Chinese chain coffee brand
In 2019, a Thai company named 50R Group successfully registered Luckin's trademark in
The stores copied the design of Luckin, including the store decoration, logo design, coffee cup and handbag, except that the image of the deer in its logo had been flipped.
Below the comparison of the two parties' shops which are highly similar.
In 2022
Despite all the efforts, followed by an appeal filed by 50R Group, in early December2023,
Furthermore, 50R Group reportedly claims nearly
Luckin's loss in the lawsuit can be attributed to Article 63 of the Thai Trademark Law, which stipulates that a Thai company, upon initial trademark registration with the Thai Trademark Office, has the right to operate in the corresponding business in
It often happens that a company has limited knowledge about the oversea preemptive trademark registrations, and even with such knowledge, companies oftentimes become aware only after the trademarks have been official registered.
Given the high cost and complexity of enforcing IP rights in foreign countries, as well as the fact that it's usually difficult for a right holder to provide evidence to prove its reputation in the local market, it is highly recommended for companies which plan to expand overseas to have their trademarks properly registered in the destination countries beforehand and consult professionals to get familiar with local laws as well regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Crystal Yulan Zhang
HFG Law & Intellectual Property
KYMS building
No.
200041
Tel: 21 5 213 5500
Fax: 215 213 0895
E-mail: ovarlamova@hfgip.com
URL: www.hfgip.com
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