The Draft Trade Marks Manual 2026, while updated, fails to address AI-generated marks, predictive classification, or algorithmic examination. Experts urge DPIIT to revise it before finalisation.
Draft Trade Marks Manual 2026 Lacks Clarity on AI Use
The Department for Promotion of Industry and Internal Trade (DPIIT) released the Draft Manual on Trade Marks: Practice & Procedure 2026 on August 21, 2026, for public consultation. The 200+ page document aims to modernise examination guidelines, replacing the 2015 version. While it incorporates changes on digital evidence and e-filing, experts observe critical gaps—especially regarding artificial intelligence’s role in use, examination, and enforcement of trademarks.
Notably, the draft does not address AI-generated marks, use-in-commerce by bots, or challenges in proving distinctiveness in algorithm-driven markets. It also omits guidance on AI tools used internally by the Trade Marks Registry, raising transparency concerns. Additionally, proposed changes to graphical user interface (GUI) examination lack clarity on functionality tests and prior art searches in digital design spaces.
For practitioners, the absence of policy on automated use risks uncertainty in prosecution and opposition proceedings. As AI agents increasingly file, monitor, and enforce marks, the final manual must define standards for human oversight, attribution, and evidence of use. Legal teams should submit comments urging DPIIT to integrate AI-specific provisions aligned with global best practices and constitutional accountability.
