Trademark registration in Maldives

Elevate Your Brand in the Maldives: Comprehensive Trademark Registration Expertise. Maldives, a beautiful archipelago country in the Indian Ocean is an ideal tourist destination famous for its pristine tropical islands, fine white sand beaches, emerald green waters and diverse marine ecosystems, attracting international tourists to resort, scuba diving,  coral viewing,… The tourism industry is key to economic development in the Maldives, with tourism contributing 28% of GDP and more than 60% of foreign exchange revenues to the Maldives, creating many jobs and business opportunities for local people. The Maldives is located on an arterial sea freight route connecting South Asia, the Middle East and East Africa, offering the potential for trade and logistics development. Maldives is a member of many international organizations such as SAARC and BIMSTEC, which facilitate economic cooperation and attract foreign investment. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Maldives through the article below.

Trademark registration system in Maldives

Currently, the Maldives does not have an official trademark registration system like many other countries. Therefore, trademark protection is mainly based on some of the following forms.

Warning announcement

Cautionary notice is the most common method of trademark protection in the Maldives. The content of the warning disclosure includes:

• Trademark information includes: Brand Name, Logo (if applicable), Trademark Description and Branded Product or Service
• The declaration of ownership includes: The name and address of the trademark owner and the date the trademark began to be used
• Contact information: Provide contact information so others can contact the trademark owner if they have any questions or complaints.

How to publish alerts

• Prepare to publish alerts: Draft the disclosure as required above.
• Choose a reputable Maldivian newspaper: Choose a newspaper that has a wide circulation and is read by many people.
• Post a warning publication: File a warning publication with a newspaper for publication. Should post in both English and Dhivehi.
• Record keeping: Keep a copy of posted alert disclosures

Use of trademarks

In the Maldives, although there is no formal trademark registration system,  the practical and regular use of trademarks  in business plays an important role in protecting trademark rights.

How trademarks are used effectively:

• Branding on products and packaging: Clearly display trademarks on your business’s products and product packaging for easy identification by consumers.
• Use of trademarks in advertising and communication activities: Use of trademarks in advertising campaigns, marketing materials, websites and other communication channels to increase brand awareness.
• Use of trademarks in business documents: Print trademarks on invoices, delivery slips, contracts, and other business documents.
• Participation in trade shows and fairs: Display brands at trade events to reach potential customers and business partners.
• Market Monitoring: Monitor the use of your trademark in the market and take measures to combat trademark infringement.

Anti-trademark infringement

When cases of trademark infringement occur, enterprises can take some of the following methods

Send a warning message:

• Send a warning letter to the infringing party, asking them to stop using the applicant’s trademark immediately.
• Specify in the letter information about the applicant’s trademark, proof of use and claim for damages (if any).

Take the case to court:

• If the offending party fails to comply with the warning letter, the applicant can sue them in court.
• The court will consider the evidence and make a ruling on trademark infringement and pay damages.

Seek interim defense: In some cases, a claimant may ask the court to issue a temporary defense to prevent the infringing party from continuing to use the applicant’s trademark until the case is resolved.

International trademark registration

Trademark registration in another country does not automatically protect the applicant’s trademark in the Maldives. However, this is an important measure to protect the applicant’s trademark internationally, especially if the applicant plans to export the product or service to that country.

Here are the basic steps to register a trademark in another country:

Select a country:

• Identify the country in which the applicant wishes trademark protection.
• Priority should be given to countries with potential markets for the applicant’s products/services.
• Consider factors such as that country’s intellectual property laws, registration procedures, and costs.

Registration Ability Test:

• Before submitting an application, the applicant should check whether his trademark is eligible for registration in that country.
• A trademark search service can be used to check the availability of a trademark

Preparation of application documents:

• Registration documents usually include information about the trademark owner, a description of the trademark, a list of protected products/services, and trademark drawings.
• Application requirements may vary by country.

Submit an application

• File an application directly at that country’s trademark registrar or through an intellectual property agent.
• Pay the registration fee as prescribed.

Application Due Diligence

• The trademark registrar will evaluate the applicant’s application and may request additional information or amend the dossier.
• If the applicant’s application is approved, the applicant’s trademark will be registered and protected for a certain period of time.

Building a trademark registration system in Maltives

The Maldivian government has announced plans to develop the system and aims to have it completed by 2026.

Here is some information about the project to develop a trademark registration system in Maldives:

• Objective : This system aims to facilitate easier and more efficient trademark registration in the Maldives, while attracting foreign investment and promoting international trade.
• Scope of protection: This system is expected to protect trademarks for both products and services.
• Registration process: The registration process is expected to be done online, which simplifies the procedure and saves time for businesses.
• Application fee: The application fee is expected to be announced later.

Potential impact:

• The implementation of an international trademark registration system in the Maldives can bring many benefits to businesses, including:
  • More effective trademark protection: This system will provide businesses with official trademark protection in the Maldives, helping them fight trademark infringement and unfair competition.
  • Attracting foreign investment: This system will create a more transparent and safe business environment for foreign investors, encouraging them to invest in the Maldives.
  • Promote international trade: This system will make it easier for Maldivian businesses to export products and services to international markets.

However, there are still a number of challenges that need to be addressed before this system is fully implemented, including:

• Infrastructure development: It is necessary to build technical infrastructure to support the online trademark registration system.
• Raising awareness: Businesses and the public need to be raised awareness of the importance of trademark registration and how to use the new system.
• Human resource training: It is necessary to train staff to operate and manage the new system effectively.

Overall, the development of the international trademark registration system in the Maldives is an important step towards strengthening the intellectual property system and boosting the country’s economic development. Businesses should keep a close eye on updates on this project and proactively prepare to take advantage of the benefits that this system brings.

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