# Trade Marks Act 1994, Section 21A: Actionable threats

Extent: E+W+S+N.I.

(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) applying, or causing another person to apply, a sign to goods or their packaging,
(b) importing, for disposal, goods to which, or to the packaging of which, a sign has been applied, or
(c) supplying services under a sign.
(3) A threat of infringement proceedings is not actionable if the infringement is alleged to consist of an act which, if done, would constitute an infringement of a kind mentioned in subsection (2)(a), (b) or (c).
(4) A threat of infringement proceedings is not actionable if the threat—
(a) is made to a person who has done, or intends to do, an act mentioned in subsection (2)(a) or (b) in relation to goods or their packaging, and
(b) is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those goods or their packaging.
(5) A threat of infringement proceedings is not actionable if the threat—
(a) is made to a person who has done, or intends to do, an act mentioned in subsection (2)(c) in relation to services, and
(b) is a threat of proceedings for an infringement alleged to consist of doing anything else in relation to those services.
(6) A threat of infringement proceedings which is not an express threat is not actionable if it is contained in a permitted communication.
(7) In sections 21C and 21D “an actionable threat” means a threat of infringement proceedings that is actionable in accordance with this section.

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Source: https://www.legislation.gov.uk/ukpga/1994/26/section/21A (the official version)
Page: https://openlegislation.uk/trade-marks-act-1994/section-21A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.