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Trade Marks Act 1994

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[F121AActionable threatsE+W+S+N.I.

(1)Subject to subsections (2) to (6), a threat of infringement proceedings made by any person is actionable by any person aggrieved by the threat.

(2)A threat of infringement proceedings is not actionable if the infringement is alleged to consist of—

(a)applying, or causing another person to apply, a sign to goods or their packaging,

(b)importing, for disposal, goods to which, or to the packaging of which, a sign has been applied, or

(c)supplying services under a sign.

(3)A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a), (b) or (c).

(4)A threat of infringement proceedings is not actionable if the threat—

(a)is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to goods or their packaging, and

(b)is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those goods or their packaging.

(5)A threat of infringement proceedings is not actionable if the threat—

(a)is made to a person who has done, or intends to do, an act mentioned in subsection (2)(c) in relation to services, and

(b)is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those services.

(6)A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication.

(7)In sections 21C and 21D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.]

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Amendments (Textual)

F1Ss. 21-21F and cross-heading substituted for s. 21 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 2(2), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)

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