On November 11, 2025, the Republic of Maldives enacted its first comprehensive Trademark Act (Law No. 19/2025), establishing a formal statutory framework for trademark registration and protection for the first time in the country. This landmark legislation will come into force on November 11, 2026, replacing the long-standing informal practice of relying on "cautionary notices" to assert trademark rights with a modern registration system aligned with international standards.
Core of the New System: Registration and Institutional Support
The Trademark Act will operate in conjunction with the Maldives Intellectual Property Office Act (Law No. 12/2025). The Maldives Intellectual Property Office (MIPO) is scheduled to be established on January 1, 2026, and will be responsible for the registration and administration of intellectual property rights, providing the institutional foundation for the new law.
Overview of Key Provisions
The new law adopts a broad definition of a trademark as "any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises," including names, letters, numerals, figurative elements, symbols, shapes, patterns, and combinations thereof. The system provides for the registration of certification and collective marks and offers protection for well-known marks.
The application process includes substantive examination on both absolute and relative grounds. After publication, there is a 3-month opposition period. Registrations are granted for an initial term of 10 years, renewable indefinitely. A 6-month grace period is allowed for renewal. A trademark becomes vulnerable to cancellation on grounds of non-use if it has not been put to genuine use in the Maldives for a continuous period of 5 years following registration.
The law introduces both civil and criminal remedies for trademark infringement and counterfeiting. It also establishes a border enforcement mechanism, allowing right holders to apply to Customs for the suspension of clearance and seizure of suspected infringing goods.
Significant Benefit for Foreign Applicants
A notable change is that foreign individuals and entities can now apply directly to register trademarks in the Maldives. This removes the previous necessity to register through a local licensee or rely solely on cautionary notices. Foreign applicants may also appoint local representatives to handle related matters.
Registration Process and Rights Maintenance
Trademark rights are granted to the applicant who first files a valid application with the Registrar of Intellectual Property. The Act establishes two types of priority rights: foreign priority (claimable within 6 months of filing an application in a Paris Convention or WTO member country) and exhibition priority (claimable within 6 months of first displaying goods/services under the mark at an officially recognized international exhibition).
License agreements must be recorded with the Registrar to be effective against third parties. Clerical or administrative errors in a registration may be corrected by the Registrar, while amendments affecting the scope of rights require a court order.
A trademark registration may be declared invalid (canceled) by the Registrar or the courts if it was registered in breach of absolute grounds or conflicts with an earlier right. Furthermore, any interested party may apply for the revocation of a registration after 5 years from the registration date on grounds such as non-use for a continuous 5-year period.
Enforcement and Remedies
A trademark proprietor may initiate civil infringement proceedings within 5 years of becoming aware (or should have become aware) of the infringement. Available remedies include injunctions, damages, orders for destruction or recall of infringing goods, and disclosure of information regarding infringers.
Criminally, acts such as counterfeiting a mark, applying a counterfeit mark to goods, dealing in counterfeit goods, or importing/exporting such goods for commercial purposes without the proprietor’s consent are punishable by fines ranging from MVR 100,000 to MVR 2,000,000.
Transitional Arrangements and Recommendations for Existing Right Holders
For holders of rights previously based solely on "cautionary notices," a reported 12-month transition period (from November 11, 2026, to November 11, 2027) will allow them to file formal applications in an attempt to preserve earlier rights. However, as the law does not explicitly convert cautionary notices into statutory priority, the practical effect of this transition awaits clarification in forthcoming regulations.
Holders of trademarks already registered with the Ministry of Economic Development and Trade must file a "regularization" application within 12 months of the new Act's effective date (i.e., by November 11, 2027).
Until the regulatory position is clarified, it is advisable for trademark owners to maintain their existing cautionary notice publications. While these may not confer statutory priority, they can serve as valuable evidence of prior use and established goodwill, which may be relevant during examination or in disputes over validity and ownership.
Conclusion
The enactment of the Trademark Act marks a historic step in the modernization of intellectual property protection in the Maldives. It establishes the country's first formal trademark registration system, providing a clear and robust legal framework for both local and international brands. With the law taking effect in November 2026, it is crucial for all right holders to review their portfolios and prepare proactively to ensure a smooth transition under the new regime and avoid any loss of rights.
Source: This article is prepared based on the official text of the Maldives Trademark Act and authoritative legal analyses for informational purposes.
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