Introduction and Purpose of the Act

The Trademark Act (hereinafter referred to as “the Act”) establishes a comprehensive trademark registration and protection system in the Maldives. The purpose of the Act is to provide clarity and legal certainty for businesses by setting out the procedures for filing and maintaining trademarks, defining the rights granted to owners of registered and unregistered marks, and establishing remedies against infringement.

The Act was ratified on 11 November 2025 and shall come into effect 12 (twelve) months from the date of ratification (i.e. 11 November 2026). The Act further requires that all regulations to be made under it be issued within 6 (six) months from the date the Act comes into effect.

This memorandum highlights the key practical points that businesses should understand when operating under the new law.

Definition of a Trademark and Scope of Rights

A trademark includes any sign capable of distinguishing the goods or services of one business from another. This extends to words, letters, numbers, images, shapes, colours, and combinations thereof, as well as certification marks and collective marks.

Exclusive rights arise through registration, allowing the owner to prevent unauthorised use of identical or confusingly similar signs in a way that may mislead the public or dilute the value of the trademark. Well-known marks receive broader protection, even for different classes of goods or services.

Application and Registration Process

Filing Requirements

To file a trademark application under the Trademark Act, an applicant must submit an application to the Registrar of Intellectual Property using the prescribed form together with the information and documents required by the regulation.

The Act outlines the information that must accompany the application, including the applicant’s name and address, nationality or registration details (where relevant), and the details of any appointed representative. The application must also include a clear graphic representation of the mark, any required statements about special conditions or colour claims, a translation in English or Dhivehi where applicable, and a list of the goods or services for which the mark will be used. The filing fee and any additional information required by the regulation must also be provided.

The Registrar will issue a filing date once the application shows an intention to register a mark, identifies the applicant and their contact details, clearly sets out the mark to be registered, and lists the goods or services covered. These elements form the basis on which the filing date is established, which is important as it determines the applicant’s priority in the registration process.

Priority Claims

The Trademark Act allows applicants to claim priority in two situations. First, if an applicant has already filed a trademark application for the same mark in a country that is a member of the Paris Convention or the WTO, they may claim the same filing date in the Maldives, provided the goods or services are identical. This priority claim must be made when filing in the Maldives and supporting documents - such as a certified copy of the foreign application, an English translation if needed, and a filing date certificate - must be submitted within three months.

Second, a similar priority right applies where goods or services have been displayed under the mark at an official or internationally recognised exhibition. In such cases, the applicant may claim the date of first display as the effective filing date, provided the goods or services are the same as those exhibited, and evidence of the exhibition is submitted within three months of filing in the Maldives. Importantly, exhibition priority does not extend the six-month period available for foreign-filing priority.

Examination, Publication and Opposition

The Registrar examines all trademark applications to verify that they meet the formal requirements of the Act, comply with the conditions for registration, and satisfy any claimed priority rights. If the Registrar identifies any deficiencies, applicants are given an opportunity to correct them, typically one month for applicants residing in the Maldives and two months for applicants residing abroad. Once the Registrar is satisfied that the application is in proper form, it is published for public notice. Any interested party may then file an opposition within three months of publication on grounds such as similarity to an earlier registered or pending mark, bad-faith filing, conflict with a well-known mark, or conflict with existing copyright or industrial design rights. Applicants are given a further three months to respond to any opposition.

Grounds for Refusal of Registration

The Act provides both absolute and relative grounds on which a trademark may be refused registration. Absolute grounds include marks that lack distinctiveness, consist only of descriptive or generic terms, refer solely to functional product shapes, mislead the public, include state emblems or protected symbols without permission, or are otherwise prohibited under Maldivian law. A mark that has acquired distinctiveness through long-term use may nevertheless be accepted.

Relative grounds for refusal, which concern conflicts with earlier trademark rights. These include marks identical or similar to existing registered or pending marks where confusion is likely, imitation of well-known marks, applications filed in bad faith, and conflicts with copyright or design rights. The Act also protects users of unregistered marks who have used their mark in good faith in the Maldives for at least six months and can demonstrate an established customer base.

Registration, Duration and Renewal

Where an application successfully passes examination and opposition, the Registrar registers the trademark, issues a certificate, and publishes the registration. Registrations are valid for ten years and may be renewed in further ten-year increments. A six-month grace period is available for late renewals, subject to additional fees. If no renewal is filed during this period, the registration automatically expires.

Amendments, Cancellation and Revocation

The Act allows for modification and challenge of registered trademarks. A registration may be cancelled if the sign does not fall within the definition of a trademark or if absolute or relative grounds for refusal are established. Applications based on relative grounds must generally be filed within five years, unless the mark was filed in bad faith.

A mark may also be revoked if it has not been used for five consecutive years without adequate reason, has become generic due to the owner's conduct, or is used in a manner that misleads the public. Importantly, use of a mark on goods intended solely for export is considered valid use.

Transfer and Licensing of Trademarks

Any change in the ownership of a trademark - whether registered or still under application - must be recorded and published with the Registrar to be enforceable against third parties. Such requests may be made by the registered owner or transferee and must comply with regulatory requirements. Licences granted to third parties for use of a registered mark may also be recorded with the Registrar, and recording is essential for ensuring enforceability and establishing transparency regarding authorised users.

Certification and Collective Marks

The Act also recognises certification marks, which indicate that goods or services meet specific standards of quality, origin, or manufacture, and collective marks, which identify goods or services originating from members of an association or group. The rules governing the use of such marks must be submitted with the application and recorded with the Registrar.

Enforcement Measures

Infringement and Enforcement

The Act defines trademark infringement broadly to include unauthorised use of identical or confusingly similar marks, as well as use of signs similar to well-known marks even for unrelated goods or services. The Act also sets out the remedies available through the courts, including interim injunctions, evidence-preservation orders, damages, destruction of infringing goods, and disclosure of information regarding suppliers or distributors involved in infringement. Trademark owners generally have five years from becoming aware of an infringement to initiate legal proceedings.

Customs Enforcement

The Act provides strong border-control protections for rights holders. Trademark owners may request the Maldives Customs Service to detain suspected counterfeit or infringing goods. Customs must decide on the application within three days where adequate information is provided and may detain the goods for up to ten days, subject to extension. The rights holder must initiate court proceedings for continued detention. Rights holders may inspect detained goods, and courts may order destruction or removal of such goods from the market. All costs associated with storage or destruction are borne by the importer. Customs is not liable for good-faith errors.

Criminal Liability

The Act establishes criminal offences for counterfeiting trademarks or dealing in counterfeit goods. Penalties include fines ranging from MVR 100,000 to MVR 2,000,000, and the court may order the confiscation or destruction of infringing goods, packaging materials, or equipment used to produce counterfeit items.

Transitional Requirements

All trademarks registered before the Act comes into force must be re-filed under the new system within twelve months. Any mark not re-filed within this period will be deemed cancelled. Businesses should therefore begin preparing to transition their existing marks into the new registration framework.

Practical Guidance for Businesses

Businesses should review their trademark portfolios and plan for timely re-registration during the transition period. It is advisable to file early for any unregistered marks that are important to branding or market positioning and to ensure trademarks are actively used to avoid the risk of revocation. All assignments and licensing arrangements should be recorded to maintain legal enforceability. Companies should also monitor trademark publications for potentially conflicting filings and make use of Customs enforcement where counterfeit imports pose a risk. Care should be taken to avoid using symbols or signs that fall under prohibited categories, such as state emblems or protected insignia.

 

Authors

Aishath Lamya Aslam

Mariyam Zaamaa Zaid