Cap. 597 Art. 25Remedy for groundless threats of infringement proceedings.

(1) Where a person threatens another with proceedings for infringement of a registered trademark other than-

(a) use of the mark on goods or their packaging;

(b) the importation of goods to which, or to the packaging of which, the mark has been applied; or

(c) the supply of services under the mark, any person aggrieved may bring proceedings for relief under this article by sworn application before the Civil Court, First Hall.

(2) The relief which may be applied for is any of the following -

(a) a declaration that the threats are unjustified;

(b) an injunction against the continuance of the threats;

(c) damages in respect of any loss he may have 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 done would constitute, an infringement of the registered trademark concerned.

(3) Where the defendant shows that the acts in respect of which proceedings were threatened constitute or would constitute an infringement of the registered trademark, the plaintiff shall nevertheless be entitled to relief if he shows that the registration of the trademark is invalid or liable to be revoked.

(4) The mere notification that a trademark is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this article.