Despite Rothbury having a postcode and appearing on maps as a geographical location, the word can no longer be used on wine labels by anyone but Foster's, a spokesman for the beverage giant confirmed yesterday.

"Our trademark is for the word 'Rothbury' used in certain contexts and for certain things . . . no one can use the word 'Rothbury' by itself, or 'Rothbury Estate'," he said.

Originally, Rothbury Estate was a Len Evans winery, then Foster's bought it and sold it to Michael Hope of Hope Estate, minus a right to the name.

Hunter Valley Wine Industry Association members tried to have Rothbury registered with the Australian Wine and Brandy Corporation as an official wine-growing sub-region, which would allow anyone growing 85 per cent of their produce in the region to use it on wine labels.

But Intellectual Property Australia ruled there was "quite limited use of the word Rothbury" as a place name to designate an "ill-defined area in the Lower Hunter Valley".

"Most people and businesses within the area covered by the proposed geographical indication appear to identify their geographical location by use of the word Pokolbin," the judgement said.

Andrew Thomas, of Hunter Valley Wine Industry Association's wine-making committee, said the decision affected about 40 per cent of the Hunter's grape growers and vineyards.

Geoff Krieger, president of the Hunter Valley Wine Industry Association, said it was taking action to protect other place names such as Belford and Mount View.

"The concerns that the association has always had is that we object to place names being owned by corporations," he said.