DPIIT's Draft Trade Mark Manual 2026, though updated, fails to address key issues like AI use, AI-generated marks, and public participation.
Draft Trade Mark Manual 2026 Needs Reforms
The Department for Promotion of Industry and Internal Trade (DPIIT) released the Draft Manual on Trade Marks: Practice & Procedure 2026 in August 2026, inviting public feedback. While the manual updates the 2015 version and spans over 200 pages, critics argue it overlooks emerging challenges, particularly concerning AI-generated trademarks and algorithmic decision-making in examination.
The draft introduces new sections on non-traditional marks and digital evidence but lacks clarity on registrability of AI-created marks, ownership issues, and the use of AI by the Registry to process applications. Stakeholders also note insufficient mechanisms for public participation in examination and opposition.
For trademark attorneys, this signals a need to advocate for rule changes that ensure predictability and fairness in AI-influenced environments. The final manual should reflect technological realities while safeguarding procedural justice.
