Industrial Designs FAQs

An industrial design is the ornamental or aesthetic qualities of a product. It is the appearance of a product, therefore the specific features or lines or contours, colours or shape or materials of a product or the ornamentation given to it. In short it is decorative as opposed to functional and it must appeal to the eye.

Industrial designs cover a wide range of products of industry and handicraft. These products range from technical and medical instruments to watches, jewellery, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

An industrial design protects the appearance of a product which from the strictly technical point of view may not be original, but which is new and original from an aesthetic or appearance point of view. While a patent protects technical innovation, in other words an invention which differs from what is already known by some new and non-obvious technical features. An industrial design is different from a trade mark because it is ornamental and decorative but not necessarily distinctive. While a trade mark must always be distinctive. This can be seen in the definition of a trade mark, which states that it is a sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. Another difference between an industrial design and a trade mark is that an industrial design can only be protected for a fixed period of time, while a trade mark can be protected indefinitely.

Industrial design protection ensures the owner of the industrial design an exclusive right against the unauthorised copying or imitation of the industrial design by third parties. By making a product aesthetically appealing and attractive, industrial designs increase the commercial value of the product and facilitate its marketing and commercialisation. Thus, by protecting his or her industrial design, the owner of the industrial design contributes to the marketing of his or her product and helps ensure a fair return on his or her investment. Industrial design protection is also relatively simple and inexpensive.

An industrial design qualifies for registration if it is new. An industrial design is new if it has not been publicly disclosed anywhere in the world, by publication or by use in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. Industrial designs the commercial exploitation of which would be contrary to public order or morality shall not qualify for registration.

You can apply for registration or restoration (re-registration) of an industrial design –

(a) by filing the following forms –

(i) Application for Registration of an Industrial Design (Form No. 1 of Schedule II to the Industrial Designs Regulations, CAP. 254S). The Office prefers the supplying of photographs by applicants, rather than drawings or a specimen of the article containing the industrial design;

(ii) Statement of Designer (Form No. 2 of Schedule II to the Industrial Designs Regulations, CAP. 254S);

(iii) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney;

(iv) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees –

(i) BZ$325.00 – application fee for the first design in the application;

(ii) BZ$100.00 – application fee for each additional design;

(iii) BZ$100.00 – registration fee for the first design in the application;

(iv) BZ$100.00 – registration fee for each additional design;

Goods are classified in accordance with the 8th Edition of the International Classification for Industrial Designs under the Locarno Agreement, including the attached explanatory notes and Alphabetical List. The links to the “List of Classes with Indication of Goods” and the “List of Classes with Explanatory Notes” can be found on the weblink www.wipo.int/classifications/en/index.html

Yes. An applicant for registration can claim priority from an earlier application made in a country which is party to the Paris Convention for the Protection of Industrial Property. The priority claim must be made within six months of the earlier application. The date of filing of such an application for the purposes of priority shall be the date of filing of the Paris Convention application.

You apply for a withdrawal of an industrial design application –

(a) by filing the following form –

Withdrawal (Form No. 3C of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees –

(i) BZ$150.00 – fee for withdrawal of application;

The date of registration of an industrial design is the date of filing of the application for registration.

The term of protection of an industrial design is five years from the filing date of the application for registration. The term of protection may be extended for two further consecutive periods of five years.

You surrender an industrial design registration –

(a) by filing the following forms –

(i) Surrender (Form No. 11 of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form;

(ii) Application for an Address for Service (Form No. 3A) of Schedule II to the Industrial Designs (General Procedures) Administrative 8 Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form;

(iii) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney; AND

(b) by paying the following fees –

(i) BZ$175.00 – fee for surrender of industrial design registration;

You apply for renewal of your registered industrial design –

(a) by filing the following forms –

(i) Renewal of Registration of an Industrial Design (Form No. 8 of Schedule II to the Industrial Designs Regulations, CAP. 254S);

(ii) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney;

(iii) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees –

(i) BZ$225.00 – fee for the first design in the application being renewed;

(ii) BZ$20.00 – fee for each additional design being renewed;

(iii) BZ$275.00 – late fee for the first design in the application being renewed;

(iv) BZ$20.00 – late fee for each additional design being renewed;

The industrial design registration will lapse if the industrial design owner fails to pay the late renewal fee within six months from the date of expiry of registration. A lapsed industrial design can be restored by re-registration, using the same forms and fees relating to an application for registration of an industrial design. The prescribed time for submitting a restoration or re-registration application is twelve months

You can apply for recordal of a transfer or assignment –

(a) by filing the following forms –

(i) Transfer and Assignment of an Application for Registration (Form No. 5 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form shall only be completed by an applicant for a recordal of transfer or assignment of an industrial design application; OR

(ii) Transfer and Assignment of a Registered Design (Form No. 6 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form shall only be completed by an applicant for a recordal of a transfer in the Register; AND

(iii) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney; AND

(iv) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees –

(i) BZ$275.00 – fee for recording a transfer of application for registration or registered design;

You can apply for recordal of a change of name or address or other change (amendment/correction) –

(a) by filing the following forms –

(i) Change of Name (Form No. 7 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form shall only be completed by an applicant for a recordal of a change of name in an application or in the Register; OR

(ii) Change of Address (Form No. 7A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a recordal of a change of address in an application or in the Register; OR

(iii) Application to Record Change in Register (Form No. 10 of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a recordal of any other change in the Register; OR

(iv) Application for Correction of Application for Registration of an Industrial Design (Form No. 3B of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a recordal of  any other change to an industrial design application (apart from change in applicant’s name or address). The instructions for completing this form are listed in the footnotes to the form; OR

(v) Application for Amendment to Application for Renewal/ Recordal (Form No. 12 of Schedule to the Industrial Designs (General Procedures) (Amendment) Administrative Instructions, 2006). This form shall only be completed by an applicant for an amendment to a renewal/recordal application. The instructions for completing this form are listed in the footnotes to the form; AND

(vi) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. This form is not required by an applicant for a recordal of any change or correction to an industrial design application or any amendment to an application for renewal/recordal; AND

(vii) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form is not required by an applicant for a recordal of any change or correction to an industrial design application or any amendment to an application for renewal/recordal. The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees –

(i) BZ$50.00 – fee for recording an amendment to an application for registration of an industrial design; OR

(ii) BZ$50.00 – fee for amending an application for renewal/ recordal; OR

(iii) BZ$175.00 – fee for recording a change of name or address in the Register; OR

(iv) BZ$175.00 – fee for recording any other change in the Register

You can apply for recordal of a licence-contract or cancellation of a record of a licence contract or recordal of a transfer of a licence-contract –

(a) by filing the following forms –

(i) Application to Record a Licence-Contract (Form No. 6A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a recordal of a licence-contract. The instructions for completing this form are listed in the footnotes to the form. Attach copy of Licence-Contract; OR

(ii) Application to Cancel Record in Register of a Licence-Contract (Form No. 6B of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a cancellation of a record of a licence-contract. The instructions for completing this form are listed in the footnotes to the form; OR

(iii) Application to Record Transfer of Licence-Contract (Form No. 6C of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a recordal of a transfer of a licence contract. The instructions for completing this form are listed in the footnotes to the form. Attach copy of document, Deed of Assignment or Transfer, by which licence-contract was transferred; AND

(iv) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney; AND

(v) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005); AND

(b) by paying the following fees –

(i) BZ$175.00 – fee for recording a license-contract; OR

(ii) BZ$175.00 – fee for cancellation of a license-contract; OR

(iii) BZ$175.00 – fee for recording the transfer of a license-contract; AND

You can apply for recordal of a sub-licence-contract or cancellation of a record of a sublicence-contract or recordal of a transfer of a sub-licence-contract –

(a) by filing the following forms –

(i) Application to Record a Sub-Licence-Contract (Form No. 6D of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a recordal of a sub-licence-contract. The instructions for completing this form are listed in the footnotes to the form. Attach copy of Sub-Licence-Contract; OR

(ii) Application to Cancel Record in Register of a Sub-Licence-Contract (Form No. 6E of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for a cancellation of a record of a sub-licence-contract. The instructions for completing this form are listed in the footnotes to the form; OR

(iii) Application to Record Transfer of Sub-Licence-Contract (Form No. 6F of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). This form shall only be 14 completed by an applicant for a recordal of a transfer of a sublicence-contract. The instructions for completing this form are listed in the footnotes to the form. Attach copy of document, Deed of Assignment or Transfer, by which sub-licence-contract was transferred; AND

(iv) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. The instructions for completing this form are listed in the footnotes to the form; AND

(v) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005); AND

(b) by paying the following fees –

(i) BZ$175.00 – fee for recording a sub-licence-contract; OR

(ii) BZ$175.00 – fee for cancellation of a sub-licence-contract; OR

(iii) BZ$175.00 – fee for recording the transfer of a sub-licence-contract; AND

You can change an agent –

(a) by filing the following forms –

(i) Application to record change in Register (Form No. 10 of Schedule II to the Industrial Designs Regulations, CAP. 254S). The instructions for completing this form are listed in the footnotes to the form;

(ii) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. The instructions for completing this form are listed in the footnotes to the form;

(iii) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005); AND

(b) by paying the following fees –

(i) BZ$175.00 – fee for recording change in the Register;

You can apply for an extension of time –

(a) by filing the following document –

Affidavit setting forth the relevant facts that caused the delay; AND

(b) by paying the following fee –

BZ$50.00 – fee for requesting that the Registrar extend the time limit for doing anything.

The principal objective of the Hague Agreement Concerning the International Deposit of Industrial Designs is to enable protection to be obtained for one or more industrial designs in a number of States through a single deposit filed with the International Bureau of the World Intellectual Property Organization (WIPO). The Intellectual Property Office acts as a national Office that can be designated in an international deposit registered at the International Bureau of WIPO.

You apply for international registration for an industrial design –

(a) by filing the following forms –

(i) Application for International Registration governed exclusively or partly by the 1960 Act (Form DM/1);

(ii) Explanatory Notes on the Official Application Form DM/1 (Form DM/1:INF);

(iii) Appointment of a Representative (Form DM/7) (where applicable); AND

(b) by paying the following basic fees –

(i) Swiss francs 397 – for one design;

(ii) Swiss francs 19 – for each additional design included in the same international application;

(iii) Swiss francs 17 – for each reproduction to be published;

(iv) Swiss francs 150 – for each page, in addition to the first, on which one or more reproductions are shown (where the reproductions are submitted on paper);

(v) Swiss francs 2 – additional fee where the description exceeds 100 words per word exceeding 100 words; AND

(c) by paying the following standard fees –

(i) Swiss francs 42 – for one design;

(ii) Swiss francs 2 – for each additional design included in the same international application.

(a) FORMS –

• In submitting a document to the Office for any purpose, the person submitting the document must use the form set out in Schedule II to the Industrial Designs Regulations that is appropriate for the purpose, but the form may be modified in such manner as is necessary in the circumstances.
• In submitting a document to the Office, one copy only of the document need be submitted.
• If a document that is submitted to the Office differs significantly from the form in Schedule II to the Industrial Designs Regulations intended to be used for the purpose of the submission, the Registrar may require that the document be replaced, within a time fixed by the Registrar, by one that conforms to the document required by Schedule II to the Industrial Designs Regulations to be used for the purpose.
• All applications, notices, statements, papers having representations affixed, or other documents authorized or required by the Industrial Designs Act or the Industrial Designs Regulations to be made, left or sent to the Registrar must be on strong, durable white paper and, except in the case of statutory documents and affidavits, must be written on one side of the paper only.
• Each sheet not being a graphic representation must have its short sides at the top and bottom.
• Each sheet must be of the same size and on A-4 paper or such other size as the Registrar may permit.
• The pages of documents, other than graphic representations must be numbered consecutively, preferably at the top of the page.
• Page margins must be not less than 2 centimetres.
• Except for graphic representations, pages must be typed or printed, preferably with one and a half spacing or double spacing.

(b) PHOTOGRAPHS, DRAWINGS AND SPECIMENS –

• The graphic representations in an application must meet the following requirements-
• the representations are to be on white paper or other material suitable for reproduction;
• the sheets of representations are to be the same size as those used in the application;
• the representations are to be prepared in durable dark lines suitable for reproduction;
• the representations are to appear on only one side of a sheet;
• the representations are to be on a scale sufficiently large to show the features of the design clearly;
• figures in a representation are to be numbered consecutively without regard to the number of sheets in the representation and so far as possible the figures are to be arranged in numerical order;
• figures in a representation can be continued on subsequent sheets if necessary or several figures can appear on the same page;
• graphic representations in an application must be free of such folds, breaks or creases as render them unsuitable for reproduction;
• photographs of an article taken against a neutral background may be used in an application instead of graphic representations if the photographs clearly illustrate the design and can be readily reproduced;
• the Registrar may require that a graphic representation or a photograph be provided instead of a specimen when the size and weight of the specimen makes it difficult to process and store it; and, in any event, a specimen must not exceed one kilogram in weight or thirty centimetres in any dimensions;
• specimens that are perishable or made of dangerous material shall not be submitted to the Office.

All documents for filing shall be in English. Where a different language is used the documents shall be accompanied by an English translation.