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Section 120 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 120. Groundless threats of legal proceedings

(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceedings 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 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 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 subsection (1) of Sec. 51, 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 interior to a District Court.

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The Trade and Merchandise Marks Act,1958

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