This is good news for brand owners active in this tourist hotspot. Currently, formal trade mark protection has only been available to locally incorporated businesses. Foreign entities have protected their trade marks in a more rudimentary way by publishing Cautionary Notices in local newspapers bringing attention to businesses and the general public of their trade marks.

The new law is a modern one providing for priority provisions both from foreign application first filings (the Maldives is a WTO member although has not yet acceded to the Paris Convention) and exhibition priority. Certification and collective marks will be available.

There will be a three-month opposition period and registrations will be granted and renewed for 10-year terms with revocation on the grounds of non-use available for marks that are not put to use for a continuous period of five years.

As the Maldives does not allow any law to be contrary to principles of Islam, applications for the likes of alcoholic beverages and bar services are unlikely to be allowed. Similar to what happens in Dubai, for example, brand owners can alternatively register their trade marks for non-alcoholic drinks in Class 32 and restaurant services in Class 43.

In relation to enforcement, the legislation provides for civil remedies against infringement including injunctive relief, damages, destruction of goods and disclosure of third parties involved in infringement.

It will also be possible to apply to the Maldives Customs Service to seize infringing products entering the market, and counterfeiting is a criminal offence punishable by fines.

The law is due to come into force on 11 November 2026, although regulations are yet to be published and therefore there could be a delay. However, the IP Office is due to commence operations in January and, so far, things are moving forward in a positive and timely fashion.

While the law contains a provision for local businesses to ‘convert’ any current registrations within 12 months, there are no transitional arrangements for foreign businesses that may have published Cautionary Notices to date.

Nevertheless, foreign businesses with interests in protecting their trade marks in the Maldives would be recommended to ready themselves.

We would suggest that businesses continue to publish Cautionary Notices as it could serve as evidence in application or opposition/dispute proceedings as even if it does not confer rights as such, it would serve as an indication of genuine commercial and legal interest in a mark.

The Maldives also provides for passing off rights for marks that are used locally and therefore collating evidence of local use available could also be helpful.

In addition to these interim steps, we would also suggest that they ready themselves to file applications at the earliest opportunity.