The DPIIT’s Draft Trade Marks Manual 2026 fails to address critical issues around AI-generated marks and inconsistent examination practices, raising concerns about predictability in trademark registration.
Concerns Over 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 comment. While the 200-page document updates the 2015 Manual with new guidance on non-traditional marks, it omits clear standards for examining AI-generated marks and fails to resolve inconsistencies in the treatment of graphical user interfaces (GUIs) and animations.
Notably, the draft does not define ownership or inventorship criteria for marks created autonomously by artificial intelligence, leaving examiners without guidance on assessing distinctiveness or potential infringement risks. Additionally, the manual retains ambiguity on whether dynamic icons qualify as registrable ‘designs’ under the Designs Act, 2000, despite evolving case law like NEC Corporation v. Controller of Patents. This creates uncertainty for applicants in digital product markets.
Legal practitioners should anticipate increased disputes over mark registrability unless these gaps are addressed. The final manual must incorporate principles from emerging global practices and judicial interpretations to ensure coherence with India’s innovation ecosystem, particularly in software, fintech, and AI-driven branding.
Citations
- Trade Marks Act, 1999
- NEC Corporation v. Controller of Patents
