registered trade marks.
6. Rectification or correction of the register.
7. Adaptation of entries to new classification.8. Power of Registrar to award costs and require security.9. Exclusion of liability in respect of official acts.10. Registrar’s annual report.11. The Journal.
PART III
Registered Trade Marks
Application forRegistration
12. Application for registration.13. Date of filing.
14. Classification of trade marks.IP/N/1/BLZ/T/2
Page 4
Registration Procedure
15. Examination of application.16. Publication, opposition proceedings and observations.17. Withdrawal, restriction or amendment of application.18. Registration.19. Registration; supplementary provisions.
Duration, Renewal and Alteration of Registered Trade Mark
20. Duration of registration.21. Renewal of registration.22. Alteration of registered trade mark.23. Registered trade mark.
Effects of Registered Trade Mark
24. Rights conferred by registered trade mark.25. Infringement of registered trade marks.26. Limits of effect of registered trade mark.27. Exhaustion of rights conferred by registered trade mark.28. Registration subject to disclaimer.
Registered Trade Mark as Object of Property
29. Nature of registered trade mark.30. Co-ownership of registered trade mark.31. Assignment, etc., of registered trade mark.32. Registration of transactions affecting registered trade mark.
33. Trusts and equities.
34. Application for registration of trade mark as an object of property.
Grounds for Refusal of Registration
35. Absolute grounds for refusal of registration.36. Specially protected emblems.IP/N/1/BLZ/T/2
Page 5
37. Relative grounds for refusal of registration.
38. Meaning of “earlier trade mark”.
39. Raising of relative grounds in case of honest concurrent use.
40. Power to require that relative grounds be raised in opposition
proceedings.
Licensing
41. Licensing of registered trade mark.
42. Exclusive licences.43. General provisions as to rights of licencees in case of infringement.44. Exclusive licensee having rights and remedies of assignee.
Surrender, Revocation and Invalidity
45. Surrender of registered trade mark.
46. Revocation of registration.
47. Grounds for invalidity of registration.48. Effect of acquiescence of earlier trade mark.
Infringement Proceedings
49. Action for infringement.
50. Order of erasure, etc., of offending sign.
51. Order for delivery up of infringing goods, material or articles.52. Meaning of “infringing goods, material or articles”.53. Period after which remedy for delivery up not available.54. Order as to disposal of infringing goods, material or articles.
55. Remedy for groundless threats of infringement proceedings.
Priority
56. Claim to priority of Convention application.
Collective Marks
57. Collective marks.IP/N/1/BLZ/T/2
Page 6
Certification Marks
58. Certification marks.
PART I V
International Matters
The Paris Convention and Other International Arrangements
59. Application of treaties.60. The Paris Convention.61. Protection of well-known trade mark: Article 6bis of Paris
Convention.
62. National Emblems, etc., of Convention countries: Article 6ter of
Paris Convention.
63. Emblems, etc., of certain international organisations: Article 6ter of
Paris Convention.
64. Notification under Article 6ter of the Paris Convention.
65. Acts of agent or representative: Article 6septies of the Paris
Convention.
66. Judicial notice of certain treaties.
PART V
Legal and General
Legal Proceedings
67. Registration to be prima facie evidence of validity.
68. Certificate of validity of contested registration.
69. Registrar’s appearance in proceedings involving the regsiter.70. Appeals from decisions of the Registrar.71. Power of Minister to make Rules.72. Hours of business of Intellectual Property Office.
73. Agents.
74. Provision restricting importation of infringing goods.IP/N/1/BLZ/T/2
Page 7
Offences
75. Unauthorised use of trade mark, etc., in relation to goods.76. Falsification of register, etc.77. Falsely representing trade mark as registered.78. Offences by body corporate or partnership.79. Powers of police officers.
80. Restrictions on the entry and search of domestic premises.
81. Obstruction of police officers.
PART VI
Repeals, Savings, Transition
82. Repeals.
83. Transitional.
84. Commencement.
____________
FIRST SCHEDULE
_____________
SECOND SCHEDULE
______________IP/N/1/BLZ/T/2
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CHAPTER 257
TRADE MARKS
17 of 2000 2 . [22nd June, 200 0]
PART I
Preliminary
Short title. 1. This Act may be cited as the Trade Marks Act.Interpretation. 2. -(1) In this Act, unless the context otherwise requires:-
“business” includes a trade or profession;
Second
Schedule.“certification mark” is a mark indicating that the goods or services in connection
with which it is used are certified by the proprietor of the mark in respect of
origin, materials, mode of manufacture of goods or performance of services,
quality, accuracy or other characteristics, and the provisions of this Act apply to
certification marks subject to the provisions of the Second Schedule;
First Schedule.“collective mark” means a mark distinguishing the goods or services of members
of the association which is the proprietor from those of other undertakings, and
the provisions of this Act apply to collective marks subject to the provisions of
the First Schedule;
“Court” means the Supreme Court;“Director” in relation to a body corporate whose affairs are managed by its
members, means any member of the body;
“infringement proceedings” in relation to a registered trade mark, include
proceedings for an order for delivering up of infringing goods;
“Journal” means the Journal of Intellectual Property referred to in section 11 of
this Act;
CAP. 4.“Minister” means the Minister for the time being to whom the subject of
intellectual property is assigned by the Governor-General pursuant to section 41
of the Belize Constitution;
“Paris Convention” means the Paris Convention for the Protection of Industrial
Property of March 20, 1883, as last revised;
“priority date" means the date of the earlier application that serves as the basis for
the right of priority provided for in the Paris Convention;
                                                     
2 This Act had not yet come into force by 31st December, 2000.IP/N/1/BLZ/T/2
Page 9
“publish” means make available to the public and references to publication:-
     (a) in relation to an application for registration are to
publication under section 16 (1) of this Act; and
          (b) in relation to registration, are to publication under section 18 of
this Act;
“Register” means the Register of Trade Marks referred to in this Act;
CAP. 253.“Registrar”, means the Registrar of Intellectual Property appointed under
section 4 of the Patents Act;
“trade” includes any business or profession;“trade mark” means any sign capable of being represented graphically which is
capable of distinguishing goods or services of one undertaking from those of
other undertakings and it may, in particular, consist of words (including personal
names), designs, letters, numerals or the shape of goods or their packaging.
(2) References in this Act to a trade mark include, unless the context
otherwise requires, references to a collective mark or a certification mark.
PART I I
Administrative and Other Provisions
The Registrar and the Register
The Registrar.
CAP. 253.3. -(1) The Registrar of Intellectual Property appointed by the Minister pursuant
to section 4 (1) of the Patents Act shall maintain a Register of Trade Marks,
Certification Marks and Collective Marks in accordance with this Act.
CAP. 253. (2) The provisions of section 4 (2) to (5) of the Patents Act shall apply to
this Act.
(3) References in this Act to “the Register” are to the register; and
references to registration (in particular, in the expression “registered trade mark”)are, unless the context otherwise requires, to registration in the register.
(4) The Registrar shall enter in the register in accordance with this Act:-     (a)  registered trade marks; certification marks and collective marks;
     (b) such particulars as may be prescribed of registrable transactions
affecting a registered trade mark; and
     (c) such other matters relating to registered trade marks as may be
prescribed.IP/N/1/BLZ/T/2
Page 10
(5) The register shall be kept in such a manner as may be prescribed, and
provision shall in particular be made for:-
     (a) public inspection of the register upon payment of the prescribed
fee;
(b) the supply of certified or uncertified copies, or extracts, of entries
in the register.
Powers and Duties of the Registrar
Powers and
duties of the
Registrar.4.-(1) The Registrar may require the use of such forms as he may direct for any
purpose relating to the registration of a trade mark or any proceedings before him
under this Act.
(2) The forms, and any direction of the Registrar with respect to their use,
shall be published by the Registrar as Regulations in the Gazette.
Information
about
applications andregistered trade
marks.5.-(1) After publication of an application for registration of a trade mark, the
Registrar shall on request, and upon payment of the prescribed fee, provide any
person with such information and permit such person to inspect such documentsrelating to the application, or to any registered trade mark resulting from it, as
may be specified in the request, subject, however, to any prescribed restrictions.
(2) Any request referred to in subsection (1) above shall be made in the
prescribed manner and shall be accompanied by the appropriate prescribed fee, ifany.
(3) Before publication of an application for registration of a trade mark,
documents or information constituting or relating to the application shall not be
published by the Registrar or communicated by him to any person except:-
     (a) in such cases and to such extent as may be prescribed;
or
     (b) with the consent of the applicant,
but subject to the provisions of subsection (4) below.
(4) Where a person has been notified that an application for registration
of a trade mark has been made, and that the applicant will, if the application is
granted; bring proceedings against him in respect of acts done after publication of
the application, such person may make a request under subsection (1) above,notwithstanding that the application has not been published, and that subsection
shall apply accordingly.
Rectification or
correction of theregister.6.-(1) Any person having a sufficient interest may apply for the rectification or
correction of an error or omission in the register:
Provided that an application shall not be made under this section in respect of a
matter affecting the validity of the registration of a trade mark.IP/N/1/BLZ/T/2
Page 11
(2) An application for rectification or correction of the register shall be
made to the Registrar.
(3) The effect of a rectification or correction made under this section is
that the error or omission shall be deemed never to have been made.
(4) The Registrar may, on request made in the prescribed manner by the
proprietor of a registered trade mark, or a licensee, enter any change in his name
or address as recorded in the register.
(5) The Registrar may, subject to the provisions of this Act, remove from
the register any matter which appears to him to have ceased to have effect.
Adaptation of
entries to new
classification.7.-(1) The Minister may make Regulations empowering the Registrar to do such
things as the Registrar considers necessary to implement any amended or
substituted classification of goods or services for purposes of the registration of
trade marks.
(2) Regulations made pursuant to this section may in particular provide
for the amendment of existing entries on the register so as to accord with the new
classification.
(3) Any such power of amendment as is referred to in this section shall
not be exercised so as to extend the rights conferred by registration except where
it appears to the Registrar that full compliance with this requirement would
involve undue complexity and that any extension would not adversely affect the
rights of any person.
(4) The Regulations may empower the Registrar:-     (a) to require the proprietor of a registered trade mark, within such
time as may be prescribed, to file a proposal for amendment ofthe register; and
(b) to cancel or refuse to renew the registration of the trade mark in
the event of the proprietor failing to do so.
(5) Any such proposal shall be advertised in at least two newspapers
having general circulation in Belize and in one issue of the Gazette, and may be
opposed, in such manner as may be prescribed.
Power of
Registrar to
award costs andrequire security.8.-(1) The Minister may make Rules empowering the Registrar, in any
proceedings before him under this Act:-
     (a) to award any party such costs as he may consider reasonable; and
     (b) to direct how and by what parties they are to be paid.
(2) An order of the Registrar made pursuant to subsection (1) above may
be enforced in the same way as an order of the Court.IP/N/1/BLZ/T/2
Page 12
(3) Provision may be made by the Rules empowering the Registrar, in
appropriate cases, to require a party to proceedings before him to give security
for costs, in relation to those proceedings on appeal, and as to the consequences if
such security is not given.
(4) Rules may make provisions as to the giving of evidence before the
Registrar by affidavit or statutory declaration.
Exclusion of
liability in
respect of officialacts.9.-(1) The Registrar shall not be taken to warrant the validity of the registration of
a trade mark under this Act or under any treaty, convention, arrangement or
engagement to which Belize is a party.
(2) The Registrar is not subject to any liability by reason of, or in
connection with, any examination required or authorised under this Act, or any
such treaty, convention, arrangement or engagement, or any report or other
proceedings consequent on such examination.
(3) No proceedings lie against any member of staff of the Office of
Intellectual Property in respect of any matter for which, by virtue of this section,
the Registrar is not liable.
Registrar’s
annual report.10.-(1) The Registrar shall in the month of December in each year, make a report
to the Minister about the operations of the Office of Intellectual Property in
respect of this Act, and shall include in such report the discharge of his functions
under the Paris Convention and any other international arrangement concerning
trade marks to which Belize is party.
(2) The report referred to under subsection (1) above shall include an
account of all monies received and paid by the Office of Intellectual Property
pursuant to this Act.
The Journal. 11.-(1) The Registrar shall publish in the Journal of Intellectual Property a notice
of the registration of any trade mark.
(2) The Journal shall contain all such particulars of any application for
the registration of a trade mark as may be prescribed (including a representation
of the mark) and such other information relating to the trade mark as the
Registrar thinks fit.
PART III
Registered Trade Marks
Application for Registration
Application for
registration.12.-(1) An application for the registration of a trade mark shall be made to the
Registrar.
(2) The application shall contain:-
          (a) a request for registration of a trade mark;IP/N/1/BLZ/T/2
Page 13
     (b) the name and address of the applicant;
     (c) a statement of the goods or services in relation to which it is
sought to register the trade mark; and
     (d) a representation of the trade mark.
(3) The application shall state that th e 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.
(4) The application shall be subject to  payment of the application fee and
such class fees as may be appropriate.
Date of filing. 13.-(1) The date of filing of an application for registration of a trade mark is the
date on which documents containing everything required by section 12(2) are
furnished to the Registrar by the applicant.
(2) If the documents are furnished on different days, the date of filing is
the last of those days.
Classification of
trade marks.14.-(1) Goods and services shall be classified for the purposes of the registration
of trade marks according to a prescribed system of classification.
(2) Any question arising as to the class within which any goods or
services fall shall be determined by the Registrar, whose decision shall be final.
Registration Procedure
Examination of
application.15.-(1) The Registrar shall examine whether an application for registration of a
trade mark satisfies the requirements of this Act (including any requirements
imposed by Rules).
(2) For that purpose he shall carry out a search, to such extent as he
considers necessary, of earlier trade marks.
(3) If it appears to the Registrar that the requirements for registration are
not met, he shall inform the applicant and give him an opportunity, within such
period as the Registrar may specify, to make representations or to amend theapplication.
(4) If the applicant fails to satisfy the Registrar that those requirements
are met, or to amend the application so as to meet them, or fails to respond before
the end of the specified period, the Registrar shall refuse to accept theapplication.
(5) If it appears to the Registrar that the requirements for registration are
met, he shall accept the application.
Publication,
opposition
proceedings and
observations.16.-(1) When an application for registration has been accepted, the Registrar shall
cause the application to be published in the register and the Journal, and in any
other prescribed manner.IP/N/1/BLZ/T/2
Page 14
(2) Any person may, within the prescribed time from the date of the
publication of the application, give notice to the Registrar of opposition to the
registration.
(3) The notice shall be given in writing in the prescribed manner, and
shall include a statement of the grounds of opposition.
(4) Where an application has been published, any person may, at any
time before the registration of the trade mark, make observations in writing to the
Registrar as to whether the trade mark should be registered; and the Registrar
shall inform the applicant of any such observations .
(5) A person who makes observations does not thereby become a party to
the proceedings on the application.
Withdrawal,
restriction oramendment of
application.17.-(1) The applicant may at any time wit hdraw his application or restrict the
goods or services covered by the application.
(2) If the application has been published, the withdrawal or restriction
shall also be published.
(3) In other respects, an application may be amended, at the request of
the applicant, only by correcting:-
     (a) the name or address of the applicant;
     (b) errors of wording or of copying; or
(c) obvious mistakes,
and then only where the correction does not substantially affect the identity of the
trade mark or extend the goods or services covered by the application.
(4) Provision shall be made by Rules for the publication of any
amendment which affects the representation of the trade mark, or the goods or
services covered by the application, and for the making of objections by any
person claiming to be affected by it.
Registration. 18.-(1) Where an application has been accepted and -
     (a) no notice of opposition is given within the period referred to in
section 16 (2), or
     (b) all opposition proceedings are withdrawn or decided in favour of
the applicant,
the Registrar shall register the trade mark, unless it appears to him having
regard to matters coming to his notice since he accepted the application that
it was accepted in error.
(2) A trade mark shall not be registered unless any fee prescribed for the
registration is paid within the prescribed period and if the fee is not paid within
that period, the application shall be deemed to be withdrawn.IP/N/1/BLZ/T/2
Page 15
(3) A trade mark when registered shall be registered as of the date of
filing of the application for registration; and that date shall be deemed for the
purposes of this Act to be the date of registration.
Registration;
supplementary
provisions.19.-(1) Provision may be made by Rules as to -
     (a) the division of an application for the registration of a trade mark
into several applications;
     (b) the merging of separate applications or registrations; or
     (c) the registration of a series of trade marks.
Duration, Renewal and Alteration of Registered Trade Mark
Duration of
registration.20.-(1) A trade mark shall be registered for a period of ten years from the date of
registration.
(2) Registration may be renewed in accordance with section 21 for
further periods of ten years.
Renewal of
registration.21.-(1) The registration of a trade mark may be renewed at the request of the
proprietor, subject to payment of a renewal fee.
(2) Provision shall be made by Rules for the Registrar to inform the
proprietor of a registered trade mark before the expiry of the registration, of thedate of expiry and the manner in which the registration may be renewed.
(3) A request for renewal shall be made, and the renewal fee paid, before
the expiry of the registration and failing this, the request may be made and the fee
paid within such further period (of not less than six months) as may beprescribed, in which case an additional renewal fee shall also be paid within that
period.
(4) Renewal shall take effect from the expiry of the previous registration.(5) If the registration is not renewed in accordance with the above
provisions, the Registrar shall remove the trade mark from the register: Providedthat provisions may be made by the Rules for the restoration of the registration of
a trade mark which has been removed from the register, subject to such
conditions (if any) as may be prescribed.
(6) The renewal or restoration of the registration of a trade mark shall be
published in the register and the Journal and in any other prescribed manner.
Alteration of
registered trade
mark.22.-(1) A registered trade mark shall not be altered in the register, during the
period of registration or on renewal.
(2) Nevertheless, the Registrar may, at the request of the proprietor,
allow the alteration of a registered trade mark where the mark includes the
proprietor’s name or address and the alteration is limited to alteration of that
name or address and does not substantially affect the identity of the mark.IP/N/1/BLZ/T/2
Page 16
(3) Provision shall be made by Rules for the publication of any such
alteration and the making of objections by any person claiming to be affected by
it.
Registered trade
mark.23.-(1) A registered trade mark is a property right obtained by the registration of
the trade mark under this Act and the proprietor of a registered trade mark has the
rights and remedies provided by this Act.
(2) No proceedings lie to prevent or recover damages for the
infringement of an unregistered trade mark as such; but nothing in this Act affects
the law relating to passing off.
Effects of Registered Trade Mark
Rights conferred
by registeredtrade mark.24.-(1) Subject to the provisions of this Act, the proprietor of a registered trade
mark has exclusive rights in the trade mark which are infringed by use of thetrade mark in Belize without his consent.
(2) The acts amounting to infringement; if done without the consent of
the proprietor, are specified in section 25 below, and references in this Act to the
infringement of a registered trade mark ar e to any such infringement of the rights
of the proprietor.
(3) The rights of the proprietor have effect from the date of registration
(which in accordance with section 18 (3) is the date of filing of the application for
registration):
Provided that:-     (a) no infringement proceedings may be begun before the date on
which the trade mark is in fact registered; and
(b) no offence under section 75 (unauthorised use of trade mark, etc.
in relation to goods) is committed by anything done before the
date of publication of the registration.
Infringement of
registered trade.25.-(1) A person infringes a registered trade mark if he uses in the course of trade
a sign or mark which is identical with the trade mark in relation to goods orservices which are identical with those for which it is registered.
(2) A person infringes a registered trade mark if he uses in the course of a
trade a sign where because:-
     (a) the sign is identical with the trade mark and is used in relation to
goods or services similar to those for which the trade mark is
registered; or
(b) the sign is similar to the trade mark and is used in relation to
goods or services identical with or similar to those for which the
trade mark is registered,IP/N/1/BLZ/T/2
Page 17
there exists a likelihood of confusion on the part of the public which includes the
likelihood of association with the trade mark.
(3) A person infringes a registered trade mark if he uses in the course of a
trade a sign which:-
     (a)  is identical with or similar to the trade mark; and
     (b) is used in relation to goods and services which are similar for
those which the trade mark is registered,
where the trade mark has a reputation in Belize and the use of the sign, being
without due cause, takes unfair advantage of, or is detrimental to, the distinctive
character or the repute of the trade mark.
(4) For the purpose of this section, a person uses a sign if, in particular,
he :-
     (a) affixes it to goods or the packaging thereof;
     (b) offers or exposes goods for sale, put them on the market or stock
them for those purposes under the sign, or offers or suppliesservices under the sign;
     (c) imports or exports goods under the sign; or
     (d) uses the sign on business papers or in advertising.
(5) A person who applies a registered trade mark to material intended to
be used for labeling or packing goods , as a business paper, or for advertising
goods or services, shall be treated as a party to any use of the material which
infringes the registered trade mark if when he applies the mark he knew or hadreason to believe that the application of the trade mark was not duly authorised
by the proprietor or a licensee.
(6) Nothing in the preceding provisions of this section shall be construed
as preventing the use of a registered trade mark by any person for the purpose of
identifying goods or services as those of the proprietor or a licensee, but any such
use otherwise than in accordance with honest practices in industrial orcommercial matters shall be treated as infringing the registered trade mark if the
use without due cause takes unfair advantage of, or is detrimental to, the
distinctive character or repute of the trade mark.
Limits on effect
of registered
trade mark.26.-(1) A registered trade mark is not infringed by the use of another registered
trade mark in relation to goods or services for which the latter is registered but
subject to section 47 (6) (effect of declaration of invalidity of registration).
(2) A registered trade mark is not infringed by:-
     (a) the use by a person of his own name or address;
     (b) the use of indications concerning the kind, quality, quantity,
intended purpose, value, geographical origin, the time ofIP/N/1/BLZ/T/2
Page 18
production of goods or of rendering of services, or other
characteristics of goods or services;
or
     (c) the use of the trade mark where it is necessary to indicate the
intended purpose of a product or service (in particular, as
accessories or spare parts),
provided the use is in accordance with honest practices in industrial or
commercial matters.
(3) A registered trade mark is not infringed by the use in the course of
trade in a particular locality of an earlier right which applies only in that locality,
and for this purpose an inearlier rightli means an unregistered trade mark or other
sign continously used in relation to goods or services by a person or a
predecessor in title of his from a date prior to whichever is the earlier of:-
     (a) the use of the first-mentioned trade mark in relation to those
goods or services by the proprietor or a predecessor in title of
his; or
     (b) the registration of the first-mentioned trade mark in respect of
those goods or services in the name of the proprietor or a
predecessor in title of his,
and an earlier right shall be regarded as applying in a locality if, or to the
extent that, its use in that locality is protected by virtue of any rule of law (inparticular, the law of passing off).
Exhaustion of
rights conferred
by registeredtrade mark.27.-(1) A registered trade mark is not infringed by the use of the trade mark in
relation to goods which have been put on the market in the Caricom Single
Market and Economy under that trade mark by the proprietor or with his consent.
(2) Subsection (1) does not apply where there exist legitimate reasons for
the proprietor to oppose further dealings in the goods (in particular, where the
condition of the goods has been changed or impaired after they have been put on
the market).
Registration
subject to
disclaimer.28.-(1) An applicant for registration of a trade mark, or the proprietor of a
registered trade mark, may:-
     (a) disclaim any right to the exclusive use of any specified element
of the trade mark; or
     (b) agree that the rights conferred by the registration shall be subject
to a specified territorial or other limitation;
and where the registration of a trade mark is subject to a disclaimer or limitation,
the rights conferred by section 24 (rights conferred by registered trade mark) arerestricted accordingly.
(2) Provision shall be made by Rules as to the publication and entry in
the register of a disclaimer or limitation.IP/N/1/BLZ/T/2
Page 19
Registered Trade Mark as Object of Property
Nature of
registered trademark.29. A registered trade mark is personal property.
Co-ownership of
registered trade
mark.30.-(1) Where a registered trade mark is granted to two or more persons jointly,
each of them is entitled, subject to any agreement to the contrary, to an equal
undivided share in the registered trade mark.
(2) The following provisions apply where two or more persons are co-
proprietors of a registered trade mark, by virtue of subsection (1) or otherwise.
(3) Subject to any agreement to th e contrary, each co-proprietor is
entitled, by himself or his agents, to do for his own benefit and without the
consent of or the need to account to the other or others, any act which wouldotherwise amount to an infringement of the registered trade mark.
(4) One co-proprietor may not without the consent of the other or others
     (a) grant a licence to use the registered trade mark; or
     (b) assign or change his share in the registered trade mark.
(5) Infringement proceedings may be brought by any proprietor, but he
may not, without the leave of the Court, proceed with the action unless the other,or each of the others, is either joined as a plaintiff or added as a defendant, but a
co-proprietor who is thus added as a defendant shall not be made liable for any
costs in the action unless he takes part in the proceedings and nothing in this
subsection affects the granting of interlocutory relief on the application of a
single co-proprietor.
(6) Nothing in this section affects the mutual rights and obligations of
trustees or personal representatives, or their rights and obligations as such.
Assignment,
etc., of registered
trade mark.31.-(1) A registered trade mark is transmissible by assignment, testamentary
disposition or operation of law in the same way as other personal or moveable
property and it is so transmissible either in connection with the goodwill of abusiness or independently.
(2) An assignment or other transmission of a registered trade mark may
be partial, that is, limited so as to apply -
     (a) in relation to some but not all of the goods or services for which
the trade mark is registered; or
(b) in relation to use of the trade mark in a particular locality.IP/N/1/BLZ/T/2
Page 20
(3) An assignment of a registered trade mark, or an assent relating to a
registered trade mark, is not effective unless it is in writing signed by or on behalf
of the assignor or, as the case may be, a personal representative, and this
requirement may be satisfied in a case where the assignor or personalrepresentative is a body corporate by the affixing of its seal.
(4) The above provisions apply to assignment by way of security as in
relation to any assignment.
(5) A registered trade mark may be the subject of a charge in the same
way as other personal or moveable property.
(6) Nothing in this Act shall be construed as affecting the assignment or
other transmission of an unregistered trade mark as part of the goodwill of a
business.
Registration of
transactions
affecting
registered trade
mark.32.-(1) On application being made to the Registrar by:-
     (a) a person claiming to be entitled to an interest in or under a
registered trade mark by virtue of a registrable transaction; or
     (b) any other person claiming to be affected by such a transaction,
the prescribed particulars of the transaction shall be entered in the Register.
(2) The following are registrable transactions-     (a) an assignment of a registered trade mark or any right in it;
     (b) the grant of a licence under a registered trade mark;
     (c) the granting of any security interest (whether fixed or floating)
over a registered trade mark or any right in or under it;
     (d) the making by personal representatives of an assent in relation to
a registered trade mark or any right in or under it;
     (e) an order of a court or other competent authority transferring a
registered trade mark or any right in or under it.
(3) Until an application has been made for registration of the prescribed
particulars of a registrable transaction:-
     (a)  the transaction is ineffective as against a person acquiring a
conflicting interest in or under the registered trade mark in
ignorance of it; and
     (b) a person claiming to be a licensee by virtue of the transaction
does not have the protection of section 43 or 44 (rights and
remedies of licensee in relation to infringement).IP/N/1/BLZ/T/2
Page 21
(4) Where a person becomes the proprietor or a licensee of a registered
trade mark by virtue of a registrable transaction unless:-
     (a) an application for registration of the prescribed particulars of the
transaction is made before the end of the period of six months
beginning with its date; or
     (b) the Court is satisfied that it was not practicable for such an
application to be made before the end of that period and that an
application was made as soon as practicable thereafter,
he is not entitled to damages or an account of profits in respect of any
infringement of the registered trade mark occurring after the date of the
transaction and before the prescribed particulars of the transaction are registered.
(5) Provision may be made by Rules as to:-
     (a) the amendment of registered particulars relating to a licence so as
to reflect any alteration of the terms of the licence; and
     (b)  the removal of such particulars from the register:-
(i) where it appears from the registered particulars that the
licence was granted for a fixed period and that period has
expired; or
(ii) where no such period is indicated and, after such period
as may be prescribed, the Registrar has notified the
parties of his intention to remove the particulars from the
register.
(6) Provision may also be made by Rules as to the amendment or
removal from the register of particulars relating to a security interest on theapplication of, or with the consent of, the person entitled to the benefit of that
interest.
Trusts and
equities.33.-(1) No notice of any trust (express, implied or constructive) shall be entered
in the register, and the Registrar shall not be affected by any such notice.
(2) Subject to the provisions of this Act, equities in respect of a registered
trade mark may be enforced in like manner as in respect of other personal or
moveable property.
Application for
registration of
trade mark as an
object of
property.34.-(1) The provisions of sections 29 to 33 (which relate to a registered trade
mark as an object of property) apply, with the necessary modifications, in relation
to an application for the registration of a trade mark as in relation to a registered
trade mark.
(2) In section 30 (co-ownership of registered trade mark ) as it applies in
relation to an application for registration, the reference in subsection (1) to the
granting of the registration shall be construed as a reference to the making of the
application.IP/N/1/BLZ/T/2
Page 22
(3) In section 32 (registration of transactions affecting registered trade
marks) as it applies in relation to a transaction affecting an application for the
registration of a trade mark, the references to the entry of particulars in the
register, and to the making of an application to register particulars, shall beconstrued as references to the giving of notice to the Registrar of those
particulars.
Grounds for Refusal of Registration
Absolute
grounds forrefusal of
registration.35.-(1) The following shall not be registered:-
     (a) signs which do not satisfy the requirements of the definition of a
trade mark;
     (b) trade marks which are devoid of any distinctive character;
     (c) trade marks which consist exclusively of signs or indications
which may serve, in trade, to designate the kind, quality,
quantity, intended purpose, value, geographical origin, the time
of production of goods or rendering of services, or other
characteristics of goods or services;
     (d) trade marks which consist exclusively of signs or indications
which have become customary in the current language or in the
bona fide and established practices of the trade:
Provided 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 as a result of the use made of it.
(2) A sign shall not be registered as a trade mark if it consists exclusively
of:-
     (a)  the shape which results from the nature of the goods themselves;
     (b)  the shape of goods which is necessary to obtain a technical
result; or
(c) the shape which gives substantial value to the goods.
(3) A trade mark shall not be registered if it is:-     (a) contrary to public policy or to accepted principles of morality; or
     (b) of such a nature as to deceive the public (for instance as to the
nature, quality or geographical origin of the goods or service).
(4) A trade mark shall not be registered if or to the extent that its use is
prohibited in Belize by any enactment or rule of law.
(5) A trade mark shall not be registered in the cases specified, or referred
to, in section 36 (specially protected emblems).IP/N/1/BLZ/T/2
Page 23
(6) A trade mark shall not be registered if or to the extent that the
application for registration is made in bad faith.
Specially
protected
emblems.36.-(1) A trade mark which consists of or contains:-
     (a) the Belize flag, or any of the principal armorial bearings of the
Belize flag, or any insignia or device so nearly resembling the
Belize flag or any such armorial bearings as to be likely to be
mistaken for them or it;
     (b) any insignia used by the Belize Police Department, Belize
Defence Force, Prison Department, Fire Department or any other
Government Department, or any device so nearly resembling
such insignia as to be likely to be mistaken for it;
     (c) words, letters or devices likely to lead persons to think that the
applicant either has or recently has had Government patronage or
authorisation,
shall not be registered unless it appears to the Registrar that consent has been
given by or on behalf of the Government.
(2) A trade mark shall not be registered if it falls in one of the categories
referred to in section 62 (national emblems, etc., of Convention countries) or
section 63 (emblems, etc., of certain international organisations).
Relative grounds
for refusal of
registration.37.-(1) A trade mark shall not be registered if it is identical with an earlier trade
mark and the goods or services for which the trade mark is applied for are
identical with the goods or services for which the earlier trade mark is protected.
(2) A trade mark shall not be registered if because:-     (a) it is identical with an earlier trade mark and is to be registered for
goods or services similar to those for which the earlier trade
mark is protected; or
     (b) it is similar to an earlier trade mark and is to be registered for
goods or services identical with or similar to those for which theearlier trade mark is protected,
there exists a likelihood of confusion on the part of the public, which includes the
likelihood of association with the earlier trade mark.
(3) A trade mark which:-
     (a) is identical with or similar to an earlier trade mark; and
     (b) is to be registered for goods or services which are not similar to
those for which the earlier trade mark is protected,
shall not be registered if, or to the extent that, the earlier trade mark has a
reputation in Belize and the use of the later mark without due cause would takeIP/N/1/BLZ/T/2
Page 24
unfair advantage of, or be detrimental to, the distinctive character or the repute of
the earlier trade mark.
(4) A trade mark shall not be registered if, or to the extent that, its use in
Belize is liable to be prevented:-
     (a) by virtue of any rule of law (in particular, the law of passing off)
protecting an unregistered trade mark or other sign used in the
course of trade; or
     (b) by virtue of an earlier right other than those referred to in
subsections (1) to (3) or paragraph (a) above, in particular by
virtue of the law of copyright, design right or registered designs.
(5) A person thus entitled to prevent the use of a trade mark is referred to
in this Act as the proprietor of an “earlier right” in relation to the trade mark.
(6) Nothing in this section prevents the registration of a trade mark where
the proprietor of the earlier trade mark or other earlier right consents to the
registration.
Meaning of
“earlier trade
mark”.38.-(1) In this Act, an “earlier trade mark” means:-
     (a) a registered trade mark or an international trade mark (Belize)
which has a date of application for registration earlier than that of
the trade mark in question, taking account (where appropriate) of
the priorities claimed in respect of the trade mark; or
     (b) a trade mark which, at the date of application for registration of
the trade mark in question or (where appropriate) of the priority
claimed in respect of the application, was entitled to protection
under the Paris Convention as a well known trade mark.
(2) References in this Act to an earlier trade mark include a trade mark in
respect of which an application for registration has been made and which if
registered, would be an earlier trade mark by virtue of subsection (1) (a) or (b),
subject to its being so registered.
(3) A trade mark within subsection (1) (a) or (b) whose registration
expires shall continue to be taken into a ccount in determining the registrability of
a later mark for a period of one year after the expiry unless the Registrar is
satisfied that there was no bona fide use of the mark during the two years
immediately preceding the expiry.
Raising of
relative grounds
in case of honest
concurrent use.39.-(1) This section applies where on an application for the registration of a trade
mark it appears to the Registrar :-
     (a) that there is an earlier trade mark in relation to which the
conditions set out in section 37 (1), (2), or (3) obtain; or
     (b) that there is an earlier right in relation to which the condition set
out in section 37 (4) is satisfied,IP/N/1/BLZ/T/2
Page 25
but the applicant shows to the satisfaction of the Registrar that there has been
honest concurrent use of the trade mark for which registration is sought.
(2) In that case the Registrar shall not refuse the application by reason of
the earlier trade mark or other earlier right unless objection on that ground israised in opposition proceedings by the proprietor of that earlier trade mark or
other earlier right.
(3) For the purpose of this section “honest concurrent use” means such
use in Belize, by the applicant or with his consent, at the same time the use is
made by the proprietor of the earlier trade mark or with his consent under any
earlier law to this Act relating to trade marks in Belize.
(4) Nothing in this section affects:-     (a) the refusal of registration on the grounds mentioned in section 35
(absolute grounds for refusal), or
     (b) the making of an application for a declaration on invalidity under
section 47 (2) (application on relative grounds where no consent
to registration).
(5) This section does not apply when there is an order in force under
section 40 below.
Power to require
that relativegrounds be
raised in
opposition
proceedings.40.-(1) The Minister may by Order provide that in any case a trade mark shall not
be refused registration on a ground mentioned in section 37 (relative grounds forrefusal) unless objection on that ground is raised in opposition proceedings by the
proprietor of the earlier trade mark or other earlier right.
(2) The Order may make such consequential provisions as appears to the
Minister appropriate:-
     (a)  with respect to the carrying out by the Registrar of searches of
earlier trade marks; and
     (b) as to the persons by whom an application for a declaration of
invalidity may be made on the grounds specified in section 37 (2)
(relative grounds).
(3) An Order making such provision as is mentioned in subsection (2) (a)
may direct that so much of section 16 (examination of application) as requires a
search to be carried out shall cease to have effect.
(4) An Order making such provisions as are mentioned in sub-section (2)
(b) may provide that so much of section 47 (3) as provides that any person may
make an application for a declaration of invalidity shall have effect subject to the
provisions of the Order.
(5) An Order under this section may contain such transitional provisions
as appear to the Minister to be appropriate.IP/N/1/BLZ/T/2
Page 26
Licensing
Licensing of
registered trademark.41.-(1) A licence to use a registered trade mark may be general or limited but a
limited licence may, in particular, apply :-
     (a) in relation to some but not all of the goods or services for which
the trade mark is registered; or
     (b)  in relation to use of the trade mark in a particular manner or a
particular locality.
(2) A licence is not effective unless it is in writing signed by or on behalf
of the grantor.
(3) Unless the licence provides otherwise, it is binding on a successor in
title to the grantor’s interest.
(4) References in this Act to doing anything with, or without, the consent
of the proprietor of a registered trade mark shall be construed as including, in
appropriate cases, references requiring the consent of the licensee, as the case
may be.
(5) Where the licence so provides, a sub-licence may be granted by the
licensee; and references in this Act to a licence or licensee include a sub-licence
or sub-licensee.
Exclusive
licence.42.-(1) In this Act, an “exclusive lice nce” means a licence (whether general or
limited) authorising the licensee to the exclusion of all other persons including
the person granting the licence, to use a registered trade mark in the manner
authorised by the licence, and the expression “exclusive licensee” shall be
construed accordingly.
(2) An exclusive licensee has the same rights against a successor in title
who is bound by the licence as he has against the person granting the licence.
General
provisions as to
rights of licenseesin case of
infringement.43.-(1) This section has effect with respect to the rights of a licensee in relation to
infringement of a registered trade mark but the provisions of this section do not
apply where or to the extent that, by virtue of section 44 (1) below (exclusivelicensee having rights and remedies of assignee), the licensee has a right to bring
proceedings in his own name.
(2) A licensee is entitled, unless his licence through which his interest is
derived provides otherwise, to call on the proprietor of the registered trade markto take infringement proceedings in respect of any matter which affects his
interests.
(3) If the proprietor:-
     (a) refuses to do so; or
     (b) fails to do so within two months after being called upon,IP/N/1/BLZ/T/2
Page 27
the licensee may bring the proceedings in his own name as if he were the
proprietor.
(4) Where infringement proceedings are brought by a licensee by virtue
of this section, the licensee may not, without the leave of the Court, proceed withthe action unless the proprietor is either joined as a plaintiff or added as a
defendant but this does not affect the granting of interlocutory relief on an
application by a licensee alone.
(5) A proprietor who is added as a defendant as mentioned in
subsection (4) above shall not be made liable for any costs in the action unless he
takes part in the proceedings.
(6) In infringement proceedings brought by the proprietor of a registered
trade mark, any loss suffered or likely to be suffered by licensees shall be taken
into account; and the Court may give such di rections as it thinks fit as to the
extent to which the plaintiff is to hold the proceeds of any pecuniary remedy onbehalf of licensees.
(7) The provisions of this section apply in relation to an exclusive
licensee if or to the extent that he has, by virtue of section 44 (1), the rights and
remedies of an assignee as if he were the proprietor of the registered trade mark.
Exclusive
licensee
having rights and
remedies ofassignee.44.-(1) An exclusive licence may provide that the licensee shall have, to such
extent as may be provided by the licence, the same rights and remedies in respect
of matters occurring after the grant of the licence as if the licence had been an
assignment and, where or to the extent that such provision is made, the licensee isentitled, subject to the provisions of the licence and to the following provisions of
this section, to bring infringement proceedings against any person other than the
proprietor, in his own name.
(2) Any such rights and remedies of an exclusive licensee are concurrent
with those of the proprietor of the registered trade mark; and references to the
proprietor of a registered trade mark in the provisions of this Act relating to
infringement shall be construed accordingly.
(3) In an action brought by an exclusive licensee by virtue of this section,
a defendant may avail himself of any defence which would have been available to
him if the action had been brought by the proprietor of the registered trade mark.
(4) Where proceedings for infringement of a registered trade mark
brought by the proprietor or an exclusive licensee relate wholly or partly to an
infringement in respect of which they have concurrent rights of action, the
proprietor or, as the case may be, the exclusive licensee may not, without theleave of the Court, proceed with the action unless the other is either joined as a
plaintiff or added as a defendant but this does not affect the granting of
interlocutory relief on an application by a proprietor or an exclusive licensee
alone.
(5) A person who is added as a defendant as mentioned in subsection (4)
shall not be made liable for any costs in the action unless he takes part in the
proceedings.IP/N/1/BLZ/T/2
Page 28
(6) Where an action for infringement of a registered trade mark is
brought which relates wholly or partly to an infringement in respect of which the
proprietor and an exclusive licensee have or had concurrent rights of action :-
     (a)  the Court shall in assessing damages take into account-
(i) the terms of the licence; and
(ii) any pecuniary remedy already awarded or available to
either of them in respect of the infringement;
     (b) no account of profits shall be directed if an award of damages
has been made, or an account of profits has been directed, in
favour of the other of them in respect of the infringement; and
     (c)  the Court shall if an account of profits is directed, apportion the
profits between them as the Court considers just, subject to anyagreement between them:
Provided that the provisions of this subsection apply whether or not the
proprietor and the exclusive licensee are both parties to the action; and if they are
not both parties the Court may give such directions as it thinks fit asto the extentto which the party to the proceedings is to hold the proceeds of any pecuniary
remedy on behalf of the other.
(7) The proprietor of a registered trade mark shall notify any exclusive
licensee who has a concurrent right of action before applying for an order undersection 51 (order for delivery up); and the Court may on the application of the
licensee make such order under that sectio n as it thinks fit having regard to the
terms of the licence.
(8) The provisions of subsections (4) to (7) above have effect subject to
any agreement to the contrary between the exclusive licensee and the proprietor.
Surrender, Revocation and Invalidity
Surrender of
registered trade
mark.45.-(1) A registered trade mark may be surrendered by the proprietor in respect of
some or all of the goods or services for which it is registered.
(2) Provision may be made by Rules:-
     (a) as to the manner and effect of a surrender; and
     (b) for protecting the interests of other persons having a right in the
registered trade mark.
Revocation of
registration.46.-(1) The registration of a trade mark may be revoked on any of the following
grounds:-
     (a) that within the period of five years following the date of
completion of the registration procedure it has not been 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, andIP/N/1/BLZ/T/2
Page 29
there are no proper reasons for non-use;
     (b) that such use has been suspended for an uninterrupted period of
five years, and there are no proper reasons for non-use;
     (c) that, in consequence of the acts or inactivity of the proprietor, it
has become the common name in the trade for a product or
service for which it is registered;
    (d) that in consequence of the use made of it by the proprietor or
with his consent in relation to the goods or services for which it
is registered, it is liable to mislead the public, particularly as tothe nature, quality or geographical origin of those goods or
services.
(2) For the purposes of subsection (1), “use of a trade mark” includes use
in a form differing in elements which do not alter the distinctive character of the
mark in the form in which it was registered, and use in Belize includes affixing
the trade mark to goods or to the packaging of goods in Belize solely for export
purposes.
(3) The registration of a trade mark shall not be revoked on the ground
mentioned in subsection (1) (a) or (b) above if such use as is referred to in those
paragraphs is commenced or resumed after the expiry of the five year period and
before the application for revocation is made:
Provided that, any such commencement or resumption of use after the
expiry of the five year period but within the period of three months before themaking of the application shall be disregarded unless preparations for the
commencement or resumption began before the proprietor became aware that the
application might be made.
(4) An application for revocation may be made by any person, and may
be made either to the Registrar or to the Court, except that:-
     (a) if proceedings concerning the trade mark in question are pending
in the Court, the application must be made to the Court; and
     (b) if in any other case the application is made to the Registrar, he
may at any stage of the proceedings refer the application to theCourt.
(5) Where grounds for revocation exist in respect of only some of the
goods or services for which the trade mark is registered, revocation shall relate to
those goods or services only.
(6) Where the registration of a trade mark is revoked to any extent, the
rights of the proprietor shall be deemed to have ceased to that extent as from:-
     (a) the date of the application for revocation; or
     (b) if the Registrar or Court is satisfied that the grounds for
revocation existed at an earlier date, that date.IP/N/1/BLZ/T/2
Page 30
Grounds for
invalidity of
registration.47.-(1) The registration of a trade mark may be declared invalid on the ground
that the trade mark was registered in breach of section 35 or any of the provisions
referred to in that section (absolute grounds for refusal of registration) but where
the trade mark was registered in breach of subsection (1) (b), (c ), or (d) of that
section, it shall not be declared invalid if, in consequence of the use which hasbeen made of it, it has after registration acquired a distinctive character in relation
to the goods or services for which it is registered.
(2) The registration of a trade mark may be declared invalid on the
ground:-
     (a) that there is an earlier trade mark in relation to which the
conditions set out in section 37 (1), (2) or (3) obtain; or
     (b)  that there is an earlier right in relation to which the condition set
out in section 37 (4) is satisfied, unless the proprietor of that
earlier trade mark or other earlier right has consented to theregistration.
(3) An application for a declaration of invalidity may be made by any
person, and may be made either to the Registrar or to the Court, except that:-
     (a) if proceedings concerning the trade mark in question are pending
in the Court, the application shall be made to the Court; and
(b) if in any other case the application is made to the Registrar, he
may at any stage of the proceedings refer the application to theCourt.
(4) In the case of bad faith in the registration of a trade mark, the
Registrar himself may apply to the Court for a declaration of the invalidity of the
registration.
(5) Where the grounds of invalidity exist in respect of only some of the
goods or services for which the trade mark is registered, the trade mark shall be
declared invalid as regards those goods or services only.
(6) Where the registration of a trade mark is declared invalid to any
extent, the registration shall to that extent be deemed never to have been made:Provided that this shall not affect transactions past and closed.
Effect of
acquiescence of
earlier trademark.48.-(1) Where the proprietor of an earlier trade mark or other earlier right has
acquiesced for a continuous period of five years in the use of a registered trade
mark in Belize, being aware of that use, there shall cease to be any entitlement onthe basis of that earlier trade mark or other right:-
     (a) to apply for a declaration that the registration of the later trade
mark is invalid; or
     (b) to oppose the use of the later trade mark in relation to the goods
or services in relation to which it has been so used,
unless the registration of the later trade mark was applied for in bad faith.IP/N/1/BLZ/T/2
Page 31
(2) Where subsection (1) applies, the proprietor of the later trade mark is
not entitled to oppose the use of the earlier trade mark, or as the case may be, the
exploitation of the earlier right, notwithstanding that the earlier trade mark or
right may no longer be invoked against his later trade mark.
Infringement Proceedings
Action for
infringement.49.-(1) An infringement of a registered trade mark is actionable by the proprietor
of the trade mark.
(2) In an action for infringement, all such relief by way of damages,
injunctions, accounts or otherwise is available to him as is available in respect of
the infringement of any other property right.
Order of erasure,
etc., of offendingsign.50.-(1) Where a person is found to have infringed a registered trade mark, the
Court may make an order requiring him:-
     (a) to cause the offending sign to be erased, removed or obliterated
from any infringing goods, material or articles in his possession,
custody or control; or
     (b)  if it is not reasonably practicable for the offending sign to be
erased, removed or obliterated, to secure the destruction of the
infringing goods, material or articles in question.
(2) If an order under subsection (1) is not complied with, or it appears to
the Court likely that such an order would not be complied with, the Court may
order that the infringing goods, material or articles be delivered to such person as
the Court may direct for erasure, removal or obliteration of the sign, or for
destruction, as the case may be.
Order for
delivery up of
infringing goods,
material or
articles.51.-(1) The proprietor of a registered trade mark may apply to the Court for an
order for the delivery up to him, or such other person as the Court may direct, of
any material or infringing goods, articles which a person has in his possession,
custody or control in the course of a business.
(2) An application shall not be made after the end of the period specified
in section 53 (period after which remedy for delivery up not available); and noorder shall be made unless the Court also makes, or it appears to the Court that
there are grounds for making, an order under section 54 (order as to disposal of
infringing goods, etc.).
(3) A person to whom any infringing goods, material or articles are
delivered up in pursuance of an order under this section shall, if an orderunder
section 54 is not made, retain them pending the making of such order, or the
decision not to make an order under that section.
(4) Nothing in this section affects any other power of the Court.IP/N/1/BLZ/T/2
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Meaning of
“infringing
goods, material
or articles”.52.-(1) In this Act, the expression “infringing goods”, “infringing material” and
“infringing articles” shall be construed as provided in the next following
subsections
(2) Goods are “infringing goods” in relation to a trade mark, if they or
their packaging bear a sign identical or similar to that mark and:-
     (a) the application of the sign to the goods or their packaging was an
infringement of the registered trade mark; or
     (b) the goods are proposed to be imported into Belize and the
application of the sign in Belize to them or their packaging
would be an infringement of the registered trade mark; or
     (c) the sign has otherwise been used in relation to the goods in such
a way as to infringe the registered trade mark.
(3) Nothing in subsection (2) shall be construed as affecting the
importation of goods which may lawfully be imported into Belize by virtue of
any law.
(4) Material is “infringing material”, in relation to a registered trade mark
if it bears a sign identical or similar to that mark and either:-
     (a) it is used for labeling or packaging goods, as a business paper, or
for advertising goods or services, in such a way as to infringe theregistered trade mark; or
     (b) it is intended to be so used and such use would infringe the
registered trade mark.
(5) “Infringing articles”, in relatio n to a registered trade mark, means
articles:-
    (a) which are specifically designed or adapted for making copies of
a sign identical or similar to that mark; and
(b) which a person has in his possession, custody or control,
knowing or having reason to believe that they have been or are to
be used to produce infringing goods or material.
Period after
which remedy fordelivery up not
available.53.-(1) An application for an order under section 51 (order for delivery up of
infringing goods, material or articles) may not be made after the end of the periodof six years from:-
     (a) in the case of infringing goods, the date on which the trade mark
was applied to the goods or their packaging;
     (b) in the case of infringing material, the date on which the trade
mark was applied to the material; orIP/N/1/BLZ/T/2
Page 33
     (c) in the case of infringing articles, the date on which they were
made, except as mentioned in the next following provisions.
(2) If during the whole or part of that period the proprietor of the
registered trade mark:-
     (a) Is under a disability; or
     (b) is prevented by fraud or concealment from discovering the facts
entitling him to apply for an order,
an application may be made at any time before the end of the period of six years
from the date on which he ceased to be under such disability or, as the case may
be, could with reasonable diligence have discovered those facts.
CAP. 170.(3) In subsection (2), i2disabilityl. has the same meaning as in section 28
of the Limitation Act.
Order as to
disposal of
infringing goods,
material orarticles.54.-(1) Where infringing goods, material or articles have been delivered up in
pursuance of an order under section 51, an application may be made to the
Court:-
     (a) for an order that they be destroyed or forfeited to such person as
the Court may think fit; or
     (b) for a decision that no such order should be made.
(2) In considering what order (if any) should be made, the Court shall
consider whether other remedies available in an action for infringement of the
registered trade mark would be adequate to compensate the proprietor and any
licensee and protect their interests.
(3) Provision shall be made by Rules of Court as to the service of notice
on persons having an interest in the goods, material or articles, and any such
person is entitled:-
(a) to appear in proceedings for an order under this section, whether
or not he was served with notice; and
(b) to appeal against any order made, whether or not he appeared,
and an order shall not take effect until the end of the period within which notice
of an appeal may be given or, if before the end of that period notice of appeal is
duly given, until the final determination or abandonment of the proceedings onthe appeal.
(4) Where there is more than one person interested in the goods, material
or articles, the Court shall make such order as it thinks just.
(5) If the Court decides that no order should be made under this section,
the person in whose possession, custody or control the goods, material or articles
were before being delivered up is entitled to their return.IP/N/1/BLZ/T/2
Page 34
(6) References in this section to a person having an interest in goods,
material or articles include any person in whose favour an order would or may be
made under this section.
Remedy for
groundless
threats of
infringement
proceedings.55.-(1) Where a person threatens another with proceedings for infringement of a
registered trade mark other than:-
     (a) the application of the mark to goods or their packaging;
     (b) the importation of goods to which, or to the packaging of which,
the mark has been applied; or
     (c) the supply of services under the mark;
any person aggrieved may bring proceedings for relief under this section.
(2) The relief which may be applied for is any of the following:-     (a) a declaration that the threats are unjustifiable;
     (b) an injunction against the continuance of the threats;
     (c) damages in respect of any loss he has sustained by the threats,
and the plaintiff is entitled to such relief unless the defendant shows that the acts
in respect of which proceedings were threatened constitute (or if done  would
constitute) an infringement of the registered trade mark concerned.
(3) If that is shown by the defendant, the plaintiff is nevertheless entitled
to relief if he shows that the registration of the trade mark is invalid or liable to be
revoked in a relevant respect.
(4) The mere notification that a trade mark is registered, or that an
application for registration has been made, does not constitute a threat of
proceedings for the purposes of this section.
Priority
Claim to priority
of Convention
application.56.-(1) A person who has duly filed an application for protection of a trade mark
in a Convention country (a “Convention application”), or his successor in title,
has a right to priority, for the purposes of registering the same trade mark under
this Act for some or all of the same goods or services, for a period of six months
from the date of filing of the first such application.
(2) If the application for registration under this Act is made within that
six-month period:-
     (a) the relevant date for the purposes of establishing which rights
take precedence shall be the date of filing of the first Conventionapplication; andIP/N/1/BLZ/T/2
Page 35
     (b) the registrability of the trade mark shall not be affected by any
use of the mark in Belize in the period between that date and the
date of the application under this Act.
(3) Any filing which in a Convention country is equivalent to a regular
national filing, under its domestic legislation or an international agreement, shall
be treated as giving rise to the right of priority.
(4) A “regular national filing” means a filing which is adequate to
establish the date on which the application was filed in that country, whatever
may be the subsequent fate of the application.
(5) A subsequent application concerning the same subject as the first
Convention application, filed in the same Convention country, shall be
considered the first Convention application (of which the filing date is the
starting date of the period of priority), if at the time of the subsequentapplication:-
     (a) the previous application has been withdrawn, abandoned or
refused, without having been laid open, to public inspection and
without leaving any rights outstanding; and
     (b) it has not yet served as a basis for claiming a right of priority.
The previous application may not thereafter serve as a basis for claiming a right
of priority.
Provision may be made by Rules as to the manner of claiming a right to
priority on the basis of a Convention application.
(6) A right to priority arising as a result of a Convention application may
be assigned or otherwise transmitted, either with the application or independently
and the reference in subsection (1) to the applicant’s successor in title shall beconstrued accordingly.
Collective Marks
Collective marks.
First Schedule.57. The provisions of this Act apply to collective marks subject to the provisions
of the First Schedule.
Certification Marks
Certification
marks.
Second Schedule.58. The provisions of this Act apply to certification marks subject to the
provisions of the Second Schedule.IP/N/1/BLZ/T/2
Page 36
PART I V
International Matters
The Paris Convention and Other International Arrangements
Application of
treaties.59. The provisions of any international treaty in respect of trade marks, collective
marks and certification marks to which Belize is party shall apply to matters dealt
with by this Act and, in case of conflict with the provisions of this Act, shall
prevail over the latter.
The Paris
Convention.60.-(1) The Paris Convention for the Protection of Industrial Property of March
20 th 1883, as revised or amended from time to time, the Regulations made
thereunder, and the Administrative Inst ructions made under those Regulations
shall be given full effect.
(2) Where reference is made in this Act to the Paris Convention, such
reference shall include the Regulations and Administrative Instructions referred
to subsection (1).
(3) Where the provisions of this Act and the Regulations made
thereunder conflict with those of the Paris Convention, the provisions of the Paris
Convention shall prevail.
Protection of
well-known trademark:
Article 6bis of
Paris Convention.61.-(1) References in this Act to a trade mark which is entitled to protection
under the Paris Convention as a well-known trade mark are to a mark which iswell-known in Belize as being the mark of a person who:-
     (a) is a national of a Convention country; or
     (b) is domiciled in, or has a real and effective industrial or
commercial establishment in, a Convention country,
whether or not that person carries on business, or has any goodwill, in Belize, and
references to the proprietor of such a mark shall be construed accordingly.
 (2) The proprietor of a trade mark which is entitled to protection under
the Paris Convention as a well known trade mark is entitled to restrain byinjunction the use in Belize of a trade mark which, or the essential part of which,
is identical or similar to his mark, in relation to identical or similar goods or
services, where the use is likely to cause confusion, but this right is subject to
section 48 (effect of acquiescence by proprietor of earlier trade mark).
(3) Nothing in subsection (2) affects the continuation of any bona fide
use of a trade mark begun before the commencement of this section.
National
emblems, etc., ofConvention
countries:
Article 6ter of
Paris Convention.62.-(1) A trade mark which consists of or contains the flag of a Convention
country shall not be registered without the authorisation of the competentauthorities of that country, unless it appears to the Registrar that use of the flag in
the manner proposed is permitted without such authorisation.IP/N/1/BLZ/T/2
Page 37
(2) A trade mark which consists of or contains the armorial bearings or
any other state emblem of a Convention country which is protected under the
Paris Convention shall not be registered without the authorisation of the
competent authorities of that country.
(3) A trade mark which consists of or contains an official sign or
hallmark adopted by a Convention country and indicating control and warranty
shall not, where the sign or hallmark is protected under the Paris Convention, be
registered in relation to goods or services of the same, or a similar kind, as those
in relation to which it indicates control and warranty, without the authorisation of
the competent authorities of the country concerned.
(4) The provisions of this section as to national flags and other state
emblems, and official signs or hallmarks, apply equally to anything which from a
heraldic point of view imitates any such flag or other emblem, or sign or
hallmark.
(5) Nothing in this section prevents the registration of a trade mark on the
application of a national of a country who is authorised to make use of a state
emblem, or official sign or hallmark, of that country, notwithstanding that it is
similar to that of another country.
(6) Where by virtue of this section the authorisation of the competent
authorities of a Convention country is or would be required forthe registration of
a trade mark; those authorities are entitled to restrain by injunction any use of the
mark in Belize without their authorisation.
Emblems, etc., of
certain
international
organisations:
Article 6ter
of Paris
Convention.63.-(1) This section applies to:-
     (a) the armorial bearings, flags or other emblems; and
     (b) the abbreviations and names,
of international intergovernmental organisations of which one or more
Convention countries are members.
(2) A trade mark which consists of or contains any such emblem,
abbreviation or name which is protected under the Paris Convention shall not be
registered without the authorisation of the international organisation concerned,unless it appears to the Registrar that the use of the emblem, abbreviation or
name in the manner proposed:-
     (a) is not such as to suggest to the public that a connection exists
between the organisation and the trade mark; or
     (b) is not likely to mislead the public as to the existence of a
connection between the use and the organisation.
(3) The provisions of this section as to emblems of an international
organisation apply equally to anything which from a heraldic point of view
imitates any such emblem.IP/N/1/BLZ/T/2
Page 38
(4) Where by virtue of this section the authorisation of an international
organisation is or would be required for the registration of a trade mark, that
organisation is entitled to restrain by injunction any use of the mark in Belize
without its authorisation.
(5) Nothing in this section affects the rights of a person whose bona fide
use of the trade mark in question began before the day when the relevant
provisions of the Paris Convention entered into force in relation to Belize.
Notification
under Article 6ter
of the Paris
Convention.64.-(1) For the purposes of section 62, state emblems of a Convention country
(other than the national flag), and official  signs or hallmarks, shall be regarded as
protected under the Paris Convention only if, or to the extent that:-
     (a) the country in question has notified Belize in accordance with
Article 6ter (3) of the Convention that it desires to protect that
emblem, sign or hallmark;
     (b)  the notification remains in force; and
     (c) Belize has not objected to it in accordance with Article 6ter (4)
or any such objection has been withdrawn.
(2) For the purposes of section 62, the emblems, abbreviations and names
of an international organisations shall be regarded as protected under the Paris
Convention only if, or to the extent that:-
     (a) the organisation in question has notified Belize in accordance
with Article 6ter (3) of the Convention that it desires to protect
that emblem, abbreviation or name;
     (b) the notification remains in force, and
     (c) Belize has not objected to it in accordance with Article 6ter (4)
or any such objection has been withdrawn
(3) Notification under Article 6ter (3) of the Paris Convention shall have
effect only in relation to applications for registration made more than two months
after the receipt of the notification.
(4) The Registrar shall keep and make available for public inspection by
any person, at all reasonable hours and free of charge, a list of:-
     (a) the state emblems and official signs or hallmarks; and
     (b) the emblems, abbreviations and names of international
organisations,
which are for the time being protected under the Paris Convention by virtue of
notification under Article 6ter (3).IP/N/1/BLZ/T/2
Page 39
Acts of agent or
representative:
Article 6septies
of the ParisConvention.65.-(1) The following provisions apply where an application for registration of a
trade mark is made by a person who is an agent or representative of a person who
is the proprietor of the mark in a Convention country.
(2) If the proprietor opposes the application, registration shall be refused.
(3) If the application (not being so opposed) is granted, the proprietor
may -
     (a) apply for a declaration of the invalidity of the registration; or
(b) apply for the rectification of the register so as to substitute his
name as the proprietor of the registered trade mark.
(4) The proprietor may (notwithstanding the rights conferred by this Act
in relation to a registered trade mark) by injunction restrain any use of the trademark in Belize which is not authorised by him.
(5) Subsections (2), (3) and (4) do not apply if, or to the extent that, the
agent or representative justifies his action.
(6) An application under subsection (3) (a) or (b) shall be made within
three years of the proprietor becoming aware of the registration; and no
injunction shall be granted under subsection (4) in respect of a use in which the
proprietor has acquiesced for a continuous period of three years or more.
Judicial notice of
certain treaties.66.-(1) Judicial notice shall be taken of the Paris Convention or any other Treaty
relating to trade marks, collective marks and certification marks to which Belize
may become a party, and of any bulletin, journal or gazette published under such
Convention or Treaty.
(2) Any document referred to in any such bulletin, journal or gazette shall
be admissible as evidence of any instrument or other act thereby communicated,or of any institution established by or  having functions under any Convention or
Treaty referred to in subsection (1) above.
PART V
Legal and General
Legal Proceedings
Registration to be
prima facie
evidence of
validity.67. In all legal proceedings relating to a registered trade mark (including
proceedings for rectification of the register) the registration of a person as
proprietor of a trade mark shall be prima facie evidence of the validity of the
original registration and of any subsequent assignment or other transmission of it.
Certificate of
validity of
contested
registration.68.-(1) If in the proceedings before the Court the validity of the registration of a
trade mark is contested and it is found by the Court that the trade mark is validly
registered, the Court may give a certificate to that effect.
(2) If the Court gives such a certificate and in subsequent proceedings-IP/N/1/BLZ/T/2
Page 40
     (a) the validity of the registration is again questioned; and
     (b) the proprietor obtains a final order or judgment in his favour,
he is entitled to his costs as between attorney and client unless the Court
directs otherwise but this subsection does not extend to the costs of an
appeal in any such proceedings.
Registrar’s
appearance in
proceedingsinvolving the
register.69.-(1) In proceedings before the Court involving an application for:-
     (a) the revocation of the registration of a trade mark;
     (b) a declaration of the invalidity of the registration of a trade mark;
or
     (c) the rectification of the register,
the Registrar is entitled to appear and be heard if so directed by the Court.
(2) Unless otherwise directed by the Court, the Registrar may instead of
appearing submit to the Court a statement in writing signed by him givingparticulars of :-
     (a) any proceedings before him in relation to the matter in issue;
     (b) the grounds of any decision given by him affecting it;
     (c) the practice of the Intellectual Property Office in like cases; or
     (d) such matters relevant to the issues and within his knowledge as
Registrar as he thinks fit,
and the statement shall be deemed to form part of the evidence in the
proceedings.
(3) Any thing which the Registrar is or may be authorised or required to
do under this section may be done on his behalf by a duly authorised officer of
the staff of the Intellectual Property Office.
Appeals from
decisions of the
Registrar.70.-(1) An appeal lies to the Court from any decision of the Registrar under this
Act.
(2) For the purposes of this section, “decision of the Registrar” includes
any act of the Registrar in exercise of a discretion vested in him by or under this
Act.
Power of
Minister to makeRules.71.-(1) The Minister may make Rules:-
     (a) for the purpose of any provision of this Act authorising the
making of Rules with respect to any matter; andIP/N/1/BLZ/T/2
Page 41
     (b) for prescribing anything authorised or required by any provision
of this Act to be prescribed,
and generally for regulating practice and procedure under this Act.
(2) Provision may, in particular, be made-
     (a) as to the manner of filing of applications and other documents;
     (b) requiring and regulating the translation of documents and the
filing and authentication of any translation;
     (c) as to the service of documents;
     (d) authorising the rectification of irregularities of procedure;
     (e) prescribing time limits for anything required to be done in
connection with any proceeding under this Act;
     (f) providing for the extension of any time limit so prescribed, or
specified by the Registrar, whether or not it has already expired.
(2) Provision may be made by Rules as to-
    (a) the payment of a single fee in respect of two or more matters;
and
(b) the circumstances (if any) in which a fee may be repaid or
remitted.
Hours of
business ofIntellectual
Property Office.72.-(1) The Registrar may give directions specifying the hours of business of the
Intellectual Property Office for the purpose of the transaction by the public ofbusiness under this Act, and the days which are business days for that purpose.
(2) Business done on any day after the specified hours of business, or on
a day which is not a business day, shall be deemed to have been done on the next
business day; and where the time for doing anything under this Act expires on a
day which is not business day, that time shall be extended to the next business
day.
(3) Directions under this section may make different provision for
different classes of business and shall be published in the prescribed manner.
73.-(1) Every applicant for the registration of a trade mark, certification mark or
collective mark in the register whose ordinary residence or principal place of
business is outside Belize shall be represented by an attorney-at-law who is
resident in Belize and practicing in Belize in accordance with the relevant law.
(2) The Minister may make Rules requiring the keeping of a register of
persons who act as agents for other persons for the purpose of applying for or
obtaining the registration of trade marks; and references in this Act to “trade
mark agent” or “agent” shall be construed, unless the context otherwise requires,
to be references to persons whose names are entered in the register pursuant toIP/N/1/BLZ/T/2
Page 42
this subsection.
(3) The Rules may require the payment of fees by persons requiring to be
registered as agents.
(4) No person who is not an agent shall carry on business under any
name, description or style which contains the words “registered trade mark
agent” or hold himself out or otherwise describe himself as such an agent.
(5) A person who contravenes subsection (4) above commits an offence
and is liable on summary conviction to a fine not exceeding five  thousand dollars
or to imprisonment for a period not exceeding three years, or to both such fineand period of imprisonment.
Provision
restricting
importation ofinfringing goods.74.-(1) The proprietor of a registered trade mark, or a licensee, may give notice in
writing to the Comptroller of Customs :-
     (a) that he is the proprietor or, as the case may be, a licensee, of the
registered trade mark;
     (b) that, at a time and place specified in the notice, goods which are,
in relation to that registered trade mark, infringing goods,material or articles are expected to arrive in Belize; and
     (c) that he requests the Comptroller of Customs to treat them as
prohibited goods.
(2) When a notice is in force under this section the importation of the
goods to which the notice relates, otherwise than by a person for his private and
domestic use, is prohibited; but a person is not by reason of the prohibition liable
to any penalty other than forfeiture of the goods.
(3) The proprietor of a registered trade mark, or a licensee who gives
notice to the Comptroller of Customs pursuant to subsection (1) above shall
comply with such conditions with respect to:-
     (a) the form of the notice;
     (b) the furnishing of evidence;
     (c) the payment of fees in respect of the notice;
    (d) the giving of security in respect of any liability or expense which
the Comptroller may incur in consequence of the notice byreason of the detention of any article or anything done to a
detained article;
     (e) the indemnification of the Comptroller against any liability or
expenses, whether security has been given or not; and
     (f) any other incidental or supplementary matters, as may be
prescribed, and different provisions may be prescribed for
different classes or cases.IP/N/1/BLZ/T/2
Page 43
CAP. 49. (4) Notwithstanding anything in the Customs Regulation Act, a person
shall not be liable to any penalty under that Act (other than the forfeiture of the
goods) by reason only that any goods are treated as prohibited goods by virtue of
this section.
Offences
Unauthorised use
of trade mark,
etc., in relation to
goods.75.-(1) A person commits an offence who with a view to gain for himself or
another, or with intent to cause a loss to another, and without the consent of the
proprietor:-
     (a) applies to goods or their packaging a sign identical to, or likely to
be mistaken for, a registered trade mark; or
     (b) sells or lets for hire, offers or exposes for sale or hire or
distribute goods which bear, or the packaging of which bears,such a sign; or
     (c) has in his possession, custody or control in the course of a
business any such goods with a view to the doing of anything, by
himself or another, which would be an offence under paragraph(b) above.
(2) A person commits an offence who with a view to gain for himself or
another, or with intent to cause loss to another, and without the consent of the
proprietor:-
     (a) applies a sign identical to, or likely to be mistaken for, a
registered trade mark; to material intended to be used:-
(i) for labelling or packaging goods;
(ii) as a business paper in relation to goods; or
(iii) for advertising goods; or
     (b) uses in the course of a business material bearing such a sign for
labelling or packaging goods, as a business paper in relation togoods, or for advertising goods; or
     (c) has in his possession, custody or control in the course of a
business any such material with a view to the doing of anything
by himself or another, which would be an offence underparagraph (b).
(3) A person commits an offence who with a view to gain for himself or
another, or with intent to cause loss to another, and without the consent of the
proprietor:-
     (a) makes an article specifically designed or adapted for making
copies of a sign identical to, or likely to be mistaken for, a
registered trade mark; orIP/N/1/BLZ/T/2
Page 44
     (b) has such an article in his possession, custody or control in the
course of a business,
knowing or having reason to believe that it has been, or is to be, used to
produce goods, material for labelling or packaging goods, as a businesspaper in relation to goods, or for advertising goods.
(4) A person does not commit an offence under this section unless:-     (a) the goods are goods in respect of which the trade mark is
registered; or
     (b) the trade mark has a reputation in Belize and the use of the sign
takes or would take unfair advantage of, or is or would be
detrimental to, the distinctive character or the repute of the trade
mark.
(5) It is a defence for a person charged with an offence under this section
to show that he believed on reasonable grounds that the use of the sign in the
manner in which it was used, or was to be used, was not an infringement of the
registered trade mark.
(6) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding fifteen thousand dollars or to imprisonment for
a period not exceeding ten years; and where the offence continues after the first
conviction, to a further fine of one hundred dollars for every day such offence
continues, or in default of payment of the fine to imprisonment for a period of tendays for every day such offence continues.
Falsification of
register, etc.76.-(1) It is an offence for a person to make, or cause to be made, a false entry in
the register of trade marks, knowing or having reason to believe that it is false.
(2) It is an offence for a person:-
     (a) to make or cause to be made anything falsely purporting to be a
copy or an extract of an entry in the register; or
     (b) to produce or tender or cause to be produced or tendered in
evidence any such thing,
knowing or having reason to believe that it is false.
(3) A person guilty of an offence under this section shall be liable on
summary conviction to a fine not exceeding ten thousand dollars or toimprisonment for a period not exceeding five years, or to both such fine and
period of imprisonment.
Falsely
representing trademark as
registered.77.-(1) It is an offence for a person -
     (a) falsely to represent that a mark is a registered trade mark ;or
     (b) to make a false representation as to the goods or services for
which a trade mark is registered.IP/N/1/BLZ/T/2
Page 45
(2) For the purposes of this section, the use in Belize in relation to a trade
mark -
     (a) of the word “registered”; or
     (b) of any other word or symbol importing a reference (express or
implied) to registration,
shall be deemed to be a representation as to registration under this Act
unless it is shown that the reference is to registration elsewhere than in
Belize and that the trade mark is in fact so registered for the goods orservices in question.
(3) A person guilty of an offence under this section shall be liable on
summary conviction to a fine not exceeding eight thousand dollars or to
imprisonment for a period not exceeding four years, or to both such fine andperiod of imprisonment.
Offences by
body corporate
or partnership.77.-(1) Where an offence is committed under this Act by a body corporate, every
person who at the material time was a Director, Manager, Secretary or other
similar officer of the body corporate, or any person purporting to act in suchcapacity shall be liable to be proceeded against and punished accordingly unless
he proves that the offence was committed without his knowledge or connivance,
or that he tried to prevent the commission of the offence.
(2) Subsection (1) shall, mutatis mutandi s, apply in respect of partners in
a partnership for offences committed by a partnership under this Act.
(3) A fine imposed on a partnership on its conviction under this Act shall
be paid out of the partnership assets.
Powers of police
officers.79.-(1) Any police officer may:-
     (a)  subject to the provisions of this Act, enter and search any
premises or place, for goods which, or the packaging of which,
bears a sign identical to or likely to be mistaken for a registered
trade mark; or for material bearing such a sign and intended to be
used for labelling or packaging goods, as a business paper inrelation to goods, or for advertising goods, or for articles
specifically designed or adapted for making copies of such sign;
     (b) stop, board and search any vessel (other than a ship of war) or
any aircraft (other than a military aircraft) for goods referred toin paragraph (a) above;
     (c) stop and search any vehicle, in which he reasonably suspects that
there are the goods referred to in paragraph (a) above;
     (d) seize, remove or detain any goods referred to in paragraph (a)
above found by him pursuant to this subsection.IP/N/1/BLZ/T/2
Page 46
(2) Any police officer may:-
     (a) break open any outer or inner door of any place which he is
empowered or authorized by this Act to enter and search ;
     (b) forcibly board any vessel, aircraft or vehicle which he is
empowered by this Act to stop, board and search;
     (c) remove by force any person or thing obstructing him in the
exercise of any power conferred on him by this Act;
     (d) detain any person found in any place which he is empowered or
authorised by this Act to search until such place has been
searched;
     (e) detain any vessel or aircraft which he is empowered by this Act
to stop, board and search, and prevent any person from
approaching or boarding such vessel or aircraft until it has been
searched;
     (f) detain any vehicle which he is empowered by this Act to stop
and search until it has been searched.
Restrictions on
the entry and
search ofdomestic
premises.80.-(1) No domestic premises shall be entered and searched by a police officer
unless a magistrate has issued a warrant under subsection (2) below.
(2) A magistrate may, if he is satisfied by information on oath that there
are reasonable grounds for suspecting that there is in any domestic premises any
article which may be seized, removed or detained under any provision of this Act,
issue a warrant authorising a police office to enter and search the premises.
(3) A police officer authorised under subsection (2) above to enter and
search any premises may call upon any police officer to assist him in entering andsearching the premises.
(4) In this section, “domestic premises” means any premises or any part
thereof , used exclusively or mainly as a dwelling house.
Obstruction of
police officers.81.-(1) Without prejudice to any other written law, any person who:-
     (a) wilfully obstructs a police officer in the exercise of his powers or
the performance of his duties under this Act;
     (b) wilfully fails to comply with any requirements properly made to
him by any such police officer; or
     (c) without reasonable excuse, fails to give such police officer any
other assistance which he may reasonably require to be given forthe purpose of exercising his powers or performing his duties
under this Act,IP/N/1/BLZ/T/2
Page 47
commits an offence and is liable on summary conviction to a fine not
exceeding one thousand dollars or to imprisonment for a term not exceeding
twelve months.
(2) A person who, when required to give information to a police officer
in the exercise of his powers or the performance of his duties under this Act,
knowingly gives false or misleading information to any such police officer,
commits an offence and is liable on summary conviction to a fine not exceeding
two thousand dollars or to imprisonment for a period not exceeding two years.
(3) Nothing in this section shall be construed as requiring any person to
give any information which may incriminate him.
PART VI
Repeals, Savings, Transition
Repeals.
CAP. 213,
R.E. 1980-1990.
CAP. 209,R.E. 1980-1990.82.-(1) The United Kingdom Trade Marks Act, and the Merchandise Marks Act
shall stand repealed at the commencement of this Act.
(2) Notwithstanding the repeal of the above Acts, all Orders, Rules,
Regulations or any other subsidiary legislation made under the repealed Acts
shall continue in force in so far as they have effect as part of the law of Belize
until revoked by subsidiary legislation made under this Act.
Transitional.CAP. 213,
R.E. 1980-1990.
Sub. Leg.
1991 Edn.
Vol. V
CAP. 213.p. 283.-(1) Notwithstanding the repeal of the Acts referred to in section 82 (1) above,
all trade marks registered in Belize pursuant to the United Kingdom Trade Marks
Act and any Rules made thereunder shall, subject to subsections (2) and (3)
below, be deemed to have been registered under this Act.
(2) Trade marks registered pursuant to subsection (1) above shall remain
in force for the unexpired portion of the period of protection provided under this
Act subject to the payment of the prescribed  fees or renewal fees provided in this
Act.
(3) A person who on the date of the entry into force of this Act has filed
an application in the United Kingdom for the registration of a trade mark may,
within 12 months of the entry into force of  this Act, file an application for the
registration of the same trade mark under this Act, and such application shall be
accorded the filing date or priority date accorded to the application by the United
Kingdom Patents Office.
CAP. 213,
R.E. 1980-1990.
Sub. Leg.
1991 Edn.
Vol. V
CAP. 213. p. 2.CAP. 213.
CAP. 213,
R.E. 1980-1990.(4) Where, upon the entry into force of this Act, an application made
under the United Kingdom Trade Marks Act and Rules made thereunder is
pending in Belize, such application shall, notwithstanding the provisions of
subsection (1) above, be dealt with under the said United Kingdom Trade Marks
Act and Rules made thereunder, but the grant of registration shall be subject to
this Act.
(5) Notwithstanding subsection (1) above, the United Kingdom Trade
Marks Act shall continue to apply in so far as it is necessary to enable any person
applying for the registration of a United Kingdom registered trade mark in BelizeIP/N/1/BLZ/T/2
Page 48
before this Act comes into force to do so, but any trade mark thus registered shall
be deemed to have been registered under this Act.
CAP. 209,
R.E. 1980-1990.(6) On the commencement of this Act, all notices of the ownership by
any person of a trade mark which were previously made under the MerchandiseMarks Act shall cease to have effect in Belize, and such trade marks shall be
registered in accordance with this Act.
(7) The Minister may by Order published in the Gazette make any further
transitional or saving provisions which appear to him to be necessary or
desirable.
Commencement. 84.-(1) This Act shall come into force on a day to be appointed by the Minister by
Order published in the Gazette.
(2) Different days may be appointed for bringing different provisions into
force, or for bringing different purposes of the same provision into force.
________________IP/N/1/BLZ/T/2
Page 49
FIRST SCHEDULE
[Sections 2 (1) and 57]
Collective Marks
General
1. The provisions of this Act apply to collective marks subject to the
following provisions.
Signs of which a collective mark may consist
2. In relation to a collective mark, the reference in section 2 (1) (signs of
which a trade mark may consist) to distinguishing goods or services of oneundertaking from those of other undertakings shall be construed as reference to
distinguishing goods or services of members of the association which is the
proprietor of the mark from those of other undertakings.
Indication of geographical origin
3.(1) Notwithstanding section 35 (1) (c), a collective mark may be registered
which consists of signs or indications which may serve, in trade, to designate the
geographical origin of the goods or services.
   (2) However, the proprietor of such a mark is not entitled to prohibit the use
of the signs or indications in accordance with honest practices in industrial or
commercial matters (in particular, by a person who is entitled to use a
geographical name).
Mark not to be misleading as to character or significance
4.(1) A collective mark shall not be registered if the public is liable to be
misled as regards the character or significance of the mark, in particular, if it is
likely to be taken to be something other than a collective mark.
   (2) The Registrar may accordingly require that a mark in respect of which
application is made for registration include some indication that it is a collective
mark, and notwithstanding section 17 (3), an application may be amended so as
to comply with any such requirement.
Regulations governing use of collective mark
5.(1) An applicant for registration of a collective mark shall file with the
Registrar regulations governing the use of the mark.
   (2) The regulations shall specify the persons authorised to use the mark, the
conditions of membership of the association and, where they exist, the conditions
of use of the mark, including any sanctions against misuse.
   (3) Further requirements with which the regulations have to comply may be
imposed by Rules.IP/N/1/BLZ/T/2
Page 50
Approval of regulations by Registrar
6.(1) A collective mark shall not be registered unless the regulations governing
the use of the mark:-
(a) comply with paragraph 5 (2) and any further requirements
imposed by Rules; and
(b) are not contrary to public policy or to accepted principles of
morality.
   (2) Before the end of the prescribed period after the date of the application
for registration of a collective mark, the applicant shall file the regulations with
the Registrar and pay the prescribed fee and if he does not do so, the application
shall be deemed to be withdrawn.
   (3) The Registrar shall consider whether the requirements mentioned in
subparagraph (1) are met.
   (4) If it appears to the Registrar that those requirements are not met, he shall
inform the applicant and give him an opportunity, within such period as theRegistrar may specify, to make representations or to file amended regulations.
   (5) If the applicant fails to satisfy the Registrar that those requirements are
met, or to file regulations amended so as to meet them, or fails to respond before
the end of the specified period, the Registrar shall refuse the application.
   (6) If it appears to the Registrar that those requirements, and other
requirements for registration, are met, he shall accept the application and shall
proceed in accordance with section 16 (publication, oppositioin proceedings and
observations).
   (7) The regulations shall be published and notice of opposition may be
given, and observations may be made, relating to the matters mentioned in this
paragraph.
Regulations to be open to inspection
7. The regulations governing the use of a registered collective mark shall be
open to public inspection in the same way as the register.
Amendment of regulations
8.(1) An amendment of the regulations governing the use of a registered
collective mark is not effective unless and until the amended regulations are filed
with the Registrar and accepted by him.
   (2) Before accepting any amendment regulations the Registrar may in any
case where it appears to him expedient to do so cause them to be published.
   (3) If he does so, notice of opposition may be given, and observations may
be made, relating to the matters mentioned in paragraph 6(1).IP/N/1/BLZ/T/2
Page 51
Infringement: rights of authorised users
9. The following provisions apply in relation to an authorised user of a
registered collective mark as in relation to a licence of a trade mark:-
(a) section 25 (5) (definition of infringement: unauthorised
application of mark to certain material);
(b) section 54 (2) (order as to disposal of infringing goods, material
or articles: adequacy of other remedies);
(c) section 74 (prohibition of importation of infringing goods,
material or articles: request to the Comptroller of Customs).
10.(1) The following provisions (which correspond to the provisions of section
43 (general provisions as to the rights of licensees in cases of infringement)) haveeffect as regards the right of an authorised user in relation to infringement of a
registered collective mark.
   (2) An authorised user is entitled, subject to any agreement to the contrary
between him and the proprietor, to call on the proprietor to take infringementproceedings in respect of any matter which affects his interests.
   (3) If the proprietor:-
(a) refuses to do so; or
(b)  fails to do so within two months after being called upon,
the authorised user may bring the proceedings in his own name as if he were
the proprietor.
   (4) Where the infringement proceedings are brought by virtue of this
paragraph, the authorised user may not, without the leave of the Court, proceed
with the action unless the proprietor is either joined as a plaintiff or added as a
defendant but this does not affect the granting of interlocutory relief on an
application by an authorised user alone.
   (5) A proprietor who is added as a defendant as mentioned in
subparagraph (4) shall not be made liable for any costs in the action unless he
takes part in the proceedings.
   (6) In infringement proceedings brought by the proprietor of a registered
collective mark, any loss suffered or likely to be suffered by authorised users
shall be taken into account; and the Court may give such directions as it thinks fit
as to the extent to which the plaintiff is to hold the proceeds of any pecuniary
remedy on behalf of such users.
Grounds for revocation of registration
11. Apart from the grounds of revocation provided for in section 46, the
registration of a collective mark may be revoked on the ground:-IP/N/1/BLZ/T/2
Page 52
(a) that the manner in which the mark has been used by the
proprietor has caused it to become liable to mislead the public in
the manner referred to in paragraph 4 (1); or
(b) that the proprietor has failed to observe, or to secure the
observance of, the regulations governing the use of the mark; or
(c) that an amendment of the regulations has been made so that the
regulations:-
(i) no longer comply with paragraph 5 (2) and any further
conditions imposed by Rules; or
(ii) are contrary to public policy or to accepted principles of
morality.
Grounds for invalidity of registration
12. Apart from the grounds of invalidity provided for in section 47, the
registration of a collective mark may be declared invalid on the ground that the
mark was registered in breach of the provisions of paragraph 4 (1) or 6 (1).
________________IP/N/1/BLZ/T/2
Page 53
SECOND SCHEDULE
[Sections 2 (1) and 58]
Certification Marks
General
1. The provisions of this Act apply to certification marks subject to the
following provisions.
Signs of which a certification mark may consist
2. In relation to a certification mark, the reference in section 2 (1) (signs of
which a trade mark may consist) to distinguishing goods or services of oneundertaking from thoseof other undertakings shall be construed as a reference to
distinguishing goods or services which are certified from those which are not.
Indication of geographical origin
3.(1) Notwithstanding section 34 (1) (c), a certification mark may be registered
which consists of signs or indications which may serve, in trade, to designate the
geographical origin of the goods or services.
   (2) However, the proprietor of such a mark is not entitled to prohibit the use
of the signs or indications in accordance with honest practices in industrial or
commercial matters (in particular, by a person who is entitled to use a
geographical name).
Nature of proprietor’s business
4. A certification mark shall not be registered if the proprietor carries on a
business involving the supply of goods or services of the kind certified.
Mark not to be misleading as to character or significance
5.(1) A certification mark shall not be registered if the public is liable to be
misled as regards the character or significance of the mark, in particular if it is
likely to be taken to be something other than a certification mark.
   (2) The Registrar may accordingly require that a mark in respect of which
application is made for registration include some indication that it is acertification mark and notwithstanding section 17 (3) an application may be
amended so as to comply with any such requirement.
Regulations governing use of certification mark
6.(1) An applicant for registration of a certification mark shall file with the
Registrar regulations governing the use of the mark.
   (2) The regulations shall indicate who is authorised to use the mark, the
characteristics to be certified by the mark, how the certifying body is to test thoseIP/N/1/BLZ/T/2
Page 54
characteristics and to supervise the use of the mark, the fees (if any) to be paid in
connection with the operation of the mark and the procedures for resolving
disputes.
   (3) Further requirements with which the regulations have to comply may be
imposed by Rules.
Approval of regulations by Registrar
7.(1) A certification mark shall not be registered unless:-
(a) the regulations governing the use of the mark:-
(i) comply with paragraph 6 (2) and any further
requirements imposed by Rules; and
(ii) are not contrary to public policy or to accepted principles
of morality; and
(b) the applicant is competent to certify the goods or services for
which the mark is to be registered.
   (2) Before the end of the prescribed period after the date of the application
for registration of a certification mark, the applicant must file the regulations with
the Registrar and pay the prescribed fee, and if he does not do so, the application
shall be deemed to be withdrawn.
   (3) The Registrar shall consider whether the requirements mentioned in
subparagraph (1) are met.
   (4) If it appears to the Registrar that those requirements are not met, he shall
inform the applicant and give him an opportunity, within such period astheRegistrar may specify, to make representations or to file amended regulations.
   (5) If the applicant fails to satisfy the Registrar that those requirements are
met, or to file regulations amended so as to meet them, or fails to respond before
the end of the specified period, the Registrar shall refuse the application.
   (6) If it appears to the Registrar that those requirements, and other
requirements for registration, are met, he shall accept the application and shall
proceed in accordance with section 16 (publication, opposition proceedings and
observations).
   (7) The regulations shall be published and notice of opposition may be
given, and observations may be made, relating to the matters mentioned in this
paragraph, in addition to any other grounds on which the application may be
opposed or observations made.
Regulations to be open to inspection
8. The regulations governing the use of a registered certification mark shall
be open to public inspection in the same way as the register.IP/N/1/BLZ/T/2
Page 55
Amendment of regulations
9.(1) An amendment of the regulations governing the use of a registered
certification mark is not effective unless and until the amended regulations are
filed with the Registrar and accepted by him.
   (2) Before accepting any amendment regulations the Registrar may in any
case where it appears to him expedient to do so cause them to be published.
   (3) If he does so, notice of opposition may be given, and observations may
be made, relating to the matters mentioned in paragraph 7 (1).
Consent to assignment of registered certification mark
10. The assignment or other transmission of a registered certification mark is
not effective without the consent of the Registrar.
Infringement: rights of authorised users
11. The following provisions apply in relation to an authorised user of a
registered certification mark as in relation to a licence of a trade mark:-
(a) section 25 (5) (definition of infringement: unauthorised
application of mark to certain material);
(b) section 54 (2) (order as to disposal of infringing goods, material
or articles: adequacy of other remedies);
(c) section 74 (prohibition of importation of infringing goods,
material or articles: request to the Comptroller of Customs).
12. In infringement proceedings brought by the proprietor of a registered
certification mark any loss suffered or like to be be suffered by authorised users
shall be taken into account; and the Court may give such directions as it thinks fit
as to the extent to which the plaintiff is to hold the proceeds of any pecuniary
remedy on behalf of such users.
Grounds for revocation of registration
13. Apart from the grounds of revocation provided for in section 46, the
registration of a certification mark may be revoked on the ground:-
(a) that the proprietor has begun to carry on such a business as is
mentioned in paragraph 4;
(b) that the manner in which the mark has been used by the
proprietor has caused it to become liable to mislead the public in
the manner referred to in paragraph 5 (1);
(c) that the proprietor failed to observe, or to secure the observance
of, the regulations governing the use of the mark;IP/N/1/BLZ/T/2
Page 56
d) that an amendment of the regulations has been made so that the
regulations:-
(i) no longer comply with paragraph 6 (2) and any further
conditions imposed by rules; or
(ii) are contrary to public policy or to accepted principles of
morality; or
(e) that the proprietor is no longer competent to certify the goods or
services for which the mark is registered.
Grounds for invalidity of registration
14. Apart from the grounds of invalidity provided for in section 47, the
registration of a certification mark may be declared invalid on the ground that the
mark was registered in breach of the provisions of paragraph 4, 5 (1) or 6 (3).
__________