Belize the Latest Caribbean Nation to Join the Madrid Protocol

Written By Katherine Hely

  • The Madrid Protocol entered into force in Belize on 24 February 2023

  • The Trademarks (Amendment) Act 2022 made small changes to the legislative framework in preparation to joining the Madrid System

  • Belize opted for the 18-month time limit for provisional refusals of applications

Belize has officially joined the ranks of Caribbean jurisdictions to sign on to the Madrid System in recent years, becoming the 113th member of the Madrid System. Belize acceded on 24 November 2022, and the Madrid Protocol officially entered into force on 24 February 2023. Regulations implementing the Madrid Protocol were released only shortly before the February implementation date. This left local practitioners speculating to some degree about how exactly the implementation would work in the weeks prior.

Madrid System in Belize

Belize’s current Trademarks Act and Trademarks Rules date back to 2000 and 2001, respectively. In 2022 Belize passed the Trademarks (Amendment) Act 2022, making some small changes to its legislative framework in preparation to joining the Madrid System. Some of the important changes include the addition of definitions that explicitly recognise and give effect to the Madrid Protocol, and the empowerment of the Belize Intellectual Property Office (BELIPO) to create regulations to implement the Madrid Protocol in Belize. Pursuant to this new amended act, the Trademarks (Madrid Protocol) Regulations 2023 entered into force on 24 February of this year.

Belize elected the 18-month time limit for provisional refusals of applications. However, and unlike the other Commonwealth Caribbean members of the Madrid System, it did not declare that refusals based on oppositions could be notified after the expiration of this period. The opposition period in Belize for domestic filings is dictated in the publication notice, but is approximately three months. The opposition period for international filings is explicitly three months. Practically speaking, Belize’s failure to make an election under Article 5(2)(c) to allow refusals based on oppositions outside the 18-month period may not pose an issue based on BELIPO’s current speed of processing applications. Generally, an application in Belize is examined within sufficient time to allow for the three-month opposition period, as well as time to properly notice any oppositions to the International Bureau.

To continue reading, you can find the full article which first appeared in WTR Daily, part of World Trademark Review, in June 2023 here (registration required). Alternatively, a PDF version can be found here.

Katherine Hely
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