India’s trademark authority takes aim at AI misuse in filings
06 November 2026
India’s proposed guidelines governing the use of artificial intelligence in trademark proceedings are attracting significant attention from practitioners, reflecting growing concern over the use of AI-generated content in legal and administrative processes.
Issued by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), the draft framework would require applicants, agents and advocates to disclose whether AI was used in preparing submissions. The proposals also seek to prevent the use of AI to generate, author and otherwise alter the substantive content of affidavits and to generate, fabricate, materially manipulate or digitally alter evidence, while placing responsibility on users to verify legal citations and factual claims.
The initiative follows increasing scrutiny of fabricated citations, manipulated documents and other risks associated with generative AI systems. It also responds to calls from the Delhi High Court for more comprehensive guidance addressing AI misuse and trademark squatting.
The CGPDTM said the guidelines are intended to preserve the integrity of proceedings. However, stakeholders have also raised questions regarding the practical application of several provisions, including disclosure obligations, treatment of AI-assisted translations and the proportionality of potential sanctions. Commentary published by SpicyIP has highlighted a number of these concerns.
The debate reflects a broader challenge confronting IP offices worldwide. Regulators increasingly recognise the productivity benefits that AI tools can offer, but are also grappling with how to prevent abuse without discouraging legitimate use. Striking the right balance remains an evolving task.
If adopted largely as proposed, the guidelines would establish a dedicated procedural framework for AI use in proceedings before India’s Trade Mark Registry. As consultations continue, the proposals are likely to be closely monitored by IP offices and practitioners beyond India.
- Asia IP
