Before the Act there was nothing to assign. A cautionary notice is an assertion published in a newspaper, not property, and transferring a Maldivian brand meant republishing in the new owner’s name and hoping the sequence told a coherent story.
The Act changes that by creating something to own — and a public record of who owns it.
Quick reference
| Recorded on | The Register of Trademarks at MIPO, publicly accessible |
| What is recorded | Registrations, renewals, assignments, licences and other transactions |
| Who may apply for a mark | Owners, authorised representatives and assignees |
| Formalities, forms, fees | Awaiting regulations |
| Effect of non-recordal | Not settled |
| Licensed use and non-use | Not settled |
A public register of transactions
The Act establishes a state-maintained Register of Trademarks, publicly accessible, on which registrations, renewals, assignments, licences and transactions are entered.
Two practical consequences, both new to the Maldives.
Title becomes verifiable. On a transaction, due diligence on a Maldivian brand stops being an exercise in collecting newspaper clippings and becomes a register search.
Licences become visible. Anyone can see who is authorised to use a mark. For a market built on management and franchise arrangements, that is a material change — and a commercial consideration, since the existence of the licence becomes public even if its terms do not.
Assignees can apply
The Act expressly allows applications from assignees, alongside owners and authorised representatives.
That matters during the transition. Where a Maldivian brand has moved between group entities over the years, or was built by a local partner and later acquired, the party now entitled can file in its own name rather than reconstructing a chain through a predecessor.
The practical advice is the same as anywhere: tidy the ownership chain before filing, not afterwards. A first-to-file system rewards the application that goes in cleanly on day one, and an unclear chain is the kind of thing that turns into an objection or an opposition argument later.
Licensing in a resort economy
The Maldivian market has an unusual concentration of licensing. International hotel brands operate through management agreements; resorts carry brand names owned elsewhere; food, beverage and retail operate under franchise.
Almost all of that brand use is licensed use by a foreign owner. Which raises the question the Act’s published framework does not answer: does licensed use count as the owner’s use for the purposes of the five-year non-use provision?
Most statutes in the region say so expressly. Pakistan’s section 74, Sri Lanka’s section 124(2) and Bangladesh’s section 44(2) all deem permitted use to be the proprietor’s. Whether the Maldives Act does is not settled in what has been published — and for a brand whose only Maldivian use is through a resort operator, that is not an academic point.
Until it is clear, draft defensively:
- Make the licence explicit about use being on the owner’s behalf.
- Oblige the licensee to supply use records — invoices, marketing, signage photographs — with the obligation surviving termination.
- Keep quality control real, which protects the mark regardless of how the non-use provision reads.
- Record the licence once the mechanism exists.
What is not yet settled
The Act establishes that transactions are registrable. Nearly everything about how is for the regulations:
- Formalities — whether an assignment must be in writing, who signs, what evidence of title is required.
- Forms and fees.
- The effect of failing to record. Several neighbouring statutes make an unrecorded transaction ineffective against a third party acquiring in good faith; whether the Maldives follows is unknown.
- Whether partial assignment is available, by goods or by class.
- Whether assignment with or without goodwill is distinguished, and whether any advertisement requirement attaches, as Pakistan and Bangladesh impose.
- Whether licensed use counts as the owner’s use.
- Whether security interests can be recorded.
Do not import assumptions from a neighbouring country. Confirm with MIPO when the regulations issue.
During the transition
Two points specific to the next twelve months.
File in the right name. Decide now which entity should hold the Maldivian registration — operating company, group IP holder, or local partner — because changing it later means a recordal under rules that do not yet exist.
Do not let a licence substitute for a filing. A management agreement granting a resort the right to use a brand does not create a Maldivian trademark right for anyone. Only an application does.
Frequently asked questions
Can I assign a Maldives trademark? Yes. Assignments are among the transactions entered on the new Register of Trademarks, and the Act expressly allows assignees to apply.
Are licences recorded publicly? The register records licences and is publicly accessible. The level of detail recorded is a matter for the regulations.
Does my licensee’s use keep the registration alive? Not settled in what has been published. Draft the licence so that use is clearly attributable to the owner and records are obtainable.
What happens if I do not record an assignment? Unknown. Several neighbouring statutes make an unrecorded transaction ineffective against a good-faith third party; whether the Maldives does is a question for the regulations.
Can I assign for only some goods? Not settled. Partial assignment is common elsewhere but the Maldivian position awaits the regulations.
Which entity should hold the registration? Decide before filing. Changing proprietor later means a recordal under rules that are not yet published.
Useful official resources
- Maldives Intellectual Property Office — the register and recordal forms as they issue
- Maldives Government Gazette — the Act as published
- Trademarks Act, Law No. 19/2025
See our related notes on filing a trademark in the Maldives, trademark cancellation and the transition to registration.
Structuring who should hold a Maldivian brand before the register opens? Talk to us.