'Fake Buldak War' for Samyang Foods... English Name 'Buldak' Trademark Decision Expected as Early as Next Month

The decision on whether Samyang Foods' trademark for its flagship spicy brand "Buldak" will be registered domestically could be made as early as next month. With a surge in imitation Buldak products overseas, Samyang Foods has prioritized securing domestic trademark rights through expedited review to enhance brand protection.

According to the food industry on April 20, the Intellectual Property Office sent a decision letter for priority examination regarding the registration of the English-language trademark "Buldak" to Samyang Foods on March 31. A designated examiner is currently conducting a substantive review to determine whether there are any reasons for rejection. Once priority examination is underway, the initial results are typically available within two to three months at the earliest.

Ordinarily, trademark registration takes over a year to reach a preliminary conclusion after an application is filed with the Intellectual Property Office. In the case of priority examination, if the applicant meets certain requirements and submits a request, and the office accepts it, a decision letter is sent to the applicant. From that point, initial results are provided within two to three months.

Yonhap News Agency

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After filing for trademark rights on February 27, Samyang Foods is currently supplementing related documents and responding to the review process. If the Intellectual Property Office concludes in the first stage that there is no issue with the trademark application, an opposition period will follow the publication of the application before a final decision is made. In this scenario, it is expected that the entire process from application to final confirmation will take about six months.

Previously, prior to its upgrade in June of last year, the Intellectual Property Office held a policy roundtable in its former capacity as the Patent Office to discuss trademark policies for supporting exports based on Hallyu companies and Hallyu trademarks, announcing its commitment to facilitating faster trademark acquisition. At the time, it was stated that the processing period for priority review of Hallyu trademarks would be shortened to two months. A representative from Samyang Foods reportedly attended this roundtable.

Samyang Foods' trademark application for 'Buldak' filed last February. Source: Intellectual Property Office Intellectual Property Information Service

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Samyang Foods is pursuing the registration of the English trademark "Buldak" domestically. The Korean-language name "불닭" is not eligible for trademark protection in Korea. In 2008, the Patent Court ruled that "불닭" had become so widely used as a generic term that it lost distinctiveness as a trademark, allowing anyone to use it as a mark. Given the potential limitations in asserting rights during overseas trademark disputes if domestic registration is unattainable, Samyang Foods is now focusing on registering the English name as a trademark.

With Buldak's global popularity, counterfeit products have proliferated overseas, prompting Samyang Foods to intensify its efforts on trademark registration. In foreign markets, product names such as "Boodak," "Bulramen," "Bulsauce," and "Hanguk Buldak Bokkeum Ramen" have appeared, cleverly altering the original name. There have also been numerous cases where the character "Hochi" depicted on the packaging was illegally modified, used, and distributed.

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In January of this year, Samyang Foods Vice Chairman Kim Jeongsu stated at the National Economic Growth Strategy Report led by President Lee Jaemyung, "Samyang Foods has registered trademarks in 88 countries worldwide but is currently involved in disputes in 27 countries," emphasizing, "Protecting K-brands overseas is a key challenge." He also requested government support for securing both domestic and international trademark rights. Subsequently, Samyang Foods highlighted in newspaper advertisements that securing the Buldak trademark would "broaden the export path for K-food and reinforce Korea's brand value on the global stage," further stressing that "'Buldak' is a unique brand asset owned and developed by Samyang Foods."

As Samyang Foods intensifies its focus on trademark registration globally, the number of trademarks it holds has surpassed 1,000. As of the end of last year, Samyang Foods held 1,038 trademarks, an increase of 300 in just one year. The number of trademarks, which stood at 480 in 2021, decreased by about 100 in 2022 due to a transfer of trademarks to Samyang Naturals, but then quickly rebounded, doubling in just five years. This appears to be the result of efforts to secure trademarks in tandem with the global popularity of Buldak Bokkeum Myeon. Samyang Foods' overseas sales last year reached KRW 1.8838 trillion, a 41% increase compared to the previous year. The proportion of overseas sales rose from over 60% in 2021 to surpassing 80% last year.

A representative from Samyang Foods stated, "We plan to closely monitor variables that may arise during the examination process and do our utmost to achieve the goal of final registration through prompt and logical responses when necessary."

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