India proposes major overhaul of trademark practice manual

India’s IP Office has opened a 15-day consultation on a revised draft trademark practice manual containing changes to filing procedures, opposition practice, digital processing and the treatment of prior-user and well-known marks.

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) has invited stakeholder comments on a Revised Draft Manual of the Trade Marks Office (Practice & Procedure).

The public notice, published on August 21, 2026, gives stakeholders 15 days from publication to submit comments and suggestions to the CGPDTM.

The draft represents a substantial update to the Indian Trade Marks Registry’s practice guidance. The CGPDTM’s existing trademark manual dates from 2015, while the new draft is dated June 30, 2026.

The consultation is particularly relevant for trademark practitioners because the draft addresses not only the filing and examination of applications, but also opposition proceedings, post-registration matters and the Registry’s increasingly digital processes.

What is changing?

The draft states that its purpose is to promote uniformity and consistency in the procedures involved in administering the Trade Marks Act, 1999.

It also makes clear that the manual is intended to operate as a guide: where its provisions are inconsistent with the Trade Marks Act or the applicable rules, the legislation and rules prevail.

Among the most significant changes is the incorporation of the Trade Marks Rules, 2017 and subsequent developments in Registry practice.

The draft also updates the description of how documents and applications are filed and processed, reflecting the increasing digitization of the Trade Marks Registry.

Opposition procedure expanded

Opposition proceedings receive greater attention in the revised draft.

The manual contains detailed material on the procedure following the filing of a notice of opposition, including the Registry’s electronic processing and service of documents.

The draft states that notices of opposition are entered into the Registry’s Tribunal module and that the notice and system-generated letter are served on the applicant by post or email.

For brand owners, this makes the proposed manual particularly relevant to contentious trademark work, where procedural requirements can have a direct impact on the progress of an opposition.

New chapter on prior use and well-known marks

One of the clearest additions is Chapter 7, addressing the concept of claiming prior user and well-known marks.

The chapter includes material on the concept and definition of a well-known trademark and the evidence relevant to establishing the status of a mark.

The focus on prior use is also significant because prior-user rights are an important feature of Indian trademark law and can be central to disputes between earlier users and subsequent applicants.

For international brand owners, the proposed guidance could therefore become an important reference when assessing the evidence required to support prior-use or well-known-mark claims in India.

Recent case law incorporated

The draft also contains references to recent Indian court decisions.

The CGPDTM says that case law is included where appropriate to facilitate understanding of the law and that the manual is expected to be updated in light of important judgments and decisions interpreting the legislation and rules.

This could make the revised manual a more useful practical resource for practitioners seeking to understand how Registry procedures interact with developments in Indian trademark jurisprudence.

Digital processing

The proposed manual reflects the continuing digitization of trademark administration.

Various filing, examination, hearing, renewal and other Registry processes are described in terms of electronic systems and system-generated communications.

The draft, for example, provides for hearing notices to be sent to applicants, agents or attorneys by email and describes the use of electronic systems in the handling of trademark proceedings.

For practitioners handling large international portfolios, formalizing these processes in the practice manual could be significant, particularly where portfolio management depends on reliable electronic communications with the Registry.

Short consultation period

The consultation period is notably short.

The CGPDTM has asked stakeholders to submit comments and suggestions within 15 days from publication of the public notice.

The comments are to be sent to the email addresses specified in the notice.

The trademark consultation follows the publication of a separate draft Patent Office practice manual, for which the CGPDTM has provided a 30-day consultation period.

Together, the two consultations point to a broader effort to update the Indian IP Office’s practice guidance.

For trademark practitioners, the immediate priority will be to review the revised draft for provisions that could affect filing, examination, opposition, prior-use claims and the evidence required to establish well-known status.

The final manual could become an important reference point for day-to-day practice before India’s Trade Marks Registry.

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