Trademarks Law in Maldives
Sure! Here’s an overview of trademark law in the Maldives:
Trademark Law in the Maldives
1. Legal Framework
Trademark protection in the Maldives is governed by the Maldives Trademarks Act (Law Number 2/2019), which modernized the IP system.
The Maldives Ministry of Economic Development handles trademark registration and enforcement.
The Maldives is a member of several international agreements including:
The Paris Convention
The TRIPS Agreement
The Madrid Protocol (acceded in 2020)
2. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one enterprise from others.
This includes words, names, logos, letters, numerals, shapes, sounds, colors, and combinations.
3. Registration Process
Applications are submitted to the Maldives Ministry of Economic Development.
Process steps:
Formal examination for completeness.
Substantive examination for distinctiveness and conflicts with existing marks.
Publication for opposition (usually 2 months).
Registration if no opposition or after successful opposition defense.
4. Duration and Renewal
Trademark registration is valid for 10 years from the date of filing.
Registrations can be renewed indefinitely in 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark on registered goods or services.
Right to prevent unauthorized use or imitation.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks.
Enforcement is conducted by administrative bodies and the courts.
Remedies include injunctions, damages, seizure, and destruction of counterfeit goods.
Criminal penalties may apply for willful infringement.
7. International Registration
The Maldives is a member of the Madrid Protocol, allowing trademark owners to seek international protection designating the Maldives.
Foreign applicants can file directly or via the Madrid System.
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