Lawgist142Groundless threats of legal proceedings
(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the registered user of the trade mark, bring a suit against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark.
(2) The last preceding sub-section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub-section (1) of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark.
(3) Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.
(4) A suit under sub-section (1) shall not be instituted in any court inferior to a District Court.
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- 122 Protection of action taken in good faith
- 123 Certain persons to be public servants
- 124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc
- 125 Application for rectification of register to be made to Appellate Board in certain cases
- 126 Implied warranty on sale of marked goods
- 127 Powers of Registrar
- 128 Exercise of discretionary power by Registrar
- 129 Evidence before Registrar
- 130 Death of party to a proceeding
- 131 Extension of time
- 132 Abandonment
- 133 Preliminary advice by the Registrar as to distinctiveness
- 134 Suit for infringement, etc., to be instituted before District Court
- 135 Relief in suits for infringement or for passing off
- 136 Registered user to be impleaded in certain proceedings
- 137 Evidence of entries in register, etc., and things done by the Registrar
- 138 Registrar and other officers not compellable to produce register, etc
- 139 Power to require goods to show indication of origin
- 140 Power to require information of imported goods bearing false trade marks
- 141 Certificate of validity
- 142 Groundless threats of legal proceedings
- 143 Address for service
- 144 Trade usages, etc., to be taken into consideration
- 145 Agents
- 146 Marks registered by an agent or representative without authority
- 147 Indexes
- 148 Documents open to public inspection
- 149 Reports of Registrar to be placed before Parliament
- 150 Fees and surcharge
- 151 Savings in respect of certain matters in Chapter XII
- 152 Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
- 153 Government to be bound
- 154 Special provisions relating to applications for registration from citizens of convention countries
- 155 Provision as to reciprocity
- 156 Power of Central Government to remove difficulties
- 157 Power to make rules
- 158 Amendments
- 159 Repeal and savings
