Section 53Part 7 — INFRINGEMENT AND LEGAL PROCEEDINGS
Remedy for groundless threats of infringement proceedings
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Where a person threatens another with proceedings for infringement of a registered trade mark other than where there is —
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,
an aggrieved person may bring proceedings for relief under this section.
An aggrieved person may apply for any of the following reliefs —
a declaration that the threats are unjustifiable;
an injunction against the continuance of the threats; or
damages in respect of any loss the aggrieved person has sustained by the threats,
and the plaintiff is entitled to such relief unless the defendant shows that the acts in respect of which proceedings were threatened constitute (or if carried out would constitute) an infringement of the registered trade mark concerned.
Pursuant to subsection (2), where a defendant shows that the acts constitute an infringement, the plaintiff is nevertheless entitled to relief if the plaintiff shows that the registration of the trade mark is invalid or liable to be revoked.
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 purposes of this section.