- 如果是，您可以同意他们的要求。但是，应注意确保您在这样做时不承担责任。例如，您可以这样回答：“虽然我们对X提出异议，但为了快速解决，我们准备同意Y。” 理想情况下，此类信函不仅应被标记，而且应保持为“无损”，以确保您不会损害自己的职位（没有偏见的真实情况不能用作证据）。在可能的情况下，还建议与另一方达成正式的和解协议，以确保采取建议的措施确实可以解决问题。建议您在这里与商标律师联系以寻求支持。
- 如果您的回答为“ 否”，则您可以（和企业常规地）采取多种选择：
November 18 2019 | Novagraaf - Vanessa HarrowOf course every business should undertake trademark clearance searching before launching a brand, but not every small or start-up business understands why – until they receive a cease and desist letter demanding that they change their branding. Vanessa Harrow offers some advice.
It’s a familiar news story: a small business has been forced to change its branding after ‘legal threats’ from a larger, established and IP savvy business. In this instance, a Manchester restaurant that has had to remove the letter ‘K’ from its window this month following a ‘legal threat’ from an unnamed source.As unfair as such cease and desist letters may seem to the layperson, IP professionals understand the context of such action, and the importance to brand owners of defending their trademark rights. But, what should a small business do if it receives a legal threat in the post?How to react to a cease and desistThe first question to answer is whether the sender is asking you to do something you are happy to agree to do.When developing a new brand or expanding an existing brand into a new market, one of the first steps should be to conduct clearance searches to consider freedom (or availability) to use your chosen name or branding.Beyond the potential liability for damages, being forced to rebrand following legal action by a third-party with prior rights can be a very costly exercise. Steps should be taken to manage the risks of conflicts when launching a new brand therefore.Clearance searches will enable you to assess the potential conflicts with third party rights and take proactive steps to mitigate the risks. Whether you are opening a small independent business based in just one part of the UK or whether you are creating a global brand with plans for worldwide expansion, checking availability to use your brand in your chosen markets should be a critical part of your launch strategy.
Of course, very few small businesses (or restaurants) will have the IP knowledge or expertise in house, which can make receiving a cease and desist alarming. So too, can discovering that another business has ripped off your name or branding. In both instances, the best course of action is to take advice from an accredited trademark attorney to establish your position and your best course of action.
- Get in touch if you need advice