Treasury Wine Estates has won a landmark legal dispute in the Beijing High People’s Court in China, affirming the Company’s lawful right to use and market the Ben Fu trademark, the Chinese transliteration for its iconic wine brand Penfolds, in China.

A final judgement handed down by the court* confirmed that a Chinese individual who had registered the Ben Fu trademark in 2009 has failed to demonstrate any genuine use of the trademark for wine or related business activities. This trademark will subsequently be cancelled, allowing for TWE to claim its right to ownership of the Ben Fu trademark registration and to freely use this trademark across China.

According to TWE President and Managing Director – Asia and Europe, Robert Foye, the judgement is significant as it cements TWE as the legitimate owner of Ben Fu, a brand Chinese consumers clearly associate with Penfolds quality wine.

“Ben Fu is the most widely recognised wine brand in China – this is due to the fact that we have a long and strong history of actively marketing high quality Penfolds wine using this Chinese transliteration,” Foye said.

“Protecting the integrity of our historic wine brands against trademark piracy is critical. We have never wavered in our commitment to defend our position as the rightful owner of the Ben Fu trademark in China, and we are absolutely thrilled with this decision.”

Since its founding in Australia more than 170 years ago, Penfolds wines have won the acclaim and affection of wine lovers across the world. With a presence in China spanning 25 years, Penfolds has earned an outstanding reputation amongst Chinese consumers, trusted for its quality and heritage.  For more than 20 years, Chinese consumers and customers have also come to know, love and refer to the Penfolds brand as Ben Fu.

* In 2012, TWE filed a ‘non-use’ action followed by a ‘bad faith’ action against a trademark pirate for registering the Ben Fu trademark in bad faith and for failing to use it for commercial or business activity.