2 Trade marks
Intellectual Property (Unjustified Threats) Act 2017 (2017 c 14) | Legislation

Trade marks

2  Trade marks

(1)     The Trade Marks Act 1994 is amended as follows.

(2)     For section 21 (remedy for unjustified threats of infringement proceedings) substitute—

“Unjustified threats
21 Threats of infringement proceedings

(1)     A communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the communication that—

(a)     a registered trade mark exists, and

(b)     a person intends to bring proceedings (whether in a court in the United Kingdom or elsewhere) against another person for infringement of the registered trade mark by—

(i)     an act done in the United Kingdom, or

(ii)     an act which, if done, would be done in the United Kingdom.

(2)     References in this section and in section 21C to a “recipient” include, in the case of a communication directed to the public or a section of the public, references to a person to whom the communication is directed.

21A Actionable threats

(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)

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