Maldives – Ratification of the Trademark Act

Written By Richard Stilwell

Further to our previous update on the introduction of trade mark legislation in the Maldives, the Trademark Bill has now been ratified by the President (11 November 2025) and subsequently published in the Government Gazette.

The Trademark Act (Law No. 19/2025) will come into force 12 months from publication, on 11 November 2026. Accompanying guidelines and regulations must be published within six months of that date, meaning the registration system may not be fully operational until early 2027. However, the pace at which lawmakers have progressed the legislation suggests that the necessary guidelines may well be in place by November next year.

During the Parliamentary committee stage, only minor amendments were introduced, the most notable being a six-month grace period for renewal after expiry. The bill was passed unanimously.

Key features of the Act include:

  • Broad definition of a trade mark, allowing non-traditional signs

  • Provision for certification and collective marks

  • Priority claims available (despite the Maldives not yet acceding to the Paris Convention)

  • Examination on absolute and relative grounds

  • Three-month opposition period from publication

  • Ten-year registration term, renewable for further ten-year periods

  • Six-month post-expiry grace period for renewal

  • Protection for well-known marks

  • Vulnerability to cancellation for non-use after five years from registration

  • Civil and criminal remedies for infringement and counterfeiting

Although the system will operate on a first-to-file basis, the Act does contain mechanisms allowing reliance on prior use and common-law rights during opposition or invalidity proceedings. Businesses that have previously relied on cautionary notices should now begin preparing for formal filings as soon as applications become possible.

There have been conflicting reports regarding a potential 12-month transition period for trade mark owners who previously relied on cautionary notices. The Act itself does not refer to such a transition period, and therefore, we would advise against assuming that this will be available.

We would be delighted to discuss any of the above in more detail, or to advise on how the new Act may affect your trade mark strategy. Please contact our trade mark department or email admin@lysaght.co.uk.

Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department.  He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures. Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years. In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018. He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East.  In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.

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