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TRADE MARKS ORDINANCE :(c) such damages, if any, as have been sustained by the plaintiff by reason of the threats.

(3) The plaintiff is entitled to the relief claimed under subsection (2) unless the defendant shows that the acts in respect of which the action was threatened constitute or, if done, would constitute, an infringement of the registered trade mark concerned.

(4) If the defendant shows that the acts in respect of which the action was threatened constitute or, if done, would constitute, an infringement of a registered trade mark, the plaintiff is nevertheless entitled to the relief claimed under subsection (2) if he shows that the registration of the trade mark is invalid or liable to be revoked in a relevant respect.

(5) The mere notification that a trade mark is registered, or that an application for registration has been made, does not constitute a threat to bring an action for infringement for the purposes of this section.

(6) Proceedings for relief under this section may not be brought, or (if brought) may not proceed, if—
 * (a) the registered owner of the trade mark; or
 * (b) a licensee having power to bring proceedings for infringement of the trade mark,

begins an action for infringement of the trade mark against the threatened person within 28 days after the threat was first made to him and pursues that action with due diligence.

(7) Nothing in this section makes a barrister or solicitor liable to proceedings under this section for any act done by him in a professional capacity on behalf of a client. PART IV '''27. Nature of registered trade mark'''

(1) A registered trade mark is personal property.

(2) A registered trade mark is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal property; and it is so transmissible either in connection with the goodwill of a business or independently.

(3) An assignment or other transmission of a registered trade mark may be partial, that is, limited so as to apply—
 * (a) in relation to some but not all of the goods or services for which the trade mark is registered; or
 * (b) in relation to use of the trade mark in a particular manner or in a particular locality.