Statutory Trademark Registration System Enacted

23 Jan 2026 | Newsletter

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Lara NouehidSaba IP, Maldives

The Maldives has enacted a new Trademarks Act, introducing a statutory trademark registration system and replacing reliance on cautionary notices and unregistered rights. The Act was ratified in November 2025 and is scheduled to enter into force 12 months after publication, in November 2026, subject to implementing regulations and operational readiness.

Institutional Framework

The Act establishes an official Register of Trademarks to be administered by the Maldives Intellectual Property Office (MIPO). The register will record applications, registrations, renewals, assignments, licences, and other transactions. The MIPO Act, which sets out the structure of the IP office, is expected to take effect from January 2026.

Registrable Marks and Filing

The definition of a trademark aligns with international standards and includes word, figurative, combined, shape, and pattern marks, provided they are capable of clear representation. Applications will require identification of goods and services and, where relevant, a colour claim. Foreign applicants will be able to file directly or through authorised representatives.

Examination, Opposition, and Maintenance

Applications will undergo examination on absolute and relative grounds. Accepted applications will be published for opposition within a prescribed period. Registrations will be valid for ten years, renewable for successive ten-year terms. Non-use for five consecutive years may render a registration vulnerable to revocation, subject to possible justifications. Detailed procedures will be defined in secondary legislation.

Transition from Cautionary Notices

The system will operate on a first-to-file basis. Rights currently supported by cautionary notices or prior use must transition to registration within a defined period following entry into force. While prior use and notices may be relevant in opposition or cancellation proceedings, they will not independently confer statutory rights.

Implementation Considerations

Operational commencement in November 2026 will depend on the issuance of regulations, fee schedules, and procedural guidelines. Rights holders may wish to assess portfolios and prepare for filing once the system becomes available.