The short answer
India has not replaced its trademark law. The Trade Marks Act and the Trade Marks Rules, 2017 still govern registration. The 2026 developments are supplementary: e-KYC verification by IP India, procedural guidance for well-known marks, and a revised draft Practice and Procedure Manual.
What changed in 2026
A law-firm note published on 26 October 2026 (Maheshwari & Co.) describes the 2026 changes as supplementary rather than transformative. Some websites describe them as a full rewrite of the rules. The original note does not say that.
- e-KYC: an electronic verification process introduced by IP India.
- Well-known marks: IP India issued an SOP and procedural guidance.
- Practice and Procedure Manual: a revised draft is proposed, aiming at more uniformity and transparency.
e-KYC for applicants
The note says e-KYC places responsibility on applicants to keep their details accurate and complete the verification promptly. If your applicant details are wrong or unverified, expect delay.
Practical tip: check the applicant name, address and identity details before filing, and keep proof ready.
Well-known marks
The route did not change: Section 11 of the Act and Rule 124, with Form TM-M and evidence. What is new is the SOP, which explains how to organise evidence.
- Evidence of use
- Promotion and advertising
- Recognition by the public and the trade
- Registrations held
- Enforcement history
What is not confirmed
The original note gives no notification date, no effective date and no fee figures. It does not describe changes to opposition or classification. Treat claims of such changes on other sites as unverified until you see the official notification.
What foreign owners should do
Check applicant details
- Confirm name, address and identity match your company records.
Prepare evidence
- Keep use and reputation evidence ready if you rely on a well-known mark.
Check the official notice
- Read the IP India notification before relying on any summary.
Use a local attorney
- Ask a local attorney to file and monitor your application.
India trademark rules 2026: FAQ
Did India replace the Trade Marks Rules in 2026?
No. According to the Maheshwari & Co. note of 26 October 2026, the Trade Marks Rules, 2017 continue to govern registration in India.
What is e-KYC?
An electronic verification process introduced by IP India for applicants.
Did the well-known mark procedure change?
The route (Section 11, Rule 124, Form TM-M) is unchanged. IP India added an SOP on how to present evidence.
Need to file a trademark in India?
SUPREMEiP® files and monitors trademarks in India and worldwide. Write to us for a quote.
