WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/l/BLZ/T/l 
13 June 2000 
(00-2345) 
Original: English/ 
anglaisl 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BELIZE 
The present document reproduces the textl of the Trade Marks Bill, 2000, as notified by 
Belize under Article 63.2 of the Agreement (see document IPINIl/BLZ/l). 
Conseil des aspects des droits de propriété 
intellectuelle 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 textel du projet de loi sur les marques de fabrique ou de 
commerce, de 2000, notifié par le Belize au titre de l'article 63:2 de l'Accord (voir le document 
IPINIl/BLZIl ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
BELICE 
En el presente documento se reproduce el textol de la Ley de Marcas de Fabrica 0 de 
Comercio, 2000, que Belice ha notificado en virtud deI parrafo 2 deI articulo 63 deI Acuerdo (véase el 
documento IPINIl/BLZIl). 
1 ln English only./En anglais seulement./En inglés solamente. IP/N/l/BLZ/T/l 
Page 2 
BELIZE: 
TRADE MARKS BILL, 2000 
ARRANGEMENT OF CLAUSES 
PART 1 
PRELIMINARY 
1. Short title 
2. Interpretation 
PART JI 
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 Il. The Journal 
PART III 
REGISTERED TRADE MARKS 
Application for registration 
12. Application for registration 
13. Date of filing 
14. Classification of trade marks 
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 IP/N/IIBLZ/TIl 
Page 3 
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 IP/N/lIBLZ/T/l 
Page 4 
Effècts of registered trade mark 
24. Rights conferred by reglstered trade mark 
25. Infringement of registered trade marks 
26. Limits of eITect of registered trade mark 
27. Exhaustion of rights conferred by registered trade mark 
28. Registration subject to disclaimer 
Registered trade mark as obiect 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 oftrade mark as an object ofproperty 
Grounds for refusai of registration 
35. Absolute grounds for refusaI of registration 
36. Specially protected emblems 
37. Relative grounds for refusal of registration 
38. Meaning of "earlier trade mark" 
39. Raising of relative grounds in case ofhonest concurrent use IP/N/l/BLZ/T/1 
Page 5 
40. Power to require that relative grounds be raised 10 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 li censee having rights and remedies of as signee 
Surrender, revocntion and invalidity 
45. Surrender of registered trade mark 
46. Revocation of registration 
47. Grounds for invalidity of registration 
48. Effect of acquiescence or eariier 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 disposaI of infringing goods, matcrial or articles 
55. Remedy for groundless threats of infringement proceedings IP/N/l/BLZ/T/1 
Page 6 
Priority 
56. Claim to priority of Convention application 
Collective marks 
57. Collective marks 
Certification marks 
58. Certification marks 
PART IV 
INTERNATIONAL MATTERS -THE PARIS CONVENTION 
AND OTHER 
INTERNATIONAL ARRANGEMENTS 
59. Application oftreaties 
60. The Paris Convention 
61. Protection ofwell-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. ludicial notice of certain treaties PART V 
LEGA L AND GENERAL 
Legal proceedings 
67. Registration to be prima fa cie evidence ofvalidity 
68. Certificate of validity of contested registration 
69. Registrar' s appearance in proceedings involving the register 
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 infringiilg goods 
Offences 
75. Unauthorised use oftrade 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 IPINIlIBLZ/TIl 
Page 7 IPIN/l/BLZ/T/l 
Page 8 
PART VI 
REPEALS, SA VINGS, TRANSITION 
82. Repeals 
83. Transitional 
84. Commencement 
First Schedule 
Second Schedule BELIZE: 
BILL 
for 
AN ACT to make new and better provisions for the 
protection and registration of trade marks; to give 
effect to certain provisions of the Paris Convention 
for the Protection of lndustrial Property of March 
20, 1883, as revised and amended; to repeal the 
United Kingdom Trade Marks Act, Chapter 213 of 
the Laws of Belize, Revised Edition 1980-90; to 
repeal the Merchandise Marks Act, Chapter 209 of 
the Laws of Belize, Revised Edition 1980-90; and 
to provide for matters connected therewith or 
incidental thereto. 
(Gazetted 181h Mareh, 2000.) 
PART 1 
PRELIMINARY 
1. This Act may be cited as the 
TRADE MARKS ACT, 2000 IP/NIl/BLZ/T/l 
Page 9 
Short tiUe. IP/N/lIBLZ/TIl 
Page 10 
Interpreta~ion. 
Second 
Schedule. 
Flrst Schedllie. 2. (1) In this Act, unless the context otherwiserequires:_ 
"business" includes a trade or profession; 
"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 n'larks subject ta the 
provisions of the Second Schedule; 
"collective mark" means a mark distinguishing the goods or 
services ofmembers of the association which is the proprietor 
from those ofotherundertakings, and the provisions ofthis 
Act apply to coliective marks subject to the provisions of 
the First Schedule; 
"Court" means the Supreme Court; 
"Director" in relation to a body corporate who se affairs are 
managed by its members, means any member of the body; 
"infringement proceedings" in relation ta a registered trade 
mark, include proceedings for an order for delivering up of 
infringing goods;. 
"Journal" means the Journal ofIntellectual Property referred 
to in section Il of this Act; 
"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 
CAPA. Constitution; 
"Paris Convention" means the Paris Convention for the 
Protection ofIndustrial Property ofMarch 20, 1883, as last 
revised; "priority date" means the date of the eé?_rlier application that 
serves as the basis for the right ofpriority provided for in the 
Paris Convention; 
"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) ofthis Act; 
and 
(h) in relation ta registration, are ta publication 
under section 18 of this Act; 
"Register" means the Register of Trade Marks referred to 
in this Act; 
"Registrar" means the Registrar of Intellectual Property 
appointed under section 4 of the Patents Act, ) 999; 
"trade" includes any business or profession; 
"trade mark" means any sign capablè ùf 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 ofwords (including persona! 
names), designs, letters, numerals or the shape ofgoods or 
their packaging. 
(2) References in this Act to a trade mark include, 
unless the context otherwise requires, references ta a 
collective mark or a certification mark. IP/NIl/BLZ/T/l 
Page Il IP/N/lIBLZ/T/1 
Page 12 
The Rl'gistrar. PARTH 
ADMINISTRATIVE AND OTHER PROVISIONS 
The Registrar and the register 
3. (1) The Registrar ofIntellectllal Property appointed 
Gy the Minister pllrsllant 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. 
(2) The provisions of section 4(2) to (5) of the 
Patents Act, 1999, shall apply to this Act. 
(3) References in this Act to "the Register" are to the 
register; and references to registration (in part:cular, in the 
expression "registered trade mark") are, unless the context 
otherwise requires, ta 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; 
(h) 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. 
(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 ofthe register lIpon payment 
of the prescribed fee; (h) the supply of certified or uncertified copies, or 
extracts, of entries in the register. 
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. 
s. (1) After publication ofan 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 
documents relating 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, if any. 
(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 
(h) with the consent of the applicant, 
but subject to the provisions of subsection (4) below. IP/N/lIBLZ/TIl 
Page 13 
Powers and 
dulies orthe 
Registrar. 
lnfonnation 
about 
applirations 
and registHed 
(rade marks. IP/NIl/BLZ/T/1 
Page 14 
Rectification or 
correction of 
the I·cgister. 
Adaptation or 
t'ntries to ncw 
classification. (4) Where a person has been notified that an 
application for registration of 2. 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) ab ove, notwithstanding that 
the application has not been published, and that subsection 
shall apply accordingly. 
6. (1) Any person having a sufficient interest rnay apply 
fcr the rectification or correction ofan error or omission in 
the register: 
Provided that an applicél.tion shall not be made under this 
section in respect of a matter affecting the validity of the 
registration of a tradc mark. 
(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 th!s 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, rem ove from the register any matter which appears 
to him to have ceased to have effect. 
7. (1) TheMinister may make Regulations empowering 
the Registrar to do su ch things as the Registrar considers 
necessary to implement (J.ny arnended 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 su ch power of amendment as is referred to 
in this section shaH 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 proposaI for amendment ofthe register; 
and 
(h) 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 proposaI 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, 
8. (1) The Minister may make Rulesempowering the 
Registrar, in any proceedings before him under this Act:-IP/NIl/BLZ/T/l 
Page 15 
Power of 
Registrar to 
awar·d costs 
and require 
(a) to award any party such costs as he may security. 
consider reasonable; and 
(c) 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/l/BLZ/TIl 
Page 16 
Exdusloll of 
liahility in 
respect or 
oflkialIH"s. 
Regbtmr's 
1l11IlUall·cpoI'I. (3) Provision may be made by the Rules empowering 
the Registrar, in appropriate cases, to require a party to 
proceedings before h!m to give security for costs, in relation 
to those proceedings on appeal, and as to the consequences 
if such security is not given. 
(4) Ru)es may make provisions as to the giving of 
evidence before the Registrar by affidavit or statutory 
declaration. 
9. ()) The R,egistrar shall not be taken to warrant the 
validity of the registration ofa trade mark under this Act or 
LInder any trcaty, 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 examinatiotl required 
or aut horised under this Act, or any such trcaty, convention, 
arrangelllent or engagement, or any repor~ or other 
procecdings consequent on such examination. 
(3) No proceedillgs lie against any member ofstaff 
of the Office of lntellectual Property in respect of any 
matter for which, by virtuc of this section, the RegistraI' is 
TlO( liable. 
10. (1) The Registrar shall in the month ofDecember in 
cacl! year, make a report to the r-.1inister about the operations 
orthe Office ofIntellectual Property in respect ofthis Act, 
anC sha!l include in such report the discharge ofhis functions 
under the Paris Convention and any other international 
arrangement concerning trade marks to which Belize is 
pélrty 
(2) The report referred to LInder subsection (1) 
above shall incillde an account of ail monies received and 
paid by the Office ofIntellectllal Property pursuant to this 
Act. IP/N/I/BLZ/T/1 
Page 17 
11. (1) The Registrar shaH publish in the Journal of The Journal. 
Intellectual Property a notice ofthe registration ofanytrade 
mark. 
(2) The Journal shaH 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 TRA DE MARKS 
Application for .·cgistration 
12. (1) An application for the registration of a trade 
mark shaH be made ta the Registrar. 
(2) The application shall contain:-
(a) a request for registration of a trade mark; 
(h) 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 the trademark is 
being used, by theapplicant or with his consent, in relation 
to those goods or services, or that he has a hona fuIe 
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. Applkation for 
registration. IP/N/I/BLZ/T/1 
Page 18 
Date of filing. 
Classification 
of trade marks. 13. (1) The date fi/ing 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. 
14. (1) Goods and services shall be classifjed for the 
purposes of the registration of trade marks according to a 
prescribed system of classification. 
(2) Any questior: arising as to the class within which 
any goods or services :tàll shall be determined by the 
Registrar, whose decision shaH be final. 
Registration procedure 
EX9mlnatIùn of 15. (1) The Registrar shalJ examine wh ether an 
application. application for registration of a trade satisfies the 
requirements ofthis Act (inc1uding any requirements imposed 
by RlIles). 
(2) For that plirpose he shaH carry out a search, to 
such extent as he considers necessary, of earlier trade 
marks. 
(3) Ifit appears to the Registrar that the requirements 
for registration are not met, he shaH inform the applicant 
and give him an opportunity, within such period as the 
Registrar may specify, to make ~epresentations or to amend 
the application. 
(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 shaH refuse to accept the 
application. (5) If it appears to theRegistrar that the requirements 
for registration are met, he shaH accept the application. 
16. (1) When an application for registration has been 
accepted, the Registrar shaH cause the application to be 
published in the register and the Journal, and in any other 
prescribed manner. 
(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 ofany su ch observations. 
(5) A person who makes observations does not thereby 
become a party to the proceedings on the application. 
17. (1) The applicant may at any time withdraw his 
application or restrict the goods or services covered by the 
application. 
(2) If the application has been published, the 
withdrawaI or restriction shall also be published. 
(3) In otherrespects, an application maybe amended, 
at the request of the applicant, only by correcting:-
(a) the name or address of the applicant; 
(h) errors ofwording or of copying; or IPINI1IBLZ/TII 
Page 19 
Publication, 
opposition 
proceedlngs 
and 
, observations. 
Withdrawal, 
restriction or 
anlendment of 
application. IPINI 1 IBLZ/TI 1 
Page 20 
Registration. 
Reglstratlon; 
supplementary 
provisions. (c) obvious mistakes, 
and then only where the correction does not substantially 
affect the identity ofthè 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, Of the goods or services 
covered by the application, and for the making of objections 
by any person claiming to be affected by it. 
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 
(h) all opposition proceedings are withdrawn or 
decided in favour of the applicant, 
the Registrar shaH register the trade mark, ùnless it appears 
ta him having regard ta 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 registrationis paid within the prescribed 
period and if the fee is not paid within that period, the 
application shall be deemed to be withdrawn. 
(3) A trade mark when registered shaH be registered 
as of the date offiling of the application for registration; and 
that date shaH be deemed for the purposes ofthis Act to be 
the date of registration. 
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 oftrade marks. 
Duration, renewal and aIteration of registered 
trademark 
20. (1) A trade mark sha1l 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. 
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 the date of expiry and the 
manner in which the registration may be renewed. 
(3) Arequest for renewal shall be made, and the renewal 
fee paid, before the expiry of the registration and faiIing this, 
the request maybe made and the fee paid within such further 
period (of not less than six months) as may be prescribed, in 
which case an additional renewal fee shall aIso be paid 
within that period. 
(4) Renewal shall take effect from the expiry of the 
previous registration. IP/N/lIBLZ/TIl 
Page 21 
Duration of 
rcgistration. 
Rcncwal of 
rcgistration. IP/N/l/BLZ/T/1 
Page 22 
Alteration of 
rcgistcred 
trade mark. 
Registered 
trade mark. (5) rfthe registration is not renewed in accordance 
with the above provisions, the Registrar sha1l remove the 
trade mark from the register: 
Provided that provisions may be made by the Rules for 
the restoration of the registration ofa trade mark which has 
been removed from the register, subject to su ch 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. 
22. (1) A registered trade mark shall not be.aItered 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. 
(3) Provision shall be made by Rules for the 
publication of any such alteration and the making of 
. objections by any person c1aiming to be affected by it. 
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 
24. (1) Subject to the provisions of this Act, the 
proprietor ofa registered trade mark has exclusive rights in 
the trade mark which are infringed by use of the trade 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 are to any such 
infringement of the rights of the proprietor. 
(3) The rights of the proprietor have effect from the 
date ofregistration (which in accordance with section 18 
(3) is the date offiling 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 
(h) 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. 
25. (1) A person infringes a registered trade mark ifhe 
uses in the course of trade a sign marks which is identlcal 
with the trade mark in relation to goods or services 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 IP/NIl/BLZ/T/l 
Page 23 
Rights 
conferred by 
regIstered 
trade mark. 
Infringement 
of registered 
trade. IP/N/l/BLZ/T/1 
Page 24 
(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, 
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 ifhe 
uses in the course of a trade a sign which:-
(a) is identical with or similar to the trade mark; 
and 
(h) is used in relation ta 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 ta, the distinctive character or the 
repu te of the trade mark. 
(4) For the purpose of this section a persan uses a 
sign if, in particular, he:-
(a) affixes it ta goods or the packaging thereof; 
(h) offers or exposes goods for sale, put them on 
the market or stock them for thosc purposcs 
under the sign, or offers or supplies services 
under the .;ign; 
(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 wh en he applies the 
mark he knew or had teason to believe that the application 
of the trade mark was not duly authorised by the propI'ietor 
or a licensee. 
(6) Nothing in the prece.ding provisions of this 
section shaH be construed as preventing the use ofa registered 
trade mark by any person for the purpose of identifying 
goods or services as those of the proprietor or a li censee, 
but any such use otherwise than in accordance with honest 
practices in industrial or commercial matters shall be treated 
as infringing the registered trade mark ifthe use without due 
cause takes unfair advantage of, or is detrimental to, the 
distinctive character or repute of the 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 ofhis own name or address; 
(h) the use of indications concerning the kind, 
quality, quantity, intendedpurpose, value, 
geographical origin, the time of 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), IP/N/1/BLZ/T/1 
Page 25 
L1mltll on effect 
of reglster"W 
trade mark. IPIN/l/BLZ/T/l 
Page 26 
Exhaustion of 
rights 
conferred by 
reglstered 
trade mark. 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 oftrade in a particular locality ofan earIier 
right which applies only in that locality, and for this purpose 
an "earlier right" means an unregistered trade mark or other 
sign continuously 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 
(h) 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 ln that locality is protected 
by virtue ofany rule oflaw (in particular, the law ofpassing 
oft). 
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). 28. (1) An applicant for registration ofa trade mark, or 
the proprietor of a registered trade mark, may:-
(a) discJaim any right to the exclusive use of any 
specified element of the trade mark; or 
(h) agree that the rights conferred by the 
registration shall be subject to a specified 
territorial or other limitation; 
and \vhere the registration of a trade mark is subject to a 
disc!aimer or limitation, the rights conferred by section 24 
(rights conferred by registered trade mark) are restricted 
according!y. 
(2) Provision shall be made by Rules as to the 
publication and entry in the register of a disclaimer or 
limitation. 
Begistcrcd tl'ade mark as object of propertv 
29. A registered trade mark is pc 'sonal property. 
30. (1) Where a registered trade mark is granted to l\vo 
or more persons joint!y, each ofthem is entitled, subject to 
any agreement to the contrary, to J, t lual 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 the 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 
accountto the ctherorothers, any act which would other...vise 
amollnt to an infringement of the registered trade mark. IP/N/I/BLZ/TII 
Page 27 
Registratloll 
suhject tn 
disrlaimcr. 
;\,i!lIre of 
rl'~ish·I·(·tI 
t r;:de lIIark 
('O-O\\'lIcl' shil' 
of n'gistt.'l'l'tI 
I .. atlc Illark IP/N/1/BLZ/T/l 
Page 28 
Assignlllcnt, 
etc.; of 
registen'lI 
trade lIla.-!<. (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) 1 nfringement 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 shaH 
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 ofinterlocutory reliefonthe 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. 
31. (1) A registered trade mark is transmissible by 
assignment, testamentary disposition or operation oflaw in 
the same way as other personal or moveable propcrty and it 
is so transmissible either in connection with the goodwill of 
a business or independently. 
(2) An assignment or other transmission of a 
registered trade mark may be partial, that is, limited 50 as ta 
apply -
(a) in relation ta some but not ail of the goods or 
services for which the trade mark is registered; 
or 
(b) in relation to use of the trademark in a particuJar 
locality. (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 
personal representative is a body corporate by the affixing 
of its seaI. . 
(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 unregisterecl 
trade mark as part of the goodwill of a business. 
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 tracle mark by virtue of 
a registrable transaction; or 
(b) any other person claiming to be affectecl 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 ofa registered tracle mark or any 
right in it; 
(b) the grant of a licence under a registered trade 
mark; IP/N/l/BLZ/TII 
Page 29 
Rq~istl'ation or 
transactions 
affcrting 
registcl'ct! 
tn"I,' mal'k IPINIl/BLZ/T/l 
Page 30 
(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 orderofa court or othercompetent authority 
transferring a regist'ered trade mark or any 
right in or under it. 
(3) Until an application has been made for registration 
of the prescribed particulars of a registrabJe transaction:-
(a) the transaction is ineffective as against a person 
acquiring a conflicting intcrest in or under the 
registered trade mark in ignorance of it; and 
(h) 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 oflicensee 
in relation to infringement). 
(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 ofthe prescribed 
parti cul ars 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 ofthat 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 ofregistered particulars relating 
to a licence so as to reflect any alteration of the 
terms of the licence; and 
(h) 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 
(U) where no such period is indicated and, 
after such period as may be prescribed, 
the Registrar has notified the parties of 
his intention to rem ove 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 the application of, or with 
the consent of, the person entitled to the benefit of that 
interest. 
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 ofthis Act, equities in 
respect of a registered trade mark may be enforced in like 
manner as in respect of other personal or moveable property. IP/NIl/BLZ/TIl 
Page 31 
Trusts and 
equlties. IP/N/l/BLZ/TII 
Page 32 
AppUcation for 
registratlon of 
trade mark as 
an object of 
property. 
Absolute 
grow.ds for 
refusal of 
registration. 34. (1) The provisions ofsections 29 to 33 (which relate: 
to a registered trade mark as an object of property) apply 
with the necessary modifications, in relation to an applicatior 
for the registration of a trade mark as in relation to a 
registered trade mark. 
(2) In section 30 (co-ownership ofregistered trad(/' 
mark) as it applies in relation to an application for registration, 
the reference in subsection (l) to the granting of the 
registration shall be construed as a reference to the making 
of the application. 
(3) In section 32 (registration oftransactions affecting 
registered trade marks) as it applies in relation to a transaction 
affecting an application for the registration ofa trade mark, 
the references to the entry of particulars in the register, and 
to the making of an application to register particulars, shall 
be construed as references to the giving of notice to the 
Registrar of those particulars. 
Grounds for refusai 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; 
(h) trade marks which are devoid ofany distinctive 
character; 
(c) trade marks which consist exclusively of sings 
or indications which may serve, in trade, to 
designate the kind, quality, quantity, intended 
purpose, value, geographical origin, the time 
ofproduction ofgoods or rendering ofservices, 
or other characteristics of goods or services; (d) trade mar.ks which consist exc1usively ofsigns 
or indications which have become customary 
in the current language or in the bonafide and 
established practices of the trade: 
Provided that, a trade mark shaH not be refused registration 
by virtue ofparagraph (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; 
(h) the shape ofgoods which is necessary to obtain 
a technical result; or 
(c) the shape which gives substantial value to the 
goods. 
(3) A trade mark shaH not be registered if it is:-
(a) contrary to public policy or to accepted 
principles of morality; or 
(h) 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 mIe oflaw. 
(5) A trade mark shall not be registered in the cases 
specified, or referred to, in section 36 (specially protected 
emblems). IPIN/IIBLZ/T/l 
Page 33 IP/N/l/BLZ/TIl 
Page 34 
Specially 
protectetl 
emblems. 
Relative 
grountls for 
refusaI of 
registration. (6) A trade mark shaH not be registered if or to the 
extent that the application for registration is made in bad 
faith. 
36. (1) A trade mark which consists of or contains:-
(a) the Belize f1ag, or any of the principal armorial 
bearings of the Belize f1ag, or any insignia or 
device so nearly resembling the Belize f1ag or 
any such armorial bearings as to be likely to be 
mistaken for them or Ît; 
(h) any insigni a used by the Bel ize Police 
Department, Belize Defence Force, Prison 
Department, Fire Department or any other 
Government Department, or any device 50 
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, 
shal1 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., o'f Convention countries) or section 63 
(emblems, etc., of certain international organisations), 
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 shaH not be registered ifbecause:-
(a) it is identical with an earlier trade mark and is 
to be registered for goods or services similarto 
those for which the earlier trade mark is 
protected; or 
(h) 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 the earlier trade 
mark is protected, 
there exists a likelihood of confusion on the part of the 
public, which includes the likelihood ofassociation 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 take unfair advantage of, or 
be detrimental to, the distinctive character or the repute of 
the earlier trade mark. 
(4) A trademark 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 oflaw (in particular, the 
law of passing oft) protecting an unregistered 
trade mark or other sign used in the course of 
trade; or IP/NIl/BLZ/T/l 
Page 35 IPIN/1/BLZ/T/l 
Page 36 
Meaning of 
"earlicr trade 
mark". (h) by virtue of an earlier right other than those 
referred to in subsections (l)to (3) orparagraph 
(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 
"earIier right" in relation to the trade mark. 
(6) Nothing in this section prevents the regis~ration of 
a trade mark where the proprietor of the earlier trade mark 
or other earlier right consents ta the registration. 
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 
(h) 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 
weil known trade mark. 
(2) References in this Act to an earIier trade mark 
include a trade mark in respect ofwhich an application for 
registration has been made and which if registered, would 
be an earlier trade mark by virtue ofsubsection (1 ) (a) or (h), 
subject to its being so registered. 
(3) A trade mark within subsection (l)(a) or (h) 
whose registration expires shall continue to be taken into 
account in determining the registrabi)ity ofà later mark for a period 'of one year after the expiry unJess the Registrar is 
satisfied that there was no honafide use of the mark during 
the two years immediately preceding the expiry. 
39. (1) This section applies where on an application for 
the registration ofa trade mark it appears to the Registrar:-IP/N/lIBLZ/T/l 
Page 37 
Raising of 
relative 
grOlmds ln case 
ofhonest 
(a) that there is an earlier trade mark in relation to concurrent use. 
which the conditions set out in section 37 (1), 
(2), or (3) obtain; or 
(h) that there is an earlier right in relation ta which 
the condition set out in section 37 (4) is satisfied, 
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 shaH not refuse the 
application by reason of the earlier trade mark or other 
earlier right unless objection on that ground is raised in 
opposition proceedings by the proprietor of that earlier 
trade mark or other earlier right. 
(3) For the purpose ofthis section "~onest 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 refusaI of registration on the grounds 
mentioned in section 35 (absolute grounds for 
refusaI), or 
(h) the making of an application for a dec1aration 
on invalidity under section 47(2) (application IP/NIl/BLZ/T/l 
Page 38 
.Power to 
requlre that 
relative 
grounds be 
ralsed ln 
opposition 
proceedlngs. 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. 
40. (1) The Minister may by Order provide that in any 
case a trade mark shaH not be refused registration on a 
ground mentioned in section 37 (relative grounds for refusaI) 
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 bythe Registrar 
of searches of earlier trade marks; and 
(h) 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 su ch provIsIons as are 
mentionep in subsection (2)(h) may provide that so much of 
section 47 (3) as provides that any person may make an 
application for a declaration of invalidity shalI have effect 
subject to the provisions of the Order. 
(5) An Order under this section may contain su ch 
transitional provisions as appear to the Minister to be 
appropriate. Licensing 
41. (1) A licence to use a registered trade mark may be 
generaI or Iimited but a limited licence may, in particular, 
apply:-
(a) in relation to sorne but not aIl of the goods or 
services for which the trade mark is registered; 
or 
(0) in relation ta 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 shaH 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. 
42. (1) In this Act an "exclusive licence" means a licences 
(whether general or limited) authorising the licensee to the 
exclusion ofaIl 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 
li censee" shall be construed accordingly. 
(2) An exclusive li censee has the same rights against 
a successor in title who is bound by the licence as he has 
against the person granting the licence. IP/N/l/BLZ/T/l 
Page 39 
Llcensing of 
reglstered 
tradc mark. 
E.xclusive 
Ucence. IP/N/lIBLZ/T/l 
Page 40 
General 
provisions ilS 
to rlghts of 
licensees ln 
case of 
lnfrlngenU'nt. 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 ofthis section do not apply where 
or to the extent that, by virtue of section 44 (1) below 
(exclusive licensee having rights and remedies ofassignee), 
the li censee 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 cali on 
the proprietor of the registered trade mark to take 
infringement proceedings in respect of any matter which 
affects his interests. 
(4) If the proprietor:-
(a) refuses to do so; or 
(h) fails to do so within two months after being 
called upon, 
the licensee may bring the proceedings in his own name as 
if he were the proprietor. 
(4) Where infringement proceedings are brought by 
a li censee by virtue of this section, the licensee 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 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 directions as it thinks fit as to 
the extent to which the plaintiff is to ho Id the proceeds of 
any pecuniary remedy on behalf of licensees. 
(7) The provisions ofthis 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. 
44. (1) An exclusive licence may provide that the licensee 
shall have, to su ch extent as may be provided by the licence, 
the same rights and remedies in respect ofmatters occurring 
after the grant of the licence as if the licence had been an 
assignment and, where or to the extent that su ch provision 
is made, the licensee is entitled, subject to the provisions of 
the licence and to the following provisions of this section, 
to bring infringement proceedings against any person other 
th an the proprietor, in his own name. 
(2) Any su ch 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) ln 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 li censee 
may not, without the leave of the Court, proceed with the IP/N/1/BLZ/TIl 
Page 41 
Exclusive 
Iiccnsce having 
rights and 
"('fIIcdirs of 
assiglwc. IP/NIl/BLZ/TIl 
Page 42 
action unless the other is either joined as a plaintiffor 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, 
(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 ofaction:-
(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 ofthem in respect of 
the infringement; 
(bj 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 
directcd apportion the profits between them as 
the Court considers just, subject to any 
agreement between them: 
. Provided that the provisions ofthis 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 as to the extent to which the party to the proceedings is to hold the 
proceeds of any pecuniary remedy on behalf of the other. 
(7) The proprietor if a registered trade mark shall 
notify any exclusive licensee who has a concurrent right of 
action before applying for an order under section 51 (order 
for deliveryup); and the Court may on the application of the 
licensee make such order under that section 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 
45. (1) A registered trade mark may be surrendcred by 
the proprietor in respect of sorne or aIl 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. 
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 regist.ration 
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, and there are no proper reasons for 
non-use; IP/N/lIBLZ/TIl 
Page 43 
SlIrrender of 
registered 
trade mark. 
Revocation of 
registration. IP/N/IIBLZ/TIl 
Page 44 
(h) 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 ofit 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 to 
the nature, quality or geographical origin of 
those goods or services. 
(2) For the purposes ofsubsection (1) "use ofa 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 
(h) above ifsuch 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 ofthree months before the making ofthe 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 
(h) if in any other case the application is made to 
the Registrar, he may at any stage of the 
proceedings refer the application to the Court. 
(5) Where grounds for revocation exist in respect of 
only sorne 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 ofa 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 
(h) if the Registrar or Court is satisfied that the 
grounds for revocation existed at an earlier 
date, that date. 
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 refusai of registration) 
but where the trade mark was registered in breach of 
subsection (1)(h), (c), or (d) ofthat section, it shall not be 
declared invalid if, in consequence of the use which has been 
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 ofa 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 IP/N/1/BLZ/TIl 
Page 45 
Grollnds for 
invalidity of 
registration. IPIN/l/BLZ/T/l 
Page 46 
Effect of 
acquiescence 
or earlier trade 
mark. (b) that there is an earlier right in relation to which 
the condition set out in section 37 (4) is satisfied, 
unless the proprietor ofthat earlier trade mark 
or other earlier right has consented to the 
registration. 
(3) An application for a declaration ofinvalidity 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 the Court. 
(4) In the case of bad faith in the registration of a 
trade mark, the Registrar himselfmay apply to the Court for 
a dec1aration 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 dec1ared invalid 
as regards those goods or services only. 
(6) Where the registration ofa trade mark is dec1ared 
invalid to any extent, the registration shaH to that extent be 
deemed never to have been made: 
Provided that this shall not affect transactions past and 
closed. 
48. (1) Where the proprietor ofan 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 ofthat use, there shall cease to be any entitlement 
.on the basis ofthat earlier trade mark or other right:-(a) to apply for a dec1aration that the registration 
of the later trade mark is invalid; or 
(h) 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 latenrade mark was applied 
for in bad faith. 
(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 IPIN/I/BLZ/T/I 
Page 47 
49. (1) An infringement of a registered trade mark is Action for 
actionable by the proprietor of the trade mark. infringcmcnt. 
(2) In an action for infringement ail such relief by 
way of damages, injunctions, accounts or otherwise is 
available to him as is available in respect of the infringement 
f any other property right. 
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 
(h) if it is not reasonably practicable for the 
offending sign to be erased, removed or Order of 
erasure etc., of 
offcllding sign. IPIN/lIBLZ/TIl 
Page 48 
Order for 
delivery ur of 
infringing 
goods, mat(':Ji~.~ 
or articles. 
Meaning of 
"Infringing, 
goods, matel"Ïal 
or articles". obliterated, to secure the destruction of the 
infringing goods, material or articles in 
question. 
(2) Ifan order under subsection (1) is not complied 
with, or it appears to the Court likely that such an order 
would r.ot be complied with, the Court may order that the 
infringing goods, material or articles be delivered ta· such 
person as the Court may direct for erasure, removal or . 
obliteration of the sign, or for destruction, as the case may 
be. 
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 otherperson as the Court may direct, ofany 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 no order 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 disposaI of infringing gooàs etc.,) 
(3) A person to whom any infringing goods, material 
or articles are delivered up in pursuance of an arder under 
this section shaH, if an order under section 54 is not made, 
retain them pending the making of such arder, or the 
deci"ion not to make an order under that section. 
(4) Nothing in this section affects any other power 
of the Court. 
52. (1) In this Act the expression "infringing goods", 
"infringing material" and "infringing articles" shaH 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 m.ark and:-
(a) the application of the sign to the goods or their 
packagingwas an infringement of the registered 
trade mark; or 
(h) 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 ifit 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 the 
registered trade mark; or 
(h) it is intended to be so used and such use would 
infringe the registered trade mark. 
(5) "Infringing articles", in relation 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 IPINIl/BLZ/TIl 
Page 49 IPIN/l/BLZ/T/l 
Page 50 
Perlod after 
whlch remedy 
for deUvery up 
not avallable. 
CAP. ]32. (b) which a person has inhis possession, custod) 
or control, knowing or having reason to believé 
that they have been or are to be used te 
produce infringing goods or materiaI. 
53. (1) An application for an order under section 51 
(order for delivery up of infringing goods, material 01 
articles) may not be made after the end of the period of 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; 
(h) in the case of infringing material, the date on 
which the trade mark. was applied to the 
material; or 
(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 ofthe 
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. 
(3) In subsection (2), "disability" has the same 
meaning as in section 28 of the Limitation Act. 54.(1) Where infringtng goods, material or articles have 
been delivered up in pursuance ofan 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 
(h) for a decision that no such order should be 
made. 
(2) In considering what order (if any) should be 
made, the Court shall consider wh ether other remedies 
available in an action for infringement of the registered 
trade mark would be adequate to compensate the proprietor 
and any li censee 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 sllch person is entitled:-
(a) ta appear in proceedings for an order under 
this section, whether or not he was served with 
notice; and 
(h) 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 ofan appeal may be given or, ifbefore 
the end ofthat period notice ofappeal is duly given, until the 
final determination or abandonment of the proceedings on 
the appeaI. 
(4) Whcre there is more than one person interested 
in the goods, material or articles, the Court shall make such 
order as it thinks just. 
(5) !fthe Court decides that no order should be made 
under this section, the person in whose possession, custody IPIN/lIBLZ/T/1 
Page 51 
Drder as to 
disposai of 
lnfringing 
goods, 
matcrials or 
articles. IPiN/] /BLZ/TII 
Page 52 
Renwùy for 
grounùless 
threats of 
infl'ingelllcnt 
pro("ecdill gs or control the goods, material or articles were before being 
delivered up is entitled to their retum. 
(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. 
55. (1) Where a person threatens at\other with 
proceedings for infringement of a registered !rade mark, 
other than:-
(a) the application of the mark to goods or their 
packaging; 
(h) the importation of goods to which, or to the 
packaging ofwhich, 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 reliefwhich may be applied for is any of the 
following:-
(a) a declaration that the threats are un justifiable; 
(h) an injunction against the continuance of the 
threats; 
(c) damages in respect ofany loss he has sustained 
by the threats; 
. and the plaintiffis entitled to such reliefunless the defendant 
shows that the acts in respect of which proceedings were 
threatened constitute (or if done wouldconstitute) an 
infringementof the registered trade mark concemed. (3) Ifthat is shown by the defendant, the plaintiffis 
nevertheless entitled to relief ifhe 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 
56. (I) 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 aIl of the same goods 
or services, for a period ofsix months from the date offiling 
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 ofestablishing 
which rights take precedence shall be the date 
of filing of the first Comention application; 
and 
(h) 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. IP/N/l/BLZ/T/l 
Page 53 
Claim 10 
priodtyof 
Convention 
application. IPINIlIBLZ/TI1 
Page 54 
(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 satne 
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 subsequent 
application:-
(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 
(h) 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. 
(5) Provis,ion 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 ofa Convention 
application may be assigned or otherwise transmitted, either 
with the application or independently and the reference in 
subsection (1) to the applicanfs successor in title shall be 
construed accordingly. 
Collective marks 
Collective marks 57. The provisions of this Act apply to collective 
Flrst Schedule. marks subject to the provisions of the First Schedule. Certification marks IP/N/IIBLZ/T/1 
Page 55 
58. The provisions of this Act apply to certification CertiftcaüonllUU'ks 
marks subject to the provisions of the Second Schedule. Second Schedule. 
PART IV 
INTERNATIONAL MATTERS -THE PARIS 
CONVENTION AND OTHER INTERNATIONAL 
ARRANGEMENTS 
59. The provisions of any international treaty in respect 
oftrade 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 ofthis Act, 
shall prevail over the latter. 
60. (1) The Paris Convention for the Protection of 
Industrial Pro pert y ofMarch 20th 1883, as revised or amended 
from time to time, the Regulations made thereunder, and the 
Administrative Instructions 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. 
61. (1) References in this Act to a trade mark which is 
entitled to protection under the Paris Convention as a weil 
known trade mark are to a mark which is well-known in 
Belize as being the mark of a person who:-Application of 
treaties. 
The Paris 
Convention. 
Protection of 
well-known trade 
mark: Article 6 
bis of Paris 
Convention. IPINIl/BLZ/T/l 
Page 56 
National 
emblems, etc., 
of Convention 
eountrles: 
Article 6tcr of 
Paris 
Convention. (a) is a national of a Convention country; or 
(h) 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 su ch 
a mark shall be construed accordingly. 
(2) The proprietor of a trade mark which is entitled 
to protection under the Paris Convention as a weil known 
trade mark is entitled to restrain by injunction the use in 
Belize ofa trade mark which, or the essential part ofwhich, 
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 hona fide use of a trade mark begun before the 
commencement of this section. 
62. (1) A trade mark which consists of or contains the 
flag ofa Convention country shall not be registered without 
the authorisation of the competent authorities ofthat country, 
unless it appears to the Registrar that use of the flag in the. 
manner proposed is permitted without such authorisation. 
(2) A trade mark which consists of or con tains the 
armorial bearings or any other state emblem ofa Convention 
country which is protected under the Paris Convention shall 
not be registered without the authorisation ofthe competent 
authorities of that country. 
(3) A trade mark which consists of or contains an 
official sign or hall mark adopted by a Convention country 
and indicating control and warrant y shall not, where the sign or hallmark is protected under the Paris Convention, be 
registered in relation to goods or services ofthe same, or a 
similar kind, as those in relation to which it indicates control 
and warrant y, without the authorisation of the competent 
authorities of the country concerned. 
(4) The provisions ofthis 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 
ofa trade mark on the application ofa national ofa country 
who is authorised to make use of astate emblem, or official 
sign or hallmark, ofthat country, notwithstanding that it is 
similar to that of another country. 
(6) Where by virtue ofthis section the authorisation 
of the competent authorities ofa Convention country is or 
would be required for the registration ofa trade mark; those 
authorities are entitled to restrain by injunction any use of 
the mark in Belize without their authorisation. 
63. (1) This section applies to:-
(a) the armorial bearings, tlags 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 ofthe international organisation concerned, IP /NIl IBLZ/T Il 
Page 57 
Ernhl~rns, l'te., 
of certain 
international 
organisations: 
Article 6ter of 
Paris 
COIIVl'ntioll. IP/N/lIBLZ/T/1 
Page 58 
Notifï,'a!iull 
ll11dci' Article 
6tcr of the 
Paris 
Co;,vcnlion. unless it appears to the Registrar that the use ofthe emblem, 
abbrèviation or name in the manner proposed:-
(a) is not such as to suggest to the public that a 
connection exists betwecn the organisation 
and the trade maxk; or 
(h) is not likely to mislead the public as to the 
existence of a connection between the use and 
the organisation. 
(3) The provisions ofthis section as to emblems ofan 
intE'î'·::.l tional organisation apply equally to anything which 
from a heraldic point of view imitates any such emblem. 
(s) \VhCïC by virtuc ofthis section the authorisation 
of an inter ~littional organisation is or would be required for 
the rEgistl'atiol1 ofa trade mark, that organisation is entitled 
to rèstrain by in jUil ct ion any use of the mark in Belize 
without its authorisation. 
(5) l'·Jothing in this section affects the rights of a 
person whose IlOna fidr:: use of the trade mark in question 
hegâl1 before the day when the relevant provisions of the 
PariS Convention entered inlo l'oree in relation to Belize. 
64. (1) For the purposes ofseetion 62 state emblems of 
a C olivention country (other than the national flag), and 
official signs or hall marks, 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 Gter (3) of the 
Convention that it c\esires to proteet that 
crnblem, !,:.sn or hallmark; 
(h) 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 
shaH 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; 
(h) 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 eITect 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 ail reasonable hours and 
free of charge, a list of:-
(a) the state emblems and official signs or 
hall marks; and 
(h) 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). 
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. IPIN/1/BLZ/T/1 
Page 59 
Acis of agent or 
represt'ntativc: 
Article 6scptics 
of the Paris 
C"nvention. IP/N/l/BLZ/T/l 
Page 60 
Judicial notice 
of cCI1ain 
trcatics. (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 dec1aration of the invalidity of the 
registration; or 
(h) 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 trade mark 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 (h) 
shaIl be made within three years of the proprietor becoming 
aWare of the registration; and no injunction shaH be granted 
under subsection (4) in respect of a use in which the 
proprietor has acquisced for a continuous period of three 
years or more. 
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 shaH be admissible as evidence of any 
instrument or other act thereby communicated, or of any institution established by or having functions pnder any 
Convention or Treaty referred to in subsection (1) above. 
PART V 
LEGAL AND GENERAL 
Legnl proceedings 
67. In ail legal proceedings relating to a registered trade 
mark (including proceedings for rectification of the register) 
the registration of a persan as proprietor of a trade mark 
shall be primafacie evidence of the validity of the original 
registration and of any subsequent assignment or other 
transmission of it. 
68.(1) If in the proceedings before the Court the 
validity of the registration ofa trade mark is contested and 
it is found by the Court that the trade mark is validly 
registered, the Court may give a certificate ta that effect. 
(2) If the Court gives such a certificate and in 
subsequent proceedings-
(a) the validity of the registration IS agal11 
questioned; and 
(h) the proprietor obtains a final arder or judgment 
in his favour; 
he is entitled ta his costs as between aîtorney and client 
unless the Court directs otherwise but this subsection does 
not extend ta the costs ofan appeal in any such proceedings. 
69. (1) In proceedings before the Court involving an 
application for:-IP/N/IIBLZ/T/l 
Page 61 
Reglstratlon to 
be primafacie 
evidence of 
validity. 
Certificate of 
validityof 
contested 
reglstratlon 
Reglstrar's 
appearance in 
proceedings 
involving the 
reglster. IPIN/l/BLZ/T/l 
Page 62 
Appcals frolll 
dccislons orthe 
Rcgistrar. (a) the revocation of the registration of a trade 
mark; 
(h) 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 ifso 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 giving particulars of:-
(a) any proceedings before him in relation to the 
matter in issue; 
(h) the grounds of any decision glven 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 proct.:edings. 
(3) Any thing which the Registrar is or may be 
authorised or required to do under this section may be done 
on his behalfby a duly authorised officer of the staff of the 
Intellectual Property Office. 
70. (1) An appeallies 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. 
7l. (l) The Minister may make Rules:-
(a) for the purpose of any provision of this Act 
authorising the making of Rules with reSDect 
ta any matter; and 
(h) for prescribing anything authorised or rcquired 
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; 
(h) 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 ofirregularities 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 ofany time limit so 
prescribed, or specified by the Registrar, 
wh ether or not it has already expired. 
(2) Provision may be made by Rules as to-IP/N/l/BLZ/TIl 
Page 63 
Power of 
l\linister to 
make RtÙes. IPIN/IIBLZ/TIl 
Page 64 
Hours of 
business of 
Intellectual 
Property 
Office. (a) the payment ofa single fee in respect oftwo or 
more matters; and 
(b) the circumstances (if any) in which a fee may 
be repaid or remitted. 
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·of business under 
this Act, and the days which are business days for thélt 
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 shaH 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. 
Agents 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-la ..... 
who is resident in Belize and practicing in Belize in 
accordance with the relevant law. 
(2) The Minister may make Rules requmng the 
keeping ofa register ofpersons 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" shaH be construed, unless the 
context otherwise requires, to be references to persons 
whose names are entered in the register pursuant to 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 fine 
and period of imprisonment. 
74. (1) The proprietor of a registered trade mark, or a 
licensee, may give notice in writing ta the Comptroller of 
Customs:-
(a) that he is the proprietor or, as the case may be, 
a li censee, of the registered trade mark; 
(h) 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 ofCustoms t6 
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 ofthe prohibition 
liable to any penalty other th an 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 sha1l comply with such 
conditions with respect to:-IP/NIl/BLZ/T/l 
Page 65 
P"ovision 
J'rstl'Ïding 
impoJ'tation of 
infdnging 
goods. IP/N/lIBLZ/T/l 
Page 66 
CAP. 39 
Unauthonsed 
use oftrade 
mark, etc., hl 
relation to 
goods. (a) the form of the notice; 
(h) 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 by reason 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 .. 
(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 
75. (1) A person commits an offence who with a viewto 
gain for himself or another, or with intent to cause a Joss 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 (h) 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, custddy or controlin the 
course of a business any such goods with a 
view to the doing of anything, by himself or 
another, which \vould be an offence under 
paragraph (h) 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 \/ithout the consent of the proprietor:-
(a) applies a sign identical to, or likely to be 
mistaken for, a registered trade mark; to 
mate-ial intended ta be used:-
(i) for labelling or packaging goods; 
(ii) as a business paper in relation to goods; 
or 
(ni) for advertising good~; or 
(h) uses in the course ofa business material bearing 
su ch a sign for label1ing or packaging goods, as 
a business paper in relation to goods, 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 under 
paragraph (h). 
(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:-IP/NIl/BLZ/TIl 
Page 67 IP/N/lIBLZ/T/l 
Page 68 
(a) makes an article specifically designed or 
adapted for making copies of a sign identical 
to, or likely ta be mistaken for, a registered 
trade mark; or 
(h) has such an article in his possession, custody 
or control in the course of a business, 
knowing or having reason ta believe that it has been, or is 
ta be, used ta produce goods, material for labelling or 
packaging goods, as a business paper in relation ta goods, 
or for aclvertising goods. 
(4) A person cloes not cornmit an offence uncler this 
section unless:-
(a) the goods are goods in respect of which the 
trade mark is registered; or 
(h) the trade mark has a reputation in Belize and 
the use of the sign takes or would take unfair 
aclvantage of, or is or woulcl be detrÎmental ta, 
the distinctive character or the repute of the 
trade mark. 
(5) lt is defence for a persan chargecl with an offence 
under this section to show that he believed on reasonabl·e. 
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 persan guilty of an offence under this section 
is liable on summary conviction to a fine not exceeding 
fifteen thousand dollars or ta imprisonment for a period not 
exceeding ten years; and where the offence continues after: 
the first conviction, to a further fine of one hunclrecl clollars 
for every clay such offence continues, or in clefault of 
payment ofthe fine ta imprisonment for a period often days 
for every clay such offence continUes. IP /N/l/BLZ/T Il 
Page 69 
76. (l) It is an offence for a person to make, or cause to Falsification of 
be made, a false entry in the register of trade marks, rcgistcr. etc. 
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 faIseIy 
purporting to be a copy or an extract of an 
entry in the register, or 
(h) ta produce or tender or cause ta be produced 
or tendered in evidence any such thing, 
knowing or having reason ta believe that it is false. 
(3) A persan guilty of an offence under this section 
shall be liable on summary conviction ta a fine not cxceeding 
ten thousand dollars or ta imprisonment for a period not 
exceeding five years, or ta both such fine and period of 
imprisonment. 
77. (1) It is an offence for a pel.:;on -
(a) falsely ta represent that Cl mark is a registered 
trade mark; or 
(h) to make a false rcpresentation as to the goods 
or services for which, 1 'q. ~ mark is registered. 
(2) For the purposes ofthis section, the use in Belize 
in relation to a trade mark-
(a) of the ward "registered", or 
(h) of a!1y other word or symbol importing a 
reference (express or implied) to registration, 
shall be deemed ta be a representation as to registration 
under this Act unless it is shawn that the reference is to Falsply 
J'('prcsl'nting 
f ,'ad C lua ("k as 
I·cgistercd. IPfNl l/B LZ/T/1 
Page 70 
(ll'f,'","'S hy 
hudy l'tfl'ponlte 
01' pal111"I'ship, 
l'ow{'rs of 
polin> "m"{'I'S, registration elsewhere than in Belize and that the trade mark 
is in fact so registered for the goods or services in question. 
(3) A person guilty ofan offence under this section 
shall be liable on sllmmary conviction to a fine not exceeding 
eight th ou sand dollars or to imprisonment for a period not 
excecding four year:s, or to both such fine and period of 
imprisonment, 
78, (1) Where an offence is committed under this Act 
by a body corporate, every persan who at the material time 
\vas a Director, Manager, Secretary or other similar officer 
of the body corporate, or any person purporting to act in 
such capacity 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 ta prevent the cornmission of the offence, 
(2) Subsection (1) shall, mutatis mutandis, 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. 
79, (1) Any police officer may:-
((f) sllbject ta the provisions ofthis Act, enter and 
search any premises or place, for goods which, 
or the packaging ofwhich, bears a sign identical 
ta or likely ta be mistaken for a registered 
trade mark; or for materiaJ bearing such a sign 
and intencled to be used for Jabel1ing or 
packaging goods, as a business paper in relation 
to goods, or for advertising goods, or for 
articles specifrcally designed or adapted for 
making copies of such sign; (h) .stop, board and search any vesse! (otherthan a 
ship of war) or any aircraft (other than a 
military aircraft) for goods referred to in 
paragraph (a) above; 
(c) stop and search any vehicJe, in which he 
reasonably suspects that there are the goods 
referred to in paragraph (li) above; 
(d) seize, rernove or detain any goods referred to 
in paragraph (a) above found by him pursuant 
to this subsection. 
(2) Any poiice oftlcer may:-
(u) ureak open ally outer or inner door ofany place 
which he is empowered or authorized by this 
Act ta enter and search; 
(h) forcibly board any vessel, aircraft or vehicle 
which he is empowered by this Act to stop, 
board and search; 
(c) rem ove by force any persan orthing obstructing 
hiLl 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 vesse! or aircraft which heis 
empowered by this Act to stop, bOrrd and 
search, and prevent any person from 
approaching or boarding such vesse! or aircraft 
until it has been searched; 
({) detain any vehic!e which he is empowered by 
this Act to stop and search until it has been 
searched. IP/N/lIBLZ/T/l 
Page 71 IPINIIIBLZ/TIl 
Page 72 
Restrictions on 
the entry and 
search of 
domestic 
pre mIses. 
Obstruction of 
poUce omcCl"S. 80. (1) No domestic premises shaH be entered and 
searched by a police officer unless a magistrate has issued 
a warrant under sub-section (2) below. 
(2) A magistrate may, ifhe is satisfied by information 
on oath that there is reasonable grounds for suspecting that 
there is in any domestic premises any article which may be 
seized, removed or detained under any provision ofthis Act, 
issue a warrant authorising a .police ofilce to enter anq 
search the premises. 
(3) A police officer authorised under sub-section (2) 
above to enter and search any premises may call upon any 
police officer to assist him in entering and searching the 
premlses. 
(4) ln this section "domestic premises" means any 
premises or any part thereof, used exc1usively or mainly as 
dwelling. 
81. (1) Without prejudice to any other written law, any 
person who:-
(a) wiIIfully obstructs a police officer in the exercise 
ofhis powers or the performance ofhis duties 
under this Act; 
(h) willfully fails to comply with any requirement 
properlymade to him by any su ch police officer; 
or 
(c) without reasonable excuse, fails to give such 
police officer any other assistance which he 
may reasonably require to be given for the 
purpose of exercisi ng his powers or performing 
his duties under this Act, 
commits an offence and is liable on summary conviction to 
a finenot exceeding one thousand dollars orto 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 ta any su ch police officer, 
commits an offence and is liable on summary conviction to 
a fine not exceeding two thousand dollàrs 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 IPIN/1/BLZ/T/l 
Page 73 
82. (1) The Unit~d Kingdom Trade Marks Act, and the Repeals 
Merchandise Marks Act shall stand repealed at the CAP. 213 
commencement of this Act. Cap. 209 
(2) Notwithstanding the repeal of the above Acts, ail 
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 this Act. 
83. (1) Notwithstanding the repeal of the Acts referred 
to in section 82( 1) above, ail trade marks registered in 
Belize pursuant to the United Kingdom Trade Marks Act 
and any Rules made thereunder shall, subjêct to subsection 
(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 Îorce for the unexpired portion of 
the period of protection provided under this Act subject to 
the paymcnt of the prescribed fees or rcnewal fees provided 
in this Act. Transitional. 
CAP. 213 
Sub. Leg. 
1991 Edn. 
Vol. V 
CAP. 213 
p.2. IP/N/1/BLZ/T/l 
Page 74 
CAP. 213 
Sub. Leg. 
1991 Elin. 
Vol. V 
CAP. 213 
p.2. 
CAP.213 
CAP. 213 
CAP. 209 
COIlUnrnrrl11rnt (3) A person who on the date of the entry into force 
ofthis Act has med an application in the United Kingdom 
for the registration of a trade mark may, within 12 months 
of the entry into force ofthis Act, file an application for the 
registration ofthe 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. 
(4) Where, upon the entry into force ofthis Act, ar, 
application made under the United Kingclom 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 ancl Rules made thereuncler, but 
the grant of registration shall be sllbject 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 
Belize before this Act comes into force to do so, but any 
trade mark thus registerecl shall be deemed to have been 
registered llnder this Act. 
(6) On the commencement ofthis Act, ail notices of 
the ownership by any person of a tracle mark which were 
previously macle under the Merchanclise Marks Act shaJ'J 
cease to have effect in Belize, ancl such tracle marks shall be 
registerecl in accorclance with this Act. 
(7) The Minister may by Orcier publishecl in the 
Gazette make any further transitional or saving provisions 
which appear to him to be necessary or clesirable. 
84. (1) This Act shali come into force on a clay to be 
appointecl by the Minister by Order publishecl 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. FIRST SCHEDULE (SECTIONS 2(1) AND 57) 
COLLECTIVE MARKS 
Ge/lerlll IPIN/l/BLZ/T/l 
Page 75 
1.' The provisions ofthis Act apply to collective marks subject to the 
following provisions. 
Signs of \vhich II collective mark ma" consist 
2. In relation to a collective mark, the reference in section 2( 1) (signs 
ofwhich a trade mark may consist) to distinguishing goocls or services of 
one undertaking from those of other undertakings shall be construed as 
reference to distinguishing goods or services ofmembers of the association 
which is the proprietor of the mark t'rom those of other undertakings. 
Indication of geogrllphical origin 
3. Cl) Notwithstanding section 35 (l)(c), a collective mark may be 
registered which consists ofsigns or indications which may serve, in trade. 
ta 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 persan 
who is entitled to use a geographical name). 
Mark Ilot to be misleading as to characfer or significancc 
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 likely ta 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 sorne indication that it IP/N/l/BLZ/T/l 
Page 76 
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 o.fthe 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. 
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 
(h) 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 ifhe does not 
do SO, the application shall be deemed to be withdrawn. 
(3) The Registrar shall considerwhetherthe 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 su ch IPIN/lIBLZ/T/l 
Page 77 
period as the Registrar 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 failsto respond before the end of the specified period, the Registrar shall 
refuse the application. 
(6) lfit 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 m~tters 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 o( 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 ta do sa cause them to be 
published. 
(3) lfhe 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/l 
Page 78 
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 materiaJ); 
(h) section 54(2) (order as to disposaI 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 ofCustoms). 
10. (1) The following provisions (which correspond to the provisions 
of section 43 (general provisions as to the rights of licensees in case of 
infringement» have effect as regards the rights 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 cali on the proprietor to take 
infringement proceedings in respect of any matter which affects his 
interests. 
(3) If the proprietor:-
(a) refuses to do so; or 
(h) fails to do so within two months after being called upon, 
the authorised user may bring the proceedings in his own name as ifhe were 
the proprietor. 
(4) Where the infringement proccedings 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 ofinterlocutory 
relief on an application by an authorised user alone. IP/N/l/BLZ/T/l 
Page 79 
(5) A proprietor who is added as a defendant as mentioned in sub­
paragraph (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 like to be suffered by 
authorised users shall be taken into account; and the Court may give such 
directions as it thinks fit as ta the extent to which the plaintiffis to hold the 
proceeds of any pecuniary remedy on behalf of such users. 
Grounds for revocation of registration 
Il. Apart from the grounds of revocation provided for in section 46, 
the registration of a collective mark may be revoked on the ground:-
(a) that the manner in which the mark has been used by the 
proprietor has caused it to become liable ta mislead the public 
in the manner referred to in paragraph 4(1); or 
(h) 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 reglilations has been made so that 
the reglilations:-
(i) no longer comply with paragraph 5(2) and any fllrther 
conditions imposed by Rules; or 
(U) are contrary to public policy or to accepted principles of 
morality. 
Grounds for invalidity of registration 
12. Apart from the grounds ofinvalidity provided for in section 47, the 
registration ofa collective mark may be dec\ared invalid on the ground that 
the mark was registered in breach of the provisions of paragraph 4(1) or 
6(1 ). IP/N/lIBLZ/TIl 
Page 80 
SECOND SCHEDULE (SECTIONS 2(1) AND 58) 
CERTIFICATION MARKS 
General 
1. The provisions ofthis 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 
ofwhich a trade mark may consist) to distinguishing goods or services of 
one undertaking from those of 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 ofsigns 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 ofgoods 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 ifthe public is liable 
to be misled as regards the character or significance of the mark, in IPIN/l/BLZ/T/l 
Page 81 
particular ifit is likely to be taken to be something other than a certification 
mark. 
(2) The Registrar may accordingly require that a mark in respect 
ofwhich application is made for registration include sorne indication that 
it is a certification 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 those characteristics and to supervise the use of the mark, 
the fees (ifany) 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 
corn ply 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) corn ply with paragraph 6(2) and any further 
requirements imposed by Rules; and 
(U) are not contrary to public policy or to accepted 
principles of morality; and 
(h) the applicant is competent to certify the goods or 
services for which the mark is to be registered. IPIN/1/BLZ/T/l 
Page 82 
(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 ifhe does 
not do so, the application shaH be deemed to be withdrawn. 
(3) The Registrar sha1l 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, \vithin such 
period as the Registrar may srecify, to make representatiolls 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 spccified period, the Registrar shaH 
refuse the application. 
(6) lfit appears to the Registrar that those requirements, and other 
requirements for registration, are met, he shall accept the application and 
shaH proceed in accordanc.e with section 16 (publication, opposition 
proceedings and observations). 
(7) The rcgulations shall be puhli:;hed 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 ofa registered certification mark 
shaH be open to public inspection in the same way as the register. 
Amendment of regulations 
9. (1)' An amendrnent 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. IPINIl/BLZ/T/l 
Page 83 
(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) Ifhe 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 registel·ed 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 
Il. The following provisions apply in relation to an authorised user of 
a registered certification mark as in relation to a licence ofa trade mark:-
(a) section 25(5) (definition of infringement: unauthorised 
application of mark to certain material); 
(h) section 54(2) (order as to disposaI 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 ofCl/stoms). 
12. In infringement proceedings brought by the proprietor ofa registered 
certification mark any loss suffered or like to be suffered by authorised 
l/sers shall be taken into account; and the Court may give such directions 
as it thinks fit as to the extent to which the plaintiffis to hold the proceeds 
of any pecuniary remedy on behalf of such l/sers. 
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:-IPIN/l/BLZ/T/l 
Page 84 
(a) that the proprietor has begun to carry on such a business as is 
mentioned in paragraph 4; 
(h) 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; 
(d) that an amendment of the regulations has been made so that 
the regulations:-
(i) no longer comply with paragraph (62) and any further 
conditions imposed by rules; or 
(U) are contrary to public poIicy 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 ofinvalidity 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). 