Opposition by Luckin Coffee Group Co Ltd to registration of trade mark application number 1987084 (Class 43) – Luckin – in the name of A&ZZ Pty Ltd.

This matter concerned an opposition by Luckin Coffee Group Co Ltd (the Opponent) to the registration of trade mark application number 1987084, for the mark "Luckin" in Class 43, filed by A&ZZ Pty Ltd (the Applicant). The opposition was heard by Blake Knowles, Delegate of the Registrar of Trade Marks.

The legal issues before the Delegate were whether the Opponent had established any of the grounds of opposition pressed, specifically under sections 42(b), 60, and 62A of the *Trade Marks Act 1995* (Cth). The Opponent bore the burden of proving its grounds on the balance of probabilities, with rights assessed as at the relevant date.

The Delegate found that the Opponent had successfully established the ground of opposition under section 60 of the *Trade Marks Act 1995* (Cth). This was based on evidence demonstrating the Opponent's significant international use and recognition of the "Luckin" mark, including substantial media publicity in Australia prior to the relevant date, and a large number of Chinese visitors to Australia. As a ground of opposition had been established, it was unnecessary to consider the other grounds.

Consequently, the Delegate decided to refuse the registration of the trade mark application. The Opponent was awarded costs against the Applicant.