MALDIVES LAW AND PRACTICE Contributed by: Shaaheen Hameed, Hassan Maaz Shareef, Aminath Amathulla, Nazahath Ahmed, Isha Ali Raoof, Aifa Shareef, Noorul Hudha Ahmed and Mohamed Azmee, Premier Chambers LLP
by which a patent owner can register their patent in the country. 7.2 Trade Marks There is currently no trade mark-specific legisla - tion in the Maldives although a trade mark bill is currently being drafted by the Ministry. Despite this, a limited trade mark registration system is operational in the Maldives. Limited System of Registration As a matter of practice, a business may regis - ter a trade mark with the Ministry on the basis of a business name registered by the business before they register the trade mark. However, only businesses incorporated or re-registered in the Maldives may register these trade marks in the Maldives. Under Section 12 (a) of the Business Registration Act, any business activity may only be under - taken in the Maldives by a registered business entity after registering a business name under which the business activity will be undertaken. Under the Business Registration Act, the Regis - trar of Business can refuse to register any name. They can do so in the following situations. • Where the name is already registered by another business or the name is believed to be similar to a name already registered. • Where the name is registered as a trade mark by another party. • Where the name is a famous name outside of the Maldives and the registration of the business name may mislead the public into wrongfully believing that the name is associ - ated with the famous business carried on outside the Maldives. • Where the name contravenes acceptable community standards.
• Where the name, without using any additional word or phrase, depicts only a matter, place or thing that cannot be owned by a single party. • Where the name as determined by judgment of a court of law is prohibited from use as a business name. • Where the name is reserved to another party. • Where the name is a type of name that can - not be registered for reasons prescribed in regulation. Given that the registration of a business name must precede the registration of a trade mark, these restrictions will apply when registering a trade mark as well. Registration Process Applications can be made online to reserve a business name and then to register a business name via the oneGov portal after the prescribed fee has been paid. The current prescribed fee is MVR100 per business name registered. The registration process usually takes one to two business days. The registration of the business name will be valid for the entirety of the business entity’s registration. Applications can be made online to register or renew a trade mark via the oneGov portal after the prescribed fee has been paid. Trade marks may be registered for the period specified in the application, provided that the minimum period is 12 months. A non-refundable fee of MVR50 a month is currently payable. The registration process usually takes one to two business days. Publication of Cautionary Notices As a matter of practice, international businesses and trade mark owners and parties that are not incorporated nor re-registered in the Maldives in line with the Business Registration Act, from
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