rkdewan

 A concerning trend in  trademark filing  is unfolding within the global Trademark Registries. Increasingly, applications composed entirely of arbitrary or meaningless letter sequences, such as “HZTLPQYKGF” or “XQMPNJDHZT” are being submitted. On the surface, these applications may seem non-threatening. However, upon a closer perusal, these marks lack phonetic coherence, semantic meaning, or cultural association. This trend raises serious questions about the purpose of trademarks, the integrity of  intellectual property systems , and the broader impact on global commerce. The True Purpose of a Trademark A trademark is fundamentally a source of origin. It helps consumers distinguish the goods or services of one entity from those of another. The effectiveness of a trademark rests on its ability to be recognized, recalled, and associated with a particular source. Marks that are too abstract, obscure, or non-distinctive fail to serve this essential purpose. ...

  Introduction  As India transitioned into the neo-knowledge economy based on the creation and subsequent commercialization of Intellectual Property Rights (hereinafter the “IPR”), and the underlying product or process thereof, just and binding observations and interpretations of the corresponding  Indian Patent Act  (hereinafter the “Act”) are needed for a faster and flawless prosecution. Many of the sections in the Act are subject to individual interpretations, and in the absence of case law from a higher Court, such interpretations are tantamount to individual discretion, something a judicial system should avoid. Brief Facts of the Case Involving Section 3(j) of the Indian Patent Act One such unaddressed issue was the interpretation of Section 3(j), which has finally been clarified by the Hon’ble Calcutta High Court in the matter (SR/55/2020/PT/KOL) of BTS Research International Pty Ltd vs. the Controller of Patents & Designs & Ors. The petiti...