Treasury Wine Estates won rights over ‘Ben Fu’ trademark

Australian-based Treasury Wine Estates (Treasury) has successfully registered its ‘Ben Fu’ trademark in China, which finally gives it the power to protect its most valuable wine brand, Penfolds, from fakes and counterfeiters in China.
Its “Ben Fu” trademark is a Chinese transliteration for its iconic Penfolds brand. Treasury has to go through almost 10 years in litigation and enforcement through the Chinese courts to claim ownership of the trademarket after it was hijacked by trademark squatter, Li Shen.
The company spokesperson said, “Treasury Wine Estates is now the owner of the earliest trade mark registrations for “Ben Fu” in relation to wine in both China and Australia.”
Li Shen registered the Ben Fu trademark in 2009, but it was invalidated by Treasury through the Chinese courts on the grounds of non-use and bad faith in 2017 and 2019. Treasury’s trademark application was opposed by Li Shen and another group Rush Rich, who are still locked in court disputes with the winemaker in China. Their opposition was rejected in April 2020 by the Chinese Intellectual Property Office.