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Feb 22, 2017
Tom Johnston, Griffith Hack, Australia
Nicola Scheepers, Griffith Hack, Australia
First published on www.lexology.com

Beating trade mark squatters in China – How Penfolds wo...


Tom Johnston, Griffith Hack, Australia, Nicola Scheepers, Griffith Hack, Australia, First published on www.lexology.comThe Penfolds decision highlights the value of timely trade mark registrations that support the different ways in which a particular brand will be marketed in China. Since entering the Chinese market Treasury Wine Estates has distributed Penfolds wines, including its prestigious Grange, under the name Ben Fu because of its rough translation to ‘chasing prosperity’. But the brand was never registered as a trade mark in China and this allowed Li Daozhi, a local wine distributor, to register the mark in 2009. This registration was only revoked earlier this year when The Beijing People’s High Court held that Li Daozhi had failed to demonstrate any genuine use of the mark in relation to wine making and related activities. The ruling comes in the wake of the Supreme People’s Court’s decision in Michael Jordan’s ongoing dispute with Qiodan Sports. Trade mark squatters and fine wines China uses a ‘first to file’ system of registration which means that the person who files the first trade mark application, and not the first user of the mark, is the  read more