For decades, protecting a brand in the Maldives meant publishing a cautionary notice and hoping. That era is ending. The new Trademarks Act creates a statutory register, a real opposition procedure, and criminal penalties for counterfeiting — and it switches the country to first-to-file, which makes the filing date matter more than the years of use behind your brand.
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 administering authority. All registrations, renewals, assignments, licences and transactions are entered on this publicly accessible register.
For the first time the country operates a comprehensive statutory registration system, replacing reliance on cautionary notices and unregistered-rights principles.
Who may apply, and for what
The approach is inclusive: applications may be filed by owners of marks, authorised representatives and assignees, including foreign individuals and entities. Non-resident rights holders can now file directly in the Maldives.
The definition of a trademark is broad and aligned with international practice. Registrable marks include words, letters, numerals, logos, symbols, figurative elements, patterns and shapes, and combinations of these. Applicants must provide a clear representation of the mark, expressly declare any colour claim, and properly identify the goods and services.
Examination, publication and opposition
Applications are examined on absolute grounds (distinctiveness, descriptiveness, public policy) and relative grounds (conflict with earlier marks).
Once accepted, an application is published for a three-month opposition period. Third parties may object on grounds including conflict with earlier pending or registered marks, bad-faith applications, and conflict with well-known marks or other prior IP rights. An applicant then has three months to respond.
The detailed procedural framework — evidence rules, formalities, hearings and appeals — is left to regulations still to be issued.
Term, renewal and non-use
- Registrations run for 10 years, renewable indefinitely in 10-year terms.
- A six-month grace period is available for late renewal on payment of additional fees.
- A registration may be revoked for non-use over a continuous period of five years, absent valid justification. Evidentiary standards for use await the regulations.
Enforcement and penalties
The Act provides substantial enforcement tools. Infringement covers unauthorised use of identical or deceptively similar marks, and dealing in counterfeit goods — 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 attract criminal penalties, with fines from MVR 100,000 to MVR 2,000,000 — a deliberately strong deterrent. The State also has authority to seize counterfeit goods at the border, supporting proactive enforcement.
The transition — and the trap in it
This is where rights holders need to pay attention. Those relying on cautionary notices or prior use must file for registration under the new system within a 12-month transition period after the Act comes into force.
Past use and previously published cautionary notices may serve as evidence in opposition or cancellation proceedings — but they do not create statutory rights and do not guarantee registration. The Act adopts a first-to-file principle: ownership is determined primarily by filing date or priority claim, not by prior commercial use.
For a brand that has traded in the Maldives for years without registering, that is a genuine exposure. Someone else filing first will hold the statutory right, leaving the long-standing user to fight through opposition or cancellation using its history as evidence rather than as a right.
The timeline
- 11 November 2025 — the Trademarks Act was ratified.
- 1 January 2026 — the related Maldives Intellectual Property Office Act 2025 took effect, establishing the office that will handle registration.
- 11 November 2026 — the Trademarks Act comes into force, twelve months after publication. Applications can be filed from this date, assuming the institutional set-up is in place.
- By 11 May 2027 — implementing regulations, fee schedules, application forms and full procedures must be published, within six months of commencement.
In practice, 11 November 2026 is the legal start date, but the system may take until early 2027 to become fully operational, depending on how quickly the regulations are issued. With commencement now roughly three months out, preparation should already be underway.
What rights holders should do now
- Identify the key marks requiring protection in the Maldives.
- Prepare filing strategies ahead of the November 2026 commencement — first-to-file rewards being ready on day one.
- Gather evidence of use if you may need to rely on prior rights in a dispute.
- Monitor MIPO for the regulations and fee schedules as they issue.
The takeaways
- Cautionary notices are being replaced by a statutory register administered by MIPO.
- First-to-file governs — prior use is evidence, not a right.
- Twelve months to transition from commencement on 11 November 2026.
- Counterfeiting carries criminal fines up to MVR 2,000,000, with border seizure powers.
Frequently asked questions
When does the Maldives Trademarks Act come into force? On 11 November 2026, twelve months after publication. The MIPO Act establishing the IP office took effect earlier, on 1 January 2026.
Do cautionary notices still protect my brand in the Maldives? They do not create statutory rights. Past notices and use may be evidence in opposition or cancellation proceedings, but rights holders must file for registration within the twelve-month transition period.
Is the Maldives a first-to-file or first-to-use country under the new Act? First to file — ownership is determined primarily by filing date or priority claim, not by prior commercial use.
How long does a Maldives trademark registration last? Ten years, renewable indefinitely in ten-year terms, with a six-month grace period for late renewal on payment of additional fees.