The DPIIT’s Draft Trade Marks Manual 2026 introduces updates but fails to address key issues like AI-generated trademarks and algorithmic examination. Stakeholders urge clarification before finalisation.
Critique of the Draft Trade Marks Manual 2026
The Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Manual on Trade Marks: Practice & Procedure 2026 in August 2026, inviting public feedback. While the 200+ page document updates examination guidelines and includes sections on digital advertising and non-traditional marks, it omits critical guidance on AI-generated trademarks and algorithmic decision-making in prosecution.
The manual retains the 2015 framework for human authorship and inventorship, offering no position on whether marks created autonomously by AI qualify for registration under the Trade Marks Act, 1999. It also does not address how examiners should assess marks involving machine learning models or dynamic branding systems that alter based on user data. These gaps could lead to inconsistent rulings and legal uncertainty, particularly in the tech and e-commerce sectors.
Recommendations for Final Draft
Legal experts recommend that DPIIT incorporate principles from the USPTO and EUIPO on AI-assisted creation, distinguishing between AI-as-tool versus AI-as-creator. Clarity is also needed on disclosure requirements for AI involvement in mark generation. As India moves toward digital transformation of IP offices, the final manual must anticipate emerging tech challenges to prevent litigation and forum shopping.
Citations
- Trade Marks Act, 1999
