Trademarks in Maldives
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
Trademarks in Maldives are designated by the following symbols:
™ (for an unregistered trademark, that is, a mark used to promote or brand goods)
℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
® (for a registered trademark)
The owner of a registered trademark may commence legal proceedings against trademark infringement of its mark.
|Relevant Office||No Administrative Body|
|Law in Force||No Statutory Law|
|Multi – Class System||N/A|
|Registration Process||Trademark protection in Maldives is by way of publication of a caution notice in Common Law under which a Trademark Caution Notice has to be filed in a leading Newspaper in Maldives.|
A trademark search can be conducted in Maldives by enquiring with the Ministry of Economic Development. Prior to publication of the mark in the local newspaper in Maldives, it is advisable to conduct a trademark search with the Maldives of Economic Development to ascertain the availability of deceptively similar trademarks, existence of prior identical/similar marks on the register etc.
Trademark searches in Maldives can be classified into following categories:
- Word Search
- Device Search
Trademark Applications in Maldives
At present, Maldives does not have any specific trademark law. Therefore, an application for registration of a mark cannot be filed. However, as a common practice, protection of a trademark is by way of publication of Trademark Cautionary Notice is local newspaper cautioning the general public and trade about the ownership of a trademark.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property.
Priority application can be filed in Maldives within 6 months of after the date on which the application was made in the Convention Countries. The trademark shall, if registered under the Act, will be registered as of the date as which the application was made in the Convention Country and that date shall be deemed for the purpose of the Act to be the date of registration.
In the absence of trademark law, there is no procedure for initiating opposition proceedings against similar marks.
Trademark Registration and Renewal
In the absence of specific trademark law, protection of a trademark is by way of publication of Trademark Cautionary Notice in local newspaper.
Any person who claims to be the proprietor of the trademark can publish Trademark Cautionary Notice in local newspaper of Maldives cautioning the general public and trade about the ownership of the mark.
In the absence of trademark law in Maldives, there is no statutory term for which a trademark is registered. However, the common practice in Nepal is publish a Trademark Cautionary Notice after every 5 years.
The procedure for registration of a Trademark in Maldives is as follows:
Registration a Trademark in Maldives- In the absence of specific trademark law, protection of a trademark in Maldives is by way of publication of Trademark Cautionary Notice in local newspaper thereby cautioning the general public and trade about the ownership of the mark.
Official Examination of a Trademark in Maldives/ Issuance of Office Action – In the absence of trademark law in Maldives, a trademark is not official examined.
Publication / Advertisement of a Trademark – In the absence of a trademark law in Maldives, there is no provision for publication of a mark in Trademarks Journal.
Opposition of Published Trademark – In the absence of a trademark law, there is no provision for initiating opposition proceedings against a similar trademark.
In the absence of trademark law, there is no statutory duration for registration of a trademark. However, the usual practice in is publication of Trademark Cautionary Notice in local newspaper after every 5 years.
There is no specific trademark law in Maldives.
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Trademark in Maldives FAQs
- Can a trade mark be removed from the Maldives trademark register because of it not being in use after registration?
- Does the Maldives Trademark Act bestow protection to un- registered trademarks?
- Where can a Declaration of Ownership of Trademark for registration of trademark in Maldives be filed?
- Whether foreign proprietors can register their trademark in Maldives?
- What is a Collective mark?
- What is a Service mark?
- How the Symbols ® and TM are to be used in Maldives?
- What are the benefits of a registered trademark in Maldives?
- What are the Qualities of a Good Trademark in Maldives
- Maldives Trademarks Act