Introduction
There have been significant developments in the trademark framework in India in 2026. These developments carry significant weightage for all Intellectual Property stakeholders. It is also imperative to understand the difference between amendments to the existing statutory frameworks and Standard Operating Procedures (SOPs), digital-compliance measures, and procedural guidance rolled out recently.
Although, the statutory framework governing the trademark ecosystem is still under the Trade Marks Act, 1997 and the Trade Marks Rule, 2017, these developments shall complement the existing framework and provide for improvements in the compliances, digital infrastructure, procedure for registration and transparency in the registration process. Therefore, these developments should be considered supplementary changes rather than transformative changes.
Trademark Framework: Pre-2026 Position and 2026 Developments
Prior to these developments the framework was based on the Trade Marks Act 1997 and Trade Marks Rule 2017. The registration process generally involved conducting a trademark search, identifying the relevant class, filing the application, examination by the Trade Marks Registry, responding to objections, publication in the Trade Marks Journal, and, where no successful opposition was filed, final registration of the mark. Although the option of online filing was available at concessional fees for eligible entities.
As stated above, these developments were not aimed to change the foundational groundwork of the Trade Marks Act 1997 and Trade Marks Rules 2017, they have placed an increased emphasis on standardising the procedures and digital compliance. The developments have introduced SOP’s and procedural guidelines aimed at standardisations of the process.
The Well-known trademark framework has been vastly improved due these developments by introduction of SOP’s for its applications. Previously, Section 11 of the Trade Marks Act and Rule 124 of the Trade Marks Rules allowed for application of Well-Known trademarks through filing the form TM-M along with relevant evidence. Although the process has not been changed, the SOP’s which provide and encourage well-organised evidence of use, promotion, market recognition, registrations, and historical enforcement, in this regard have provided the applicants with proper roadmaps thereby reducing the confusion for the applicants.
In addition to the e-KYC requirements rolled out in 2026 these developments have proposed additional electronic verification processes, technical protocols and communication compliance timelines. This step also places the onus of ensuring that their details are accurate to ensure that verification requirements are completed promptly.
The proposed revision of the Trade Marks Office Practice and Procedure Manual is also a significant shift. The revised draft manual aims to reduce the multiplicity to the existing framework and provide greater transparency and uniformity to the applicants.
Conclusion
The existing Trade Marks framework has been continuously evolving through these developments. The updates relating to well-known trademarks, e-KYC, digital processing, and the proposed revision of the Practice and Procedure Manual demonstrate that effective trademark protection extends far beyond merely obtaining registration. Businesses must also maintain accurate records, actively monitor Registry proceedings, preserve clear evidence of brand use, and adapt smoothly to evolving procedural requirements.
For businesses, these cumulative developments represent a definitive shift toward much more active trademark portfolio management. In addition to timely filing, responding to Examination Reports, and renewing registrations, businesses must now pay close attention to maintaining accurate digital records, completing applicable e-KYC requirements, closely monitoring Registry communications, and preserving robust evidence of trademark use and reputation. Ultimately, the 2026 developments represent an administrative and procedural evolution of India’s existing framework rather than a fundamental rewriting of trademark law.
Author: Akshi Seem, Assocaite Partner and Anushrut Singh Rajawat, Associate
FAQs
Have the Trade Marks Rules, 2017 been replaced in 2026?
No. The Trade Marks Act, 1999 and Trade Marks Rules, 2017 continue to govern trademark registration in India.
What has changed for well-known trademarks in 2026?
IP India has issued specific procedural guidance and an SOP for processing applications for determination of well-known trademarks.
What is e-KYC for trademarks?
E-KYC is an electronic verification process introduced by IP India to verify and maintain accurate stakeholder information with the Trade Marks Registry.
Where can businesses check the latest trademark updates?
Businesses should refer to official notifications, notices and guidelines issued by IP India and the Trade Marks Registry.
