Thailand’s “Luckin Coffee” Controversy and the Crucial Importance of Overseas Trademark Protection
Pine IP
February 4, 2025
Recently, headlines in Thailand have spotlighted a coffee chain operating under the name and logo of the famous Chinese brand Luckin Coffee, despite having no official affiliation with the original Chinese company. At first glance, one might assume that Luckin Coffee has expanded into Thailand. However, investigations revealed that a local Thai business has been running a “look-alike” chain—raising serious trademark infringement questions.
This article explores how this controversy unfolded, the critical legal principles at play, and why businesses must prioritize overseas trademark registration. We at Pine IP Firm will also share our insights on how to safeguard trademarks abroad, offering practical strategies and tips for protecting your brand in Thailand and beyond.
To be clear: Thailand’s so-called “Luckin Coffee” bears no official connection to the Chinese headquarters. In fact, the legitimate Luckin Coffee in China has publicly stated it has not expanded to Thailand. They denounced the Thai outlet as a “fake store” using an unauthorized brand identity.
A local Thai enterprise known as 50R Group preemptively registered the “Luckin Coffee” name (and a near-identical deer logo) in Thailand back in 2018, before the Chinese Luckin Coffee pursued global trademarks. In 2019, the 50R Group established a Thai corporation named “Luckin Coffee Thailand” and began operating physical stores under this brand by late 2020.
Notably, the 50R Group’s logo is almost identical to the Chinese Luckin Coffee emblem, only flipped horizontally. Unsurprisingly, Thai consumers easily mistook it for the original Chinese brand.
When the true Luckin Coffee realized what was happening, it filed multiple trademark lawsuits in Thailand in 2021. Initially, a Thai court ruling seemed to favor the Chinese company:
However, 50R Group appealed. In a December 2023 judgment, Thailand’s Intellectual Property and International Trade Court reversed the initial decision and ruled against the Chinese Luckin Coffee. According to this final verdict, 50R Group’s earlier registration grants it legal rights in Thailand—even if the stores are “fake” in practice. To complicate matters, 50R Group is now suing the Chinese Luckin Coffee for damages of 10 billion baht (approximately USD 370 million).As a result, the Chinese Luckin Coffee has no legal grounds to use its own brand name in Thailand. This debacle highlights a fundamental reality of trademark law: “First to file, first to own.”
The key takeaway is clear: Whoever registers a trademark first in a given country usually holds the superior legal position, regardless of how famous a brand may be elsewhere.
No matter how well-known a brand is in its home country, the first party to secure registration in a foreign jurisdiction is considered the rightful owner there. This is precisely why the genuine Luckin Coffee found itself at a disadvantage in Thailand, despite being hugely successful in China.
Major multinational companies like Apple (iPad) and Starbucks (Starbucks vs. “Xingbake”) have famously paid a high price to reclaim or protect their trademarks in new markets. Even global giants can get caught off guard if they do not file trademarks early.
Chinese tea brand HEYTEA faced a local knockoff in Singapore called “HEETEA.” Fortunately, Singapore’s Intellectual Property Office sided with HEYTEA, citing significant visual and conceptual similarities. This demonstrates that IP-conscious jurisdictions can uphold the rights of legitimate trademark owners—if the mark is properly registered and enforced.
Before Starbucks expanded widely into China, a local business registered the Chinese name 星巴克 (“Xingbake”)—effectively “Starbucks” in Mandarin—arguing they had done so legitimately. However, Starbucks managed to prove its extensive international recognition and successfully reclaimed its trademark rights in China, even obtaining monetary damages from the infringing party.
Apple needed to shell out a hefty sum to secure the iPad trademark in China from Proview, a local firm that claimed earlier rights. This case vividly illustrates how even top global brands must pay the price for delayed or overlooked trademark registrations.
South Korean brands have similarly stumbled in overseas markets when local entities registered their Korean-language marks beforehand. Some have faced “trademark squatters” demanding significant royalties or settlement fees—and have had to invest substantial time and money to buy back their own brand.
How can a foreign company properly register its trademark in Thailand? Below is a simplified overview:
Additional Considerations
If you plan to do business—or even consider future expansion—in a certain country, register your trademark as early as possible. Although it involves upfront costs, early filing can prevent larger financial and reputational risks down the line. Focus on major markets like China, Southeast Asia, the U.S., and Europe.
The Madrid Protocol offers a streamlined route for registering in multiple countries through a single international application. However, each designated country conducts its own review. You may still need local counsel to address any refusals or objections.
Regulations, language barriers, and procedural nuances vary by country. Teaming up with experienced local IP attorneys or trademark agents significantly increases your chances of a smooth registration process. We at Pine IP Firm work with a global network of IP law firms, ensuring our clients receive end-to-end support for their international trademark portfolios.
A trademark registration alone doesn’t guarantee total safety. Monitor the market regularly for any infringing or confusingly similar marks. Take swift action—oppositions, cease-and-desist letters, or legal proceedings—if you discover unauthorized use. Remember to keep an eye on:
In some countries, foreign brand names may be difficult to pronounce or remember. Having a local-language version of your brand can help you connect with consumers and protect your trademark from squatters. For example, many Korean brands opt for a dual strategy: register both their original name and a transliterated local name.
If a dispute is unavoidable, promptly gather evidence of:
Decide whether litigation or negotiated settlements (e.g., purchasing the trademark or licensing) is the most viable approach. Any settlement must be handled with caution, as it can lead to bigger financial demands if the other side sees an opportunity.
Ensure that all teams—from product development to marketing—understand how vital trademark checks and registrations are. Adopt an internal process so that each new brand or product undergoes a trademark review before launch. This helps create a culture where brand assets are actively protected.
Thailand’s “Luckin Coffee” case starkly demonstrates how easily even a famous brand can be blocked in a foreign market by a local competitor who files first. Such outcomes can be devastating, from lost market share to legal entanglements and reputational damage.
At Pine IP Firm, our mission is to prevent these pitfalls by guiding companies through effective international trademark strategies. Your brand is an invaluable corporate asset—yet once it’s compromised abroad, regaining rights can be exceedingly difficult and expensive.
If you’re planning an overseas expansion, now is the time to evaluate your trademark portfolio and register in priority markets. With thorough preparation, you can confidently extend your brand across borders without the fear of counterfeits or brand hijackers. Don’t let your company become the next cautionary tale.
Secure your brand today—and build a global presence tomorrow. For more information or personalized guidance, reach out to Pine IP Firm. We’re here to safeguard your brand worldwide.
