ThailandLuckin CoffeeThe company sued ChinaLuckin CoffeeThe company demanded a claim of 2 billion yuan. The cause of the lawsuit is ThailandLuckin CoffeeRegistered with ChinaLuckin CoffeeA trademark with the same name and logo, but in fact the two companies are not related. ThailandLuckin Coffeetrademark with ChinaLuckin CoffeeThe logos are very similar, except for the fawn's head in the opposite direction. Although ChinaLuckin CoffeeWon the case in the first instance, but ThailandLuckin CoffeeDissatisfied with the verdict, the second instance was initiated. Surprisingly, a Thai court ruled against ChinaLuckin CoffeeLost the lawsuit and claimed 2 billion yuan from it. This "good show" was staged in the Thai court in the way that Li Ghost defeated Li Kui.
However, why ThailandLuckin CoffeeCan you win the case?First of all, according to the registration information, ThailandLuckin CoffeeThe parent company is the Royal Thai 50R Group. Although the name sounds lofty, in reality this group has no special background. The Thai royal family and military have made it clear that they have nothing to do with the group. The group's revenue in recent years has even been zero, and it is a Sino-Thai joint venture that has registered many trademarks with the same name as well-known Chinese companies in Thailand. These important factors make ThailandLuckin CoffeeBehind it appears more complicated.
Second, the act of squatting the trademarks of well-known Chinese enterprises is very common in Southeast Asia. Southeast Asia has strong economic ties with China and is very knowledgeable about well-known Chinese companies and brands. Brands with a good reputation in China do not have a registered trademark locally, giving the local area the opportunity to squaint the trademark. In addition, in recent years, Southeast Asian countries have experienced rapid economic growth and high market activityConsumption levelIt has also increased significantly, and many Chinese companies have begun to enter the Southeast Asian market. This makes it profitable to preemptively register a trademark, as it only makes sense to preemptively register a trademark if there is a buyer. In addition, the cost of registering a trademark in Southeast Asian countries is relatively low, and many countries do not have a trademark agreement with China, which makes the registration of trademark squatting legal.
In order to effectively deploy overseas trademarks, enterprises must register trademarks in the target country before going overseas to avoid situations similar to "Li Ghost defeats Li Kui". In addition, enterprises should appropriately expand the scope of trademark registration, not only to the goods and services currently in use, but also to areas with high relevance. There are generally three methods for overseas trademark registration: single country registration, regional trademark registration, andMadridInternational trademark registration。Each of these methods has its own advantages and disadvantages, and domestic enterprises must fully understand the relevant countries before going overseasLawsstipulate and choose the method that suits you to register.
In the process of going overseas, Chinese enterprises must do a good job of trademark protection, especially in Southeast Asia and other regions with a high incidence of cybersquatting. Here are some suggestions:
First of all, before entering a country's market, a trademark research should be conducted to determine whether there are similar or identical trademarks in the target country. If a similar trademark has already been registered by another enterprise, even if there is no trademark cooperation agreement, it should be tried to obtain registration. In addition, when registering a trademark, you should also consider extending to areas with high relevance to better protect your trademark rights and interests.
Secondly, it is necessary to choose the appropriate trademark registration method. Single national registration, regional trademark registration andMadridInternational trademark registrationAll have their own advantages and disadvantages. Enterprises should choose the most suitable registration method according to their own needs and the characteristics of the target market.
Again, to improve the target marketLawsKnowledge of regulations. Understand the trademark in your target marketLawsprovisions to avoid being unfamiliarLawsresulting in trademark disputes and losses. When choosing a partner and signing a contract, you should also pay attention to protecting your trademark rights.
Finally, it is necessary to strengthenIntellectual PropertyAwareness and protection awareness. Enterprises should strengthen internal training to improve employees' awarenessIntellectual Propertyawareness and awareness of protection to ensure awareness of trademarks and othersIntellectual Propertyeffective protection.
In short, as more and more Chinese companies go abroad, overseas trademark protection is becoming more and more important. Enterprises must carry out sufficient trademark protection work and comply with the trademark of the target market before going overseasLawsIt is stipulated that the appropriate trademark registration method should be selected to ensure that their trademark rights and interests are effectively protected.