[Exclusive] Global Craze Over 'Buldak' Trademark Sparks Emergency... Green Light for Samyang's 'Buldak'

The English trademark rights for "Buldak," the signature spicy brand of Samyang Foods, have passed the threshold of the Intellectual Property Office. Following the global craze for Buldak Bokkeummyeon and the subsequent flood of imitation products overseas, Samyang Foods has focused on securing domestic trademark rights. This comes just over two months after the application was filed, and five months after Samyang Foods Vice Chairman Kim Jeongsu emphasized the importance of K-brands and requested government support at a meeting presided over by President Lee Jaemyung.

As the spicy chicken stir-fried noodles craze led to a flood of various imitation products overseas, Samyang Foods has focused on securing domestic trademark rights. Getty Images

원본보기 아이콘

According to the food industry on May 5, the Intellectual Property Office announced on May 4 that the application for the English trademark "Buldak" by Samyang Foods had been published. This signifies that it has passed the review by the Intellectual Property Office examiner; after a 30-day objection period, the trademark right will be finalized next month. Samyang Foods applied for the trademark right on February 27, and the application was given priority review status last month and has since undergone examination.

Yonhap News

원본보기 아이콘

Typically, registering a trademark takes over a year from the time the application is submitted to the Intellectual Property Office until the initial results, such as the application announcement, are released. If granted priority review status, the initial results, including the examiner's review, are released within two to three months from the date priority is granted. In the case of the "Buldak" trademark, the initial result came just 35 days after the priority review decision was issued. Considering that the standard processing time for Hallyu (Korean Wave) trademark priority reviews is about two months, this case proceeded much faster.

Previously, before being upgraded to the Intellectual Property Office last June, the agency-then the Patent Office-held a trademark policy meeting to support exports based on Hallyu companies and trademarks, and announced its intention to assist in the rapid acquisition of trademark rights. At that time, the processing period for priority review of Hallyu trademarks was shortened to two months. A representative from Samyang Foods also attended this meeting.

Image of the trademark "Buldak" by Samyang Foods, announced for application by the Intellectual Property Office on the 4th.

원본보기 아이콘

Since the beginning of this year, Samyang Foods has been pursuing the registration of the English trademark "Buldak" domestically. The Korean name "Bulldak" is not protected as a trademark in Korea. In 2008, the Patent Court ruled that "Bulldak" had lost its distinctiveness as a trademark due to its widespread use as a common noun, meaning anyone could use it as a trademark. Recognizing that the inability to register the trademark domestically could limit their ability to assert rights in overseas trademark disputes, Samyang Foods aimed to register the English name as a trademark.

With the global popularity of Buldak, Samyang Foods has focused on trademark registration as counterfeit products continue to appear overseas. In overseas markets, products with names cleverly altered such as "Boodak," "Bulramen," "Bulsauce," and "Hanguk Buldak Bokkeummyeon" have appeared, and there have been numerous cases of unauthorized modification, use, and distribution of the "Hochi" character featured on the packaging.

This case drew particular attention because it was cited at a meeting presided over by President Lee and became a prominent example of a company actively requesting government support.

In January, Vice Chairman Kim stated at the National Economic Growth Strategy Briefing, presided over by President Lee, "Samyang Foods has registered trademark rights in 88 countries worldwide but is currently involved in disputes in 27 countries," highlighting that "protecting K-brands overseas is a key challenge." He also requested government support for securing both domestic and overseas trademark rights. Subsequently, Samyang Foods emphasized through newspaper advertisements that securing the trademark rights for Buldak "broadens the export path for K-food and imprints the value of Korea's brand on the world," stressing that "'Buldak' is a unique brand asset that Samyang Foods owns and has built up over time."

원본보기 아이콘

With the acquisition of domestic trademark rights forming the foundation for Buldak Bokkeummyeon, Samyang Foods' efforts to secure overseas trademark rights are expected to gain momentum. As of the end of last year, Samyang Foods held 1,038 trademark rights. The number of trademarks owned by Samyang Foods has doubled in just five years, from about 480 in 2021. This rapid increase reflects their efforts to secure trademark rights amid the global popularity of Buldak Bokkeummyeon. Last year, Samyang Foods' overseas sales reached 1.8838 trillion won, a 41% increase from the previous year. The proportion of overseas sales rose from over 60% in 2021 to more than 80% last year.

© The Asia Business Daily(www.asiae.co.kr). All rights reserved.