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Recently,Thailand's Luckin trademark dispute has intensifiedAccording to the report, Royal Thai 50R Group (hereinafter referred to as the Thai side) has sued China's Luckin Coffee, demanding compensation for economic losses caused by the trademark disputeThe amount of compensation claimed is as high as 10 billion baht (about 20 yuan.)4.6 billion yuan).
As an intellectual property case involving the interests of the two countries, the final judgment of this case will also sound the alarm for a large number of enterprises with trademark protection needs to go overseas.
Origin
This trademark dispute case stemmed from a dispute between the Thai side and China Luckin over the right to use the "Luckin" trademark. The Thai side said that as early as 2020, it legally registered the trademark with the Thai Trademark Office and conducted business in accordance with the law.
However, China Luckin later filed a lawsuit against the Thai side in a Thai court, accusing the Thai side of bad faith in preemptively registering the trademark, and the court of first instance upheld the lawsuit of China Luckin. Subsequently, the Thai side did not agree with this judgment and appealed, and on December 1 this year, the Court of Appeal made a ruling in favor of the Thai side.
Taefang sued again
On this basis, the Thai side recently continued to sue China Luckin, demanding compensation for various economic losses caused by trademark disputes, totaling about 2 billion yuan, to which China Luckin responded that the situation needs to be verified.
Da Xiong learned from a local intellectual property lawyer in ThailandTrademark registration in Thailand adopts the principle of "first-to-file", and in some special cases, trademark rights can also be claimed on the basis of "first-to-use".。In this case, the Thai court finally ruled in favor of the Thai side, mainly because the Thai side's Luckin trademark was registered and used in Thailand earlier than the Chinese Luckin trademark.
The subsequent China Luckin whether it is an appeal or a settlement with the Thai side to obtain the trademark right means that it will invest a lot of time, energy and capital costsChina's Luckin may eventually face the situation of abandoning the Thai market
Behind this trademark dispute, it reflects that trademark brands are prone to face many difficulties when protecting them in the international market.
Several options for trademark infringement overseas
Take precautions
Overseas trademark registration layout
A timely and complete overseas trademark registration layout is an important foundation for enterprises to carry out overseas trademark rights protection. Intellectual property rights are territorial, and a company's trademark can only be recognized and protected after it has been registered locally。Therefore, timely trademark registration in key countries or regions is the most effective strategy to prevent others from preemptively registering and safeguard the interests of enterprises.
Overseas trademark and market monitoring
Carefully study international rules and trademark laws and regulations of various countries, carry out trademark and market monitoring for key countries or regions, grasp information in a timely manner, identify problems as soon as possible, and resolve disputes in a timely manner.
Pay attention to the preservation of evidence in daily operations
In solving cases of trademark squatting and infringementEvidence often plays a particularly crucial roleTherefore, it is recommended that enterprises should pay attention to the collection and preservation of evidence, and store and keep it by year and year, which is also very beneficial to deal with the "revocation of non-use based on 3 or 5 consecutive years after registration" that occurs at any time.
How to deal with the infringement accidentally
Common strategies for enterprises to deal with trademark squatting or infringement overseas mainly include the following:
Funded purchases
Most of the pirates are for profit, and the preemptively registered trademarks are generally well-known domestic brands, and the higher the popularity of the trademark, the more stringent the conditions put forward by the other partyDemanding a huge "ransom" or making ** demands, etcIn fact, no matter what conditions the squatters put forward, it will cause huge losses to Chinese companies and their well-known brands.
Resolution of overseas trademark disputes
If an enterprise has already encountered trademark squatting or infringement overseas, it should take measures to actively deal with it. On the one hand, study the situation and choose the most beneficial plan for the overall development of the enterprise, on the other handFully understand the relevant systems of the country where the dispute arises, and use appropriate means to promote the resolution of the dispute。In the face of overseas squatting, some enterprises resolutely defend their rights and strive to recover their trademarks through all legal, administrative and other means. This is the most positive attitude in the face of overseas squatting, but it is also a protracted battle that takes a long time and costs a lot.
In the face of trademark squatting,Some companies have no choice but to invest in the purchase, giving up overseas markets or choosing to litigate, which is undoubtedly a huge loss for enterprises。Therefore, the best solution is to do a good job of trademark registration layout and weave a trademark protection net before going to sea, so as to take precautions and prevent problems before they happen.