For decades, a cautionary notice was the whole of Maldivian trademark practice. There was no statute, no registry and no examination — so a brand owner bought space in a newspaper, announced its ownership of a mark, and warned the public against using it.
That system has weeks left. The Trademarks Act commences on 11 November 2026. Understanding what the notice was, and was not, is what tells you how exposed you are when it does.
Quick reference
| What it is | A published newspaper announcement of a claim to a mark, warning third parties |
| Legal basis | None in statute — a practice against a common-law backdrop |
| Languages | Dhivehi and English |
| Examination | None — no filing, no search, no advertisement in the registry sense |
| Typical processing | About three to four weeks |
| Cost driver | Notice length and the number of classes covered |
| Renewal | By re-publication, periodically |
| Status after 11 November 2026 | Evidence in a dispute — not a statutory right |
What a notice contains
A cautionary notice is published in a newspaper of wide circulation, in Dhivehi and English, and typically sets out:
- the owner’s name and address;
- a representation of the mark;
- the goods or services it is used for, usually by class; and
- a warning that unauthorised use, imitation or infringement will be pursued.
There is no application and no examiner. The notice is an assertion, published. Nobody checks whether the mark is distinctive, whether someone else has a better claim, or whether an identical notice ran last year.
What it actually achieved
Honestly assessed: notice, deterrence and a dated record.
Notice. A third party adopting the mark afterwards cannot easily claim ignorance, which matters in a passing-off style argument.
Deterrence. For most ordinary commercial actors, a published claim from a visible brand is enough to make them choose a different name.
A dated record. This is the part that still has value. A notice is public, dated, and tied to a named publication — contemporaneous proof that you claimed the mark in the Maldives on a particular day.
What it never achieved was an exclusive right. There was no register to be on, so there was nothing to enforce except common-law arguments and the practical weight of the publication.
Local recordal at the Ministry
Alongside the notice, local resident companies and individuals could record a mark with the Ministry of Economic Development, after first securing business-name registration there.
Foreign owners could not use that route, which is why cautionary notices became the foreign brand owner’s only option. Holders of Ministry recordals are reported to need a regularisation application during the transition — see the transition to registration.
Should you still publish one now?
Yes, in two situations, and the reasoning is about evidence rather than rights.
If you are in the Maldivian market and have never published. You have weeks before the Act commences, and the transition makes prior use evidential. A notice published now creates a dated public record that you were asserting the mark before the register opened. That is a small cost against a possible opposition.
If your notices have lapsed. A gap in the sequence is a gap in the evidence. Re-publishing closes it.
What a notice published today will not do is secure you anything on 11 November. It will not reserve a place, it will not create priority, and it will not substitute for an application. It is evidence you are laying down for a dispute you hope not to have.
What changes at commencement
From 11 November 2026, protection comes from registration at MIPO on a first to file basis. Past use and published cautionary notices may serve as evidence in opposition or cancellation proceedings but do not create statutory rights.
The practical shift for brand owners who have relied on notices for years:
| Before 11 Nov 2026 | After | |
|---|---|---|
| How you claim a mark | Publish a notice | File an application |
| What you hold | A public assertion | A statutory right |
| Who wins a conflict | Argued on the facts | Generally, whoever filed first |
| Cost of doing nothing | Gradual erosion | Someone else owns your brand |
Keep the file
Whatever else you do, assemble the record now:
- Every notice ever published for each mark, with the date and the publication.
- Proof of publication — tear sheets, invoices from the newspaper, PDFs.
- Continuity — a sequence showing the claim was maintained rather than asserted once in 2011.
During the transition this file is what turns “we have been here for years” into something a tribunal can act on. It is far easier to collect now, while the relationships with the publications are live, than during an opposition in 2027.
Frequently asked questions
What is a cautionary notice? A published newspaper announcement claiming ownership of a mark and warning third parties against using it. It was the Maldives’ only trademark protection route before the Trademarks Act.
Does a cautionary notice give me exclusive rights? No. There was no register, so no statutory right. It gives notice, deterrence and a dated public record.
What language must it be in? Dhivehi and English.
How long does publication take? About three to four weeks in practice, with cost driven by the length of the notice and the number of classes.
Is it worth publishing one now, weeks before the Act commences? If you are in the market and have never published, or your notices have lapsed, yes — as evidence. It will not reserve anything on the new register.
Will my notices convert into a registration? No. They may be used as evidence in opposition or cancellation proceedings, but you must file an application within the twelve-month transition window.
Useful official resources
- Maldives Intellectual Property Office
- Maldives Government Gazette — the Act as published
- Trademarks Act, Law No. 19/2025
See our related notes on the transition to registration, trademark protection in the Maldives and filing a trademark.
Need a notice published before the Act commences, or a use file assembled for the transition? Talk to us.