On November 11 2025, the Republic of Maldives enacted the Trademark Act (Law No. 19/2025), creating the country’s first comprehensive statutory framework for trademark protection. This landmark legislation will come into force 12 months after its enactment, on November 11 2026, replacing the long-standing informal practice of publishing cautionary notices with a modern registration regime aligned with international standards. The act introduces a robust examination procedure, structured opposition processes, and remedies for infringement and counterfeiting.
The Trademark Act will operate in conjunction with the Maldives Intellectual Property Office Act 2025 (Law No. 12/2025), which establishes the institutional infrastructure for intellectual property administration and is set to come into effect on January 1 2026.
The regulations covering procedures, fees, and operational requirements have not yet been published, but they must be in place no later than May 11 2027.
Key features of the Trademark Act
The most notable aspects of the Trademark Act are as follows:
Broad definition of a trademark as “any sign capable of distinguishing the goods or services of one undertaking from those of another”, including names, letters, numbers, figurative elements, symbols, shapes, patterns, and combinations thereof;
Provision for certification and collective marks;
Provision for claiming convention priority (although it should be noted that the Maldives has not yet acceded to the Paris Convention);
Protection for well-known marks;
Examination on absolute and relative grounds;
Three-month opposition period from publication;
Ten-year registration terms;
Six-month grace period for renewal;
Vulnerability to cancellation for non-use after five years from registration;
Civil and criminal remedies for infringement and counterfeiting; and
Border control enforcement.
Status of existing cautionary notices
There are no express transitional provisions covering cautionary notices, which means that trademark owners should not be able to claim statutory priority or seniority for marks based solely on their publication history. On the other hand, it is anticipated that existing cautionary notice publications may serve as valuable evidence of prior use and established trademark rights when applying for formal registration. While this may not constitute legal priority under the act, such evidence could be relevant in examination proceedings or disputes regarding trademark validity and ownership.
In these circumstances, it is strongly recommended that trademark owners maintain their existing cautionary notice publications until the new registration system is up and running.
Transitional period
It has been reported that there will be a 12-month transitional period (from November 11 2026 to November 11 2027), during which trademark owners that previously relied on cautionary notices must formally register their marks in order to preserve their prior ‘rights’. In the absence of express transitional provisions granting priority or seniority rights to trademarks that were published as cautionary notices, it is difficult to see how this would work. Hopefully, the position will be clarified when the regulations are published.
Summary
The Trademark Act represents a historic modernisation of the Maldives’ brand-protection landscape. It introduces the country’s first formal registration system for trademarks and replaces the informal practice of publishing cautionary notices. With the act taking effect on November 11 2026, rights holders should review their portfolios and prepare for a timely transition to avoid loss of protection.
For more information, email info@spoor.co.uk.
