China -  Chinese law firm

21. How does the TMO deal with the groundless threats of infringement proceedings?

A person who is at the receiving end of groundless threats of infringement proceedings can now take action in the courts to restrain future threats, and to seek damages for the threats received. There is no exemption from this provision for a trademark proprietor's legal advisors, and so there is a greater burden on proprietors establish their rights before issuing threatening letters.

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