In 2026, the Suzhou Intermediate People’s Court found that Molly Tea, a fast-growing jasmine tea chain, had infringed several of Louis Vuitton’s registered floral device marks. The court ordered Molly Tea to cease using the logo, publish corrective statements, and pay RMB 10.3 million in damages. Molly Tea has indicated that it will appeal, meaning that the decision is not yet final. Nevertheless, the first-instance decision offers three key takeaways for brand owners.
- Trademark Law protects commercial identity, not artistic ideas
Much of the discussion focused on whether anyone can “own” a flower that has long appeared in traditional Chinese art. However, trademark law does not grant exclusive rights over artistic expressions or cultural designs. What it protects is a mark that identifies the source of goods or services.
The question was therefore not whether a flower could be claimed as exclusive property, but whether a trader’s logo, as used in the marketplace, created an overall impression sufficiently similar to another party’s registered mark to suggest a connection between the two. A design inspired by historical or public-domain artwork is not automatically free from trademark concerns; the resulting mark must still be assessed against existing trademark rights.
Under Thai trademark laws, a mark is assessed on whether it is distinctive, whether it falls within a prohibited category (such as royal or national emblems), and whether it is confusingly similar to an earlier mark, but not where its design came from. Where a mark contains elements commonly used in trade, the applicant may be required to disclaim exclusive rights in them, provided they do not form the essential feature of the mark. A traditional motif may therefore form part of a registered mark without becoming the owner’s exclusive property, but a later mark that reproduces the overall impression of that registered mark may still be refused or challenged as infringing or confusingly similar.
Accordingly, brand owners drawing on traditional or cultural designs should still conduct a clearance search before filing or using the mark.
- Well-known marks can be protected beyond their own market
A tea house and a luxury house operate in different markets, but this does not necessarily eliminate trademark risk. Chinese trademark law provides broader protection for well-known marks, including in connection with unrelated goods or services.
The position is the same under Thai trademark laws, which prohibit the registration of any mark that is identical or similar to a well-known mark where the public might be confused as to the owner or origin of the goods, regardless of whether the well-known mark is registered in Thailand. Importantly, this protection is not necessarily confined to the class of goods or services in which the well-known mark is used. Trademark clearance should therefore not stop at direct competitors or businesses within the same industry.
- Similarity turns on overall impression
Trademark similarity is not determined simply by placing two logos side by side and counting their differences. The assessment focuses on how the relevant public is likely to perceive the marks. Consumers rely on their overall recollection rather than scrutinising every design element.
The Thai courts also adopt this approach in assessing similarity of marks - overall impression created by the marks, including their visual and phonetic features and the nature of the relevant goods or services, may therefore be more significant than isolated differences between conflicting marks.
Accordingly, minor changes in shape, proportion, or detail may not be sufficient if the overall commercial impression remains sufficiently close to an earlier mark. Conducting a proper trademark review before launch can therefore be far less costly than dealing with infringement proceedings after the brand is already in use.
In Summary: A Thai Law Perspective
This case provides a useful comparison with the protection afforded to well-known marks under Thai trademark laws. While the provision offers broader protection to well-known marks beyond their registered goods or services, the owner bears a significant evidentiary burden in establishing the well-known status of the mark. Online advertising and media exposure alone may not always be sufficient.
Yet the effort to establish well-known status can be worthwhile. Once established, well-known status can provide protection beyond the goods or services for which the mark is registered. Intellectual property is not merely a body of technical rules; it is a valuable commercial asset. This case illustrates the importance of well-known mark protection in Thailand and the need for brand owners to plan their trademark strategy carefully at the outset.