The Draft Trade Marks Manual 2026, released by DPIIT, faces criticism over gaps in guidance for examiners and applicants. Stakeholders urge clarification before finalization.
Experts Flag Gaps in Draft Trade Marks Manual 2026
The Department for Promotion of Industry and Trade (DPIIT) released the Draft Manual on Trade Marks: Practice & Procedure 2026 on 21 August 2026, inviting public comments within fifteen days. The 200-page document replaces the 2015 Manual and aims to standardize examination practices at the Trade Marks Registry. However, critics argue that the draft fails to resolve longstanding ambiguities, particularly in areas like classification, well-known marks, and use of AI-generated evidence.
One major concern is the lack of clear guidance on handling AI-assisted filings. While the manual acknowledges digital tools, it does not prescribe verification protocols for machine-generated translations or search reports. Additionally, the treatment of non-traditional marks—such as sounds, holograms, and animated GUIs—remains inconsistent with recent case law. Experts also note that the manual omits practical direction on forum shopping under the IPD Rules, leading to potential enforcement disparities.
With the final version expected before year-end, practitioners should prepare for potential shifts in examination standards. Until then, the absence of definitive rules may lead to variable outcomes across Registry offices. Applicants are advised to include robust declarations of use and provenance, especially for digitally created marks.
