Trade Marks Act · 2022 Revised Edition · Part 1
22. Remedy for groundless threats of infringement proceedings
Official textFrom Attorney General's Chambers, unchanged
Where a person threatens another with proceedings for infringement of a registered trade mark other than —
the application of the mark to goods or their packaging;
the importation of goods to which, or to the packaging of which, the mark has been applied; or
the supply of services under the mark, any person aggrieved may bring proceedings for relief under this section.
The relief which may be applied for is any of the following —
a declaration that the threats are unjustifiable;
an injunction against the continuance of the threats;
damages in respect of any loss the person aggrieved has sustained by the threats, and he is entitled to such relief unless the defendant shows that the acts in respect of which proceedings were threatened constitute (or if done would constitute) an infringement of the registered trade mark.
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If that is shown by the defendant, the person aggrieved is nevertheless entitled to relief if he shows that the registration of the trade mark is invalid or liable to be revoked in a relevant respect.
registration
“registration” means, unless the context otherwise requires, registration in the register;
The mere notification that a trade mark is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purpose of this section.
Registered trade mark as object of property
Terms defined in s 2
infringement proceedings
Defined · s 2“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 18;
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
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Part 3
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Proceedings Relating to Importation of Infringing Goods
Part