Section 61
Remedy for groundless threats of infringement proceedings
(a)
the application of the trademark to goods or to material used or intended to be used for labelling or packaging goods;
(b)
the importation of goods to which, or to the packaging of which, the trademark has been applied; or
(c)
the supply of services under the trademark, any aggrieved person may bring proceedings for relief under this section.
(2)
The relief which may be applied for shall be any of the following:
(a)
a declaration that the threats are unjustifiable;
(b)
an injunction against the continuance of the threats; or
(c)
damages in respect of any loss he has sustained by the threats.
(3)
The plaintiff shall be entitled to the relief in subsection (2)
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.
(4)
If 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, the plaintiff shall nevertheless be entitled to relief if he shows that the registration of trademark is invalid or liable to be revoked in a relevant respect.
(5)
The mere notification that a trademark is registered, or that an application for registration has been made, shall not constitute a threat of proceedings for the purposes of this section.
(6)
Nothing in this section shall render an advocate and solicitor
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liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.