Alley Restaurant Owner Faces 'Deopjuk' Trademark Loss? Patent Office Says "No Exclusive Rights to Current Name"

Controversy arose when it was revealed that a third party had filed a trademark application for 'Deopjuk' before Ms. Choi Min-a, the owner of the 'Deopjukjip' in Pohang. Photo by SBS

[Asia Economy Reporter Jumi Lee] It has been reported that the 'Deopjukjip' in Pohang, Gyeongbuk, which suffered from menu plagiarism, is now unable to use the trademark as well. The Korean Intellectual Property Office (KIPO) responded, "Currently, no one holds exclusive rights to use the name 'Deopjuk.'

On the 6th, KIPO explained, "There are currently no registered trademarks related to 'Deopjuk'; all applications are still under examination," and added, "At present, no one is restricted from using the name 'Deopjuk' nor holds exclusive rights to it."

Trademark rights arise only after an examiner reviews the registration requirements and grounds for refusal and grants registration; the examination has not yet begun. In other words, while Ms. Minah Choi, the owner of the Pohang Deopjukjip, is not prohibited from using the trademark, she is also not the sole person entitled to use it.

KIPO stated, "We strive to ensure that the rightful users of trademarks can own trademark rights through reasonable and fair examination," and "We will protect rightful users from malicious trademark preemption."

Earlier in April, controversy arose when it was revealed that a franchise had applied for the 'Deopjuk' trademark. According to the KIPO website, it can be confirmed that Mr. Lee, not owner Ms. Choi, applied for the 'Deopjuk' trademark in July of last year.

The post that Min-A Choi uploaded on her Instagram at the time of the menu plagiarism suspicion. Photo by Min-A Choi

The current Trademark Act adopts a 'first-to-file' principle, granting rights to the first applicant, which is the core of the controversy that Ms. Choi ultimately cannot use the 'Deopjuk' trademark. Mr. Lee's side explained, "I have never watched the TV show Golmok Sikdang (Baek Jong-won's Alley Restaurant), and I simply named the porridge I had long been planning as Deopjuk."

Subsequently, Ms. Choi applied for the trademarks 'Somun Deopjuk' and 'Omu Deopjuk' in August and December of last year, respectively.

The Pohang Deopjukjip also suffered from menu plagiarism. After appearing on SBS's 'Baek Jong-won's Alley Restaurant' in July last year, it was revealed in October, three months later, that a food company signed a franchise contract with a menu similar to that of the Pohang Deopjukjip. This company is different from the franchise that applied for the trademark.

At that time, owner Ms. Choi posted on her social media, "I have not opened a Deopjukjip in other regions," and appealed, "Please do not steal (the recipe)," which sparked a boycott movement among netizens online.

As the plagiarism controversy spread, the company representative apologized, saying, "We deeply hurt the representative of Sinchon’s Deopjuk in Pohang, who developed Deopjuk through months of research and effort," and pledged to withdraw from all franchise businesses.