The Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act (Law No. 2/2019, implemented in 2025) (“The Act”). For the first time, the country will operate a comprehensive, statutory trademark registration system, replacing the reliance on cautionary notices and unregistered-rights principles. For businesses operating in or entering the Maldives, the Act significantly enhances the certainty, enforceability, and clarity of trademark rights. Below is an overview of the key provisions and practical implications.

Establishment of a Formal Registration System

The Act establishes a state-maintained Register of Trademarks and designates the newly created Maldives Intellectual Property Office (MIPO) as the authority responsible for administering the system. All registrations, renewals, assignments, licences, and transactions will be entered into this publicly accessible register.

Who May Apply

The legislation adopts an inclusive approach. Applications may be filed by owners of marks, authorised representatives, assignees including foreign individuals or entities. This means non-resident rights holders can now file directly in the Maldives.

Registrable Marks

The definition of a trademark under the Act is broad and aligns with international practice. Registrable marks include words, letters, numerals, logos, symbols, figurative elements, patterns and shapes, combinations of these elements and so on. Applicants must provide a clear representation of the mark and, if colour is claimed, declare that explicitly. Goods and services must be properly identified in the application. 

Examination, Publication, and Opposition

Examination

Applications will undergo review on absolute grounds (e.g., distinctiveness, descriptiveness, public policy concerns) and relative grounds (e.g., conflict with earlier marks).

Opposition

Once accepted, the application is published for a three-month opposition period, during which third parties may object on grounds such as conflicts with earlier pending or registered marks, bad-faith applications and conflict with well-known marks or other prior IP rights. Applicants have three months to respond to an opposition. The Act notes that the detailed procedural framework including evidence rules, formality requirements, hearing procedures, and appeal mechanisms will be set out in future regulations that are still pending.

Duration and Renewal

Registrations last for 10 years, renewable indefinitely in 10-year terms. A six-month grace period is available for late renewal upon payment of additional fees.

Non-Use Vulnerability

Registered marks may be revoked if they are not sufficiently used for a continuous period of five years, unless valid justification exists. The evidentiary standards for use will be further clarified through regulations.

Enforcement, Infringement, and Remedies

The Act provides robust enforcement tools. Infringement includes the unauthorized use of identical or deceptively similar marks, as well as dealing in counterfeit goods including import, export, sale, or distribution. Courts may order interim injunctions, including ex-parte relief in urgent cases, damages and recovery of enforcement costs and destruction or removal of infringing goods. Counterfeiting may also trigger criminal penalties, with fines ranging from MVR 100,000 to MVR 2,000,000, signalling a strong deterrent stance. The State has authority to seize counterfeit goods at the border, supporting proactive rights enforcement.

Transition from Cautionary Notices

The introduction of the Act marks a move away from the cautionary notice system previously relied upon in the Maldives. Rights holders relying on cautionary notices or prior use must file for registration of their marks under the new system within a 12-month transition period after the Act comes into force. While past use or previous cautionary notices may serve as evidence in opposition or cancellation proceedings, they do not create statutory rights or guarantee registration. The Act adopts a first-to-file principle. Ownership is determined primarily by filing date or priority claim, not merely by prior commercial use. Rights holders should therefore prioritise early filing to secure protection.

Implementation Timeline

The Trademark Act was ratified on November 11, 2025. According to the Act’s text, it will come into force 12 months after its publication i.e. from November 11, 2026, which means one can start filing trademark applications under the new law from November 11, 2026, onward assuming the institutional set-up is in place by then. Meanwhile, the related Maldives Intellectual Property Office Act 2025 (MIPO Act) which establishes the IP office that will handle trademark registration comes into effect earlier, on January 1, 2026.  The implementing regulations, fee schedules, application forms and full procedures must be published within six months after the Act comes into force i.e. by May 11, 2027. Hence, practically, while November 11, 2026, is the legal start date, the system may take some time (possibly into early 2027) to be fully operational depending on how quickly regulations are issued.

What Right Holders Should Do Now

It is recommended that businesses and brand owners:

  • Identify key marks that require protection in the Maldives.
  • Prepare filing strategies ahead of the November 2026 commencement date.
  • Gather evidence of use if wishing to rely on prior rights in potential disputes.
  • Routinely check for updates from the Maldives Intellectual Property Office regarding rules and regulations pertaining to the Act.

The new Trademarks Act represents a landmark development for intellectual property protection in the Maldives. It introduces a modern, transparent, and enforceable framework that offers significantly greater legal certainty to both domestic and international rights holders. As the country transitions to this statutory system, early preparation and proactive filing will be essential to securing and strengthening trademark portfolios particularly given that the new framework prioritizes first-to-file rights over those based on prior use.

Written by Adlin Mini M