Everyone’s favourite Blue Paradise, the Republic of Maldives, is entering a new era of trademark protection. In a significant recent development, the Maldives has enacted its first comprehensive trademark law. Maldives is now moving away from decade old system of “cautionary notices” and now joining the modern trademark registration system aligned with international standards.
The Sunset of the Cautionary Notice Regime:
Traditionally, as a Commonwealth jurisdiction following the common law system, trademark protection in the Maldives was primarily based on the common law tort of passing off. Trademark rights were customarily claimed through the publication of cautionary notices in local newspapers in both English and the Dhivehi language, serving as a public declaration of ownership rather than a statutory right.
However, there appears to be no reported judicial precedent till date, based on publicly available information, substantiating the effectiveness of the “cautionary notices” practice to put in effect the trademark rights under the tort of passing off or otherwise. While the publication of a cautionary notice in accordance with Maldivian common law practices functioned as a means of notifying the public of trademark ownership, its legal significance remained principally vetoed. Nevertheless, as per the prevailing understanding of the practice, it was generally believed that, in the event of an alleged infringement, the publication of a cautionary notice could theoretically serve as evidentiary support to demonstrate that the trademark owner had taken steps to make its rights known to the public. However, the absence of a formal trademark registration framework resulted in limited legal certainty and weak prosecution mechanisms for rights holders selling their goods and offerings services in Maldives.
Sunrise of New Trademark framework with the establishment of MIPO in Maldives:
In a significant legislative milestone, the Government of the Republic of Maldives, on 11 November 2025, established the country’s first dedicated intellectual property authority known has “The Maldives Intellectual Property Office (MIPO)”. The formation of MIPO marks the formal introduction of a statutory trademark registration system, bringing the Maldives in line with internationally recognised trademark protection frameworks.
Under the newly enacted regime, the Maldives has adopted a first‑to‑file system, under which trademark rights will be conferred through registration rather than mere prior use or public notice. Trademark registrations will be valid for a period of ten (10) years and will be renewable for successive ten‑year terms, subject to compliance with renewal requirements.
The Trademark Act (Law No. 19/2025) introduces a comprehensive framework governing all aspects of trademark protection, including filing, examination, opposition, registration, and renewal procedures. It further provides for a robust enforcement mechanism, incorporating both civil and criminal remedies for trademark infringement. The Act also introduces border enforcement measures, penalties and fines for counterfeiting and related offences.
The Trademark Act was ratified on 11 November 2025 and published in the Government Gazette. The implementing regulations, including detailed procedures, prescribed forms, and official fee schedules, are expected to be notified in advance of the opening of the trademark register, presently anticipated around November 2026 (subject to governmental confirmation). Importantly, the Act provides a twelve‑month transitional period, running from 11 November 2026 to 11 November 2027, during which all trademarks previously asserted through use or protected via cautionary notices must be re‑filed under the new system in order to maintain protection.
While cautionary notices may continue to be used on a temporary basis, they will cease to have any protective effect once the registration system becomes operational. Accordingly, reliance on cautionary notices alone will no longer suffice to safeguard trademark rights in the Maldives.
End Note:
In light of these developments, trademark owners and brand holders are strongly advised to proactively review their existing trademark portfolios in the Maldives, identify key marks requiring re‑registration during the transitional period, and plan for new trademark filings at the earliest opportunity once the register is opened. Early action will be critical to preserving brand protection and securing priority under the newly established first‑to‑file regime.
Authored by: Ms. Swagita Pandey Tewari
Leave a Reply