When I am sued for infringement by a third party for using the door-top trademark left by my family, I should take measures as soon as possible to avoid possible legal risks. The following are possible solutions:
1. Seek professional legal advice
When facing the accusation of trademark infringement, the first step should be to seek professional legal advice. Consult a trademark lawyer to understand the relevant legal provisions and possible legal consequences. They will be able to assess the strength of the case and provide specific suggestions.
second, investigate the infringement allegations
before accepting the infringement allegations, a full investigation is needed. Check whether your use really constitutes infringement. Consider the following factors: similarity of trademarks, similarity of goods or services, whether trademarks are used in the same or similar industries, etc. If the investigation results show that there is no infringement, you can consider making a defense.
third, negotiate with the other party to solve
if the infringement problem is confirmed, it may be an effective solution to negotiate with the other party. You can try to negotiate with the other party and reach a settlement agreement. This may include paying some compensation, stopping using the trademark or reaching other agreements.
Fourth, prepare legal defense
If you can't reach an agreement with the other party, or think that you have not infringed, you need to prepare legal defense. This includes collecting evidence, preparing defense materials and attending court hearings. In this process, trademark lawyers will be able to provide specific guidance and support.
To sum up:
When facing the accusation of trademark infringement, it is important to keep calm and take appropriate actions. Seeking professional legal advice, investigating infringement allegations, negotiating with each other and preparing legal defense are possible solutions. Remember, trademark law is complicated, and each case has its own uniqueness. Therefore, it is best to consult a professional trademark lawyer when dealing with trademark infringement.
Legal basis:
When dealing with trademark infringement, the following are some relevant legal basis:
1. Article 57 of the Trademark Law of the People's Republic of China stipulates that any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately providing convenience for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.
2. Article 76 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China stipulates that it is an infringement of the exclusive right to use a registered trademark to mislead the public by using the same or similar logo as the name or decoration of another person's registered trademark on the same commodity or similar commodity.