The DPIIT’s Draft Trade Marks Manual 2026 updates procedural guidelines but omits clarity on AI-generated marks and digital branding. Stakeholders urge revisions before finalisation.
DPIIT’s Draft Manual Lacks Clarity on Emerging TM Issues
The Department for Promotion of Industry and Internal Trade (DPIIT) released the Draft Manual on Trade Marks: Practice & Procedure 2026 on 21 August 2026, inviting public feedback. The 200-page document replaces the 2015 version and aims to standardize examination practices at the Trade Marks Registry. Despite updates on e-filing and examination timelines, critics highlight omissions on AI-generated marks, non-traditional marks like holograms, and use of trademarks in metaverse environments.
The draft introduces guidelines on examination of graphical user interfaces (GUIs) and sounds, aligning with recent Registry practices. However, it fails to address inventorship issues when AI generates a mark, or the evidentiary standards for proving use in digital platforms. The absence of a framework for AI-assisted prosecution, such as automated responses or AI-used evidence, raises operational concerns.
Practitioners should note the proposed standardisation of examination objections and the emphasis on prima facie distinctiveness. However, until the gaps on digital and AI-related issues are resolved, applicants face uncertainty in protecting evolving brand forms. The final manual must incorporate guidance on digital footprint as use evidence and clarify ownership in AI-assisted creation.
Citations
- Draft Manual on Trade Marks: Practice & Procedure 2026, DPIIT
