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Zhong Lun Represents Treasury Wine Estates in a Non-use Cancellation Action against Pre-emptively Registered Ben Fu Mark
Zhong Lun Represents Treasury Wine Estates in a Non-use Cancellation Action against Pre-emptively Registered Ben Fu Mark
Recently, Beijing High People’s Court rendered final judgment regarding the non-use cancellation lawsuit against the mark “奔富" (Chinese characters for “PENFOLDS", Ben Fu) which was pre-emptively registered by third party, concluding that the pre-emptively registered mark has not been actually used in business for three consecutive years. Therefore the Beijing High People’s Court maintained the first instance judgment, and overturned the Trademark Review and Adjudication Board’s (TRAB) decision which maintained the registration of pre-emptively registered mark.
Representing the largest Australian wine company Treasury Wine Estates (TWE), Zhong Lun Law Firm successfully cancelled the pre-emptively registered Ben Fu mark, which is the corresponding Chinese mark for the famous wine brand “PENFOLDS". The legal team was led by Jimmy Huang, the partner of Intellectual Property Department, and the team members include senior associate Hope Yang, and legal assistant Fred Zhang.
Zhong Lun’s arguments and claims raised in litigation proceedings were supported by both first and second instance Courts. Through solid evidence and strong response, although the pre-emptive registrant provided sales invoices bearing the Ben Fu mark, the Court accepted our rebuttal evidence and supported our claim that “by observing the mark, the relevant public would identify TWE, instead of the preemptive registrant, as the source of goods." By initiating non-use cancellation action against the pre-emptively registered mark, Zhong Lun laid a solid foundation for the client to legally use its Chinese trademark Ben Fu in China.
It is known that TWE has been using Ben Fu as the corresponding Chinese brand of PENFOLDS since its PENFOLDS wines entered Chinese mainland market in the 1990s. Today, Ben Fu has become the most popular wine brand in China.