Maldives Enacts Landmark Trademark Act to Replace Cautionary Notices with Formal Registration System

On November 11, 2025, the Republic of Maldives enacted the Trademark Act (Law No. 19/2025), instituting the nation’s first comprehensive statutory framework for trademark protection. This landmark legislation will come into force 12 months later, on November 11, 2026, replacing the longstanding informal practice of publishing cautionary notices with a modern, formal registration system.

The new Trademark Act aligns Maldives’ trademark law with international standards by introducing a robust examination procedure, structured opposition processes, and clear remedies for infringement and counterfeiting. It marks a significant modernization of the country’s brand protection landscape, providing rights holders with statutory certainty and enforcement mechanisms previously unavailable.

The Trademark Act will operate alongside the Maldives Intellectual Property Office Act 2025 (Law No. 12/2025), which establishes the institutional infrastructure for intellectual property administration. This complementary legislation is set to take effect on January 1, 2026, laying the groundwork for the operational management of trademark registrations.

While the detailed regulations covering procedural rules, fees, and operational requirements have yet to be published, they are mandated to be in place no later than May 11, 2027. These regulations are expected to clarify transitional arrangements and practical implementation details.

The Act adopts a broad definition of a trademark as “any sign capable of distinguishing the goods or services of one undertaking from those of another.” This includes names, letters, numbers, figurative elements, symbols, shapes, patterns, and combinations thereof, ensuring comprehensive protection for diverse brand identifiers.

Importantly, the Act provides for claiming convention priority; however, the Maldives has not yet acceded to the Paris Convention, which may affect the practical application of this provision.

Notably, the legislation does not include express transitional provisions addressing existing cautionary notices. As a result, trademark owners cannot claim statutory priority or seniority based solely on prior cautionary notice publications. Nevertheless, these publications may serve as valuable evidence of prior use and established rights during examination or disputes concerning trademark validity and ownership.

Given this uncertainty, trademark owners are strongly advised to maintain their existing cautionary notice publications until the new registration system is fully operational.

Reports indicate a 12-month transitional period from November 11, 2026, to November 11, 2027, during which owners relying on cautionary notices must formally register their marks to preserve their prior rights. However, without explicit transitional provisions granting priority or seniority to cautionary notices, the mechanism for preserving such rights remains unclear. Clarification is anticipated upon the publication of the implementing regulations.

The enactment of the Trademark Act represents a historic step forward for the Maldives, replacing an informal and uncertain cautionary notice system with a formalized, statutory trademark registration regime. Rights holders should proactively review their trademark portfolios and prepare for the transition to safeguard their brand assets under the new legal framework.