← belizelaw.ai · Trade Marks, Cap. 257 · PART I — Preliminary

Interpretation

Cap. 257, s. 2 · Revised Edition 2020

(1) In this Act, unless the context otherwise requires, “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 marks subject to the provisions of the Second Schedule; “collective mark” means a mark distinguishing the goods or services of members of the association which is the proprietor from those of other undertakings, and the provisions of this Act apply to collective marks subject to the provisions of the First Schedule; “Court” means the Supreme Court; “Director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body; “infringement proceedings”, in relation to a registered trade mark, include proceedings for an order for delivering up of 8 “Journal” means the Journal of Intellectual Property referred to in section 11 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 Constitution, Cap. 4; “Paris Convention” means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as last revised; “priority date” means the date of the earlier application that serves as the basis for the right of priority provided for in the “publish” means make available to the public and references to (a) in relation to an application for registration are to publication under section 16 (1) of this Act; and (b) in relation to registration, are to publication under section 18 of this Act; “Register” means the Register of Trade Marks referred to in this Act; “Registrar” means the Registrar of Intellectual Property appointed under section 4 of the Patents Act, Cap. 253; “trade” includes any business or profession; “trade mark” means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings and it may, in particular, consist of words (including personal 9 names), designs, letters, numerals or the shape of goods or their packaging. (2) References in this Act to a trade mark include, unless the context otherwise requires, references to a collective mark or a certification mark.
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