Section 21C

Proceedings in respect of an actionable threat may be brought against the person who made the threat for— a declaration that the threat is unjustified; an injunction against the continuance of the threat; damages in respect of any loss sustained by the aggrieved person by reason of the threat. It is a defence for the person who made the threat to show that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an infringement of the registered trade mark. It is a defence for the person who made the threat to show— that, despite having taken reasonable steps, the person has not identified anyone who has done an act mentioned in section 21A(2)(a), (b) or (c) in relation to the goods or their packaging or the services which are the subject of the threat, and that the person notified the recipient, before or at the time of making the threat, of the steps taken.

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Source: legislation.gov.uk · retrieved 2026-09-04