Recently, Thailand Luckin Coffee successfully won the real Luckin, and this incident has attracted widespread attention. As a well-known chain coffee brand, Thailand Luckin Coffee has a long and arduous road to trademark protection. This incident not only highlights the importance of trademark enforcement, but also reveals the complexity and challenges of trademark enforcement.
First of all, the importance of trademark protection is self-evident. Trademark is the embodiment of corporate image and brand value, and is of great significance to the long-term development of an enterprise. If a trademark is preemptively registered or infringed by others, it will not only affect the reputation and image of the enterprise, but may also lead to economic losses. Therefore, enterprises must actively protect their trademark rights and interests to ensure the legitimacy and authority of the brand.
However, trademark enforcement is not an easy task. In the trademark dispute between Thai Luckin Coffee and Zhen Luckin, the two parties went through a long period of litigation and negotiation before finally reaching a settlement. This fully illustrates the complexity and challenge of trademark enforcement.
Cumbersome trademark registration procedures: Trademark registration needs to go through procedures such as application, examination, announcement, and opposition, which takes a long time and costs a lot. At the same time, there are also differences in trademark registration procedures and standards in different countries and regions, which brings certain difficulties to enterprises to protect their rights.
Trademark infringement is diverse: Trademark infringement includes counterfeiting, counterfeiting, free-riding, etc., in various forms and difficult to prevent. Some criminals will even use the Internet and other channels to carry out malicious preemptive registration and infringement, which will bring greater challenges to the protection of corporate rights.
High cost of trademark protection: Trademark protection requires a lot of human, material and financial resources, including lawyer fees, litigation fees, notary fees, etc. For some small and medium-sized enterprises, this is undoubtedly a significant expense.
Secondly, the challenges of trademark protection are also reflected in the following aspects:
Difficulties in transnational rights protection: With the accelerated development of globalization, transnational rights protection has become a trend. However, there are differences in the legal systems and judicial practices of different countries and regions, which bring certain difficulties to the protection of rights across borders. At the same time, cross-border rights protection also needs to consider factors such as language, culture, and time difference, which brings certain challenges to enterprise rights protection.
Difficulty in collecting evidence: In the process of trademark enforcement, the collection of evidence is crucial. However, due to the concealment and complexity of trademark infringement, it is often difficult to collect evidence. Some criminals will even use the Internet and other channels to carry out malicious squatting and infringement, which brings certain challenges to the collection of evidence.
Application of law: The application of law is an important issue in the process of transnational rights protection. There are differences in legal systems and judicial practices in different countries and regions, and how to apply local laws to protect rights is a problem that needs to be solved. At the same time, the legal systems and judicial practices of different countries and regions are constantly changing and improving, which also brings certain challenges to transnational rights protection.
Thailand's Luckin Coffee vs Luckin once again highlights the importance of trademark protection. However, trademark enforcement is not an easy task and requires enterprises to work hard and respond on many aspects. At the same time, the society should also strengthen the support and protection of trademark rights protection, and create a better legal environment and social atmosphere for enterprises.