Maldives Trade Mark Update | Brand Protection And Filing Strategy In 2026

Key updates

After a longstanding practice of enforcing trade marks through common law and cautionary notices, The Republic of Maldives recently ratified its Trade Mark Act, on 11 November 2025. The Act, to take effect on 11 November 2026, introduces a comprehensive framework for key trade mark processes including filing, substantive examination, publication, opposition, renewals, assignments and licences. The Act adopts a broad definition of “trade mark” covering words, names, letters, numbers, figurative elements, colours and combinations.

From the effective date, the Maldives will operate a clear first‑to‑file rule, making early filing a priority for brand owners. Notably, the Act will allow foreign individuals and entities to file trade marks in the Maldives without requiring foreign investment approval.

Once registered, trade marks will remain in force for ten years from filing and are thereafter renewable for further ten‑year periods.

Transitional re-filing and recordal requirements

While authorities are expected to issue implementing rules and procedures within six months of the Act taking effect (i.e., around May 2027), industry reports indicate that there will be a 12‑month transitional window from 11 November 2026  to 11 November 2027 for trade mark owners, relying on cautionary notices, to re‑file their trade marks as formal applications. Accordingly, subject to confirmation of operational regulations in due course, it appears that all trade marks currently relied upon in the Maldives must be re‑filed under the new system during the above-mentioned transitional period, failing which they will be cancelled.

Additionally, any transfer of ownership (assignment) or permission to use a trade mark (licence) must be formally recorded with the Registrar before it can take legal effect against third parties.

Recommended next steps

In light of the above, businesses currently trading in or entering the Maldivian market should begin portfolio reviews now. To this end, we recommend identifying trade marks previously covered only by cautionary notices, confirming classes and specifications, and preparing evidence of prior use or reputation where relevant – this will ensure that applications can be lodged promptly once filings open under the first‑to‑file system in November this year.

Further, pending clarity on the transitional period, maintaining existing cautionary notices may still be helpful to evidence goodwill and prior use in examination, opposition or invalidity contexts. Additionally, entities with trade mark assignments or licences should ensure documentation is in order for timely recordal.

At ENS, we assist with trade mark portfolio audits, re‑filing strategy, class and specification mapping as well as assembling evidence of use and reputation to ensure timely, compliant filings. We are also able to manage renewals of cautionary notices in the interim and arrange the preparation and recordal of assignments and licences with the Registrar should you require assistance with this in due course.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.