Trade Marks Ordinance, 2001 — section 52

52. Remedy for groundless threats of infringement proceedings..—_(1) Where a person threatens to bring an action against another person on the ground that the other person has infringed

(a)a registered trade mark; or

(b)a trade mark alleged by the person to be registered, any person aggrieved by the threat may bring proceedings for relief against the person making the threat.

(2)The relief may be applied for any of the following, namely:

(a)a declaration that the threats are unjustifiable;

(b)an injunction against the continuance of the threats; or 1 Subs. by Act No. LVIII of 2023, s.14.

(c)damages in respect of any loss he has sustained by the threats.

(3)The plaintiff shall be entitled to any relief specified in sub-section (2) unless the defendant shows that the acts respect in respect of which proceedings were threatened constitute, or if done would constitute, an infringement of the registered trade mark concerned.

(4)If that is shown by the defendant, as provided under sub-section (3), the plaintiff shall be entitled to any relief specified in sub-section (2), if he shows that the registration of the trade marks is invalid or liable to be revoked in a relevant respect.

(5)The mere notification that a trade mark is registered, or that act application for registration has been made, shall not constitute a threat of proceedings for the purposes of this section.

(6)The provisions of this action shall not make a lawyer, advocate or attorney liable to an action for an act done in his professional capacity on behalf of a client. CHAPTER VI.___IMPORTATION OF INFRINGING GOODS, MATERIAL OR ARTICLES