[Exclusive] Samyang Set to Secure 'Buldak' and 'Buldak' Trademarks—Green Light for Both Korean and English

Intellectual Property Office Announces Application on the 4th—Finalization if No Objection Just Two Months After Application—Government Support Requested in January Not Only English but Also Korean Trademark Announced—Applies Only to Ramen

The trademark rights for Samyang Foods' signature spicy brand "Buldak" have cleared a major hurdle at the Intellectual Property Office. As the Buldak Bokkeummyeon craze has led to a flood of imitation products overseas, Samyang Foods has focused on securing trademark rights domestically. This comes just over two months after the company filed its application, and five months after Samyang Foods Vice Chairman Kim Jeong-Soo highlighted the importance of K-brands and requested government support during a meeting chaired by President Lee Jaemyung.

It now appears that Samyang Foods will secure not only the English trademark "Buldak" but also the Korean trademark "Buldak," overcoming a previous ruling by the Patent Court.

According to the food industry on May 5, the Intellectual Property Office announced the application for both the Korean trademark "Buldak" and the English trademark "Buldak" of Samyang Foods on the previous day, May 4. This means the applications have passed the examiner’s review, and after a 30-day objection period, the trademark rights will be finalized next month. Samyang Foods initially applied for trademark rights on February 27, and last month was designated for fast-track review, accelerating the examination process.

Typically, registering a trademark takes more than a year from application to the announcement of preliminary results. However, if selected for fast-track review, the first results, including the examiner’s decision, are released within two to three months. In the case of the "Buldak" trademarks, the first results came just 35 days after the fast-track decision was issued. While the usual fast-track review period for Hallyu-related trademarks is about two months, this case concluded even faster.

Image of Samyang Foods' English trademark 'Buldak' publicly announced by the Intellectual Property Office on the 4th

Image of the Korean trademark "Buldak" by Samyang Foods, published by the Intellectual Property Office on the 4th.

Previously, when the Intellectual Property Office was known as the Korean Intellectual Property Office, it held a policy forum to support Hallyu companies and trademarks for export, pledging to accelerate trademark registration. At the time, it announced that the fast-track review period for Hallyu trademarks would be reduced to two months. Samyang Foods representatives were present at that forum.

This year, Samyang Foods has been pushing for domestic trademark applications for both the Korean and English versions of "Buldak." The company aimed to secure trademark rights to avoid limitations in asserting its rights overseas in the event of disputes, should the trademark remain unregistered in Korea. The Korean term "Buldak" was not previously protected as a trademark domestically. In 2008, the Patent Court ruled that "Buldak" had lost its distinctiveness as a trademark due to its widespread use as a generic term, and therefore anyone could use it as a trademark.

However, this time, Samyang Foods processed the Korean trademark application alongside the English one, and it was decided that the "Buldak" trademark would be recognized only for ramen products. For sauces and similar goods, "Buldak" will continue to be treated as a generic term and is excluded from Samyang Foods' trademark rights. It is reported that this decision was based on survey results submitted by Samyang Foods showing that consumers associate the "Buldak" brand specifically with Samyang Foods' Buldak Bokkeummyeon when it comes to ramen. The English trademark "Buldak" will cover both ramen and sauce categories.

With Buldak’s global popularity, Samyang Foods has focused on trademark registration as so-called "fake" products continue to appear overseas. In fact, products with names like "Boodak," "Bulramen," "Bulsauce," and "Hanguk Buldak Bokkeum Ramen" have been launched, with many cases of unauthorized use, modification, and distribution of the character "Hochi" from the product’s packaging.

This case attracted particular attention because it was discussed at a presidential meeting, with an active request for government support.

In January, Vice Chairman Kim stated at the National Economic Growth Strategy Report to the People, chaired by President Lee, "Samyang Foods has registered trademarks in 88 countries, but is currently involved in disputes in 27 countries," emphasizing, "Protecting K-brands overseas is a crucial challenge." He also requested government support for securing both domestic and international trademark rights. Subsequently, Samyang Foods ran newspaper ads highlighting the significance of securing the Buldak trademark, describing it as "broadening the export path for K-food and imprinting the value of Korean brands worldwide," and stressing, "'Buldak' is a unique brand asset owned and built by Samyang Foods."

Having secured the domestic trademark that underpins Buldak Bokkeummyeon, Samyang Foods is expected to ramp up its efforts to secure overseas trademark rights. As of the end of last year, Samyang Foods held 1,038 trademarks. The number has doubled in just five years from 480 in 2021, reflecting the company’s efforts to secure trademarks in tandem with the global popularity of Buldak Bokkeummyeon. Samyang Foods' overseas sales last year rose 41% year-on-year to 1.8838 trillion won, with the overseas sales ratio jumping from the 60% range in 2021 to over 80% last year.

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