Maldives
Currently, the Maldives operates under a hybrid system for IP protection. While there is no specific trademark law for foreign applicants, protection is offered through Common Law principles, particularly the doctrine of 'passing off'. This approach involves the publication of cautionary notices to establish public awareness of IP ownership.
Business Name Registration
Local applicants seeking recognition as a Business
Cautionary Notices
Foreign applicants notifying general public of their brand
Local Legislation
The Ministry of Economic Development is the primary government body overseeing intellectual property matters in the Maldives, specifically for local applicants, i.e., Maldivian businesses. At present, there exists no Maldivian Trademark law for foreign and local applicants.
WIPO Treaties and International Protection
As a result of no IP laws in Maldives, the country is not part of any international organisation or signatory to WIPO Treaties.
Local Applicants
Local applicants, i.e., residents nationals and companies, have the option file for a business name registration and/or business logo registration should the applicant wish to protect their brand.
This registration takes places before the Ministry of Economic Development of Maldives.
The equivalent of word mark registrations would require the applicant filing just a business name registration. However, should the applicant decide to protect a device mark (logo), they must file both a business name registration and logo registration.
Foreign Applicants
Foreign applicants seeking protection in Maldives may only publish a Cautionary Notice, notifying the general public of their establishment.
A cautionary notice usually contains, the mark (word or device) followed by supporting goods/services classification. The cautionary notice will be published in the leading local newspaper and must be published in both English and Dhivehi (local language).
A single notice may include multiple marks and/or multiple classes belonging to the same proprietor. There is no requirement of renewal, however applicants frequently using their brand are suggested to publish a cautionary notice every year, following the same procedure.
There is no scope of formal opposition, searching cautionary notices or removal of trademarks as there exists no IP law.
Formal Requirements:
Applicants do not need a power of attorney or notarisation for publishing a cautionary notice in the local newspaper.