When Luckin Coffee, China’s biggest coffee chain, set its sights on an expansion in Thailand, the company was surprised to discover that its brand had already been established in the Southeast Asian nation.
A local company had preemptively registered the Luckin Coffee trademark and opened numerous stores using the Chinese company’s name, deer logo and distinctive blue-and-white colour scheme.
Under Thailand’s first-to-file trademark system, the local company initially won a court case. But on appeal, Luckin Coffee secured a reversal of the ruling in 2025 and was awarded one of Thailand’s largest trademark damages.
The case is a warning to international small and medium-sized enterprises (SMEs) looking to expand their business in Thailand, according to Waralee Sripawadkul, a senior associate at law firm Tilleke & Gibbins, which represented Luckin Coffee in the legal proceedings.
“Under Thai law, trademark rights are generally granted to the party that first files a valid application with the Department of Intellectual Property [DIP], regardless of whether another party has previously used or promoted the brand elsewhere, including the internet,” says Sripawadkul.
“This means that even if an SME has built significant brand recognition internationally or online, it does not automatically secure trademark rights in Thailand under the Thai Trademark Act and its amendments unless a formal application is filed and registered,” she adds.
In this Q&A, Sripawadkul outlines the first-to-file law and recommends practical steps for SMEs to protect their brands before entering Thailand.
Navigator Global: What does intellectual property (IP) readiness look like for a foreign SME entering Thailand?
Waralee Sripawadkul: Being IP-ready means that a foreign SME has taken comprehensive steps to secure its IP before entering the Thai market. This involves not only identifying and protecting key IP assets but ensuring that valuable innovations, brands and business information are adequately safeguarded.
Given that IP prosecution in Thailand, such as the registration of trademarks and patents, can be a lengthy and complex process, it is essential for SMEs to plan ahead and file applications as early as possible to avoid delays and potential infringement risks.
Foreign SMEs often miss the opportunity to protect valuable information and materials, in particular, software, marketing content, product designs and proprietary processes, under copyright and trade secret laws. By recognising the scope of these protections and implementing appropriate internal policies and documentation, SMEs can significantly enhance their IP readiness.
NG: What are the common errors that SMEs make regarding the first-to-file trademark?
WS: If another entity files for the trademark first, they may obtain exclusive rights, potentially blocking the original brand owner from using or marketing their products under that name in Thailand.
While it is possible to challenge a registered trademark on the grounds of prior rights, such invalidation actions must be initiated within five years of the registration date and typically involve complex, time-consuming, and costly legal proceedings. The challenger bears the burden of proof, and the outcome is not guaranteed.
The risk of trademark squatting, where third parties register well-known or foreign brands in bad faith, has become increasingly prevalent in Thailand. This emphasises the critical importance for SMEs to file trademark applications as early as possible, ideally before any public launch, marketing or online activity targeting the Thai market.
By proactively securing trademark rights, SMEs can avoid costly disputes, loss of market access, and potential rebranding. In summary, understanding and acting in accordance with Thailand’s first-to-file system is essential for effective brand protection and long-term business success in the Thai market.
NG: How are Thai courts and legal frameworks addressing copyright infringement in the digital space?
WS: In Thailand, copyright cases are compoundable offenses. This means that the copyright owner and the alleged infringer may reach a settlement at any stage of the proceedings, often resulting in the withdrawal of the case.
As a consequence, there are relatively few published court decisions or binding precedents specifically addressing the unique challenges of online copyright infringement, such as difficulties in proving authorship or ownership of digital works.
Despite this lack of specific case law, Thai courts are generally recognised for their cautious and evidence-based approach when adjudicating online copyright disputes. Courts will closely examine all available evidence, including digital records, metadata, registration certificates and any documentation that can help establish the creation, ownership and originality of the work in question.
NG: Which sectors are under scrutiny in Thailand’s IP enforcement landscape?
WS: Consumer goods, particularly those sold via e-commerce platforms, are currently experiencing the most significant IP issues in Thailand. The rapid growth of Thailand’s e-commerce market has created a fertile environment for the proliferation of counterfeit and pirated goods, especially in categories such as fashion, electronics, gadgets, cosmetics and household products.
Online marketplaces like Shopee, Lazada and other popular platforms have made it easier for infringers to reach a wide audience, often anonymously, and to distribute counterfeit goods both domestically and across borders. The sheer scale and speed of online commerce make it difficult to keep pace with infringers, who can quickly relist products or move to new seller accounts.
NG: With Thailand aiming to become a regional innovation hub, what reforms do you expect to see in the IP landscape over the next few years?
WS: Recent and anticipated amendments include updates to the Copyright Act and Patent Act, aimed at streamlining registration procedures, reducing examination backlogs and enhancing enforcement, particularly in the digital environment.
In addition, Thailand is developing new regulations for artificial intelligence (AI), with draft laws under consideration that will address AI system standards, data sharing and risk management, which may intersect with IP rights as AI-generated works and inventions become more prevalent.
For SMEs, these changes mean that the legal landscape for protecting and enforcing IP in Thailand is becoming more robust but also more complex. However, SMEs must be vigilant in monitoring their IP assets and ensuring compliance with evolving requirements, particularly as new technologies like AI are integrated into their operations.