Alley Restaurant 'Deopjuk' Protected... Patent Office "Third-Party Trademark Registration Refused"

SBS 'Baek Jong-won's Alley Restaurant' Fame Gained by 'Deopjuk'
Third Party Files 'Deopjuk' Trademark Application After Broadcast

Photo by SBS, capture from Baek Jong-won's Alley Restaurant

[Asia Economy Reporter Na Ye-eun] The Deopjuk restaurant in Pohang, Gyeongbuk, which was featured on SBS's "Baek Jong-won's Alley Restaurant" last July, has been allowed to retain the name "Deopjuk."

According to industry sources on the 17th, the Korean Intellectual Property Office (KIPO) rejected the trademark registration of "Deopjuk" filed by individual entrepreneur Mr. A, who applied for the trademark before Deopjuk restaurant CEO Choi Min-a.

Earlier, CEO Choi, who runs a restaurant in Pohang, Gyeongbuk, succeeded in developing the "Deopjuk" menu, which can be eaten by mixing sauce like a rice bowl. However, after the broadcast, as "Deopjuk" gained popularity, a franchise emerged featuring Deopjuk as its main menu. Although unrelated to CEO Choi, the business had copied the recipe to create the franchise.

Later, with the production team's help, CEO Choi sent a certified letter to the franchise company, but did not receive an immediate response. After media reports that the production team would intervene, the company suddenly visited and reportedly knelt down in apology.

Through "Alley Restaurant," CEO Choi expressed, "I could not bear the sarcastic remarks from similar businesses asking, 'Is this the owner's restaurant?' or saying, 'You have lost your original intention.' I was continuing research for perfect packaging and had been holding off on packaging sales, but eventually sought help from a company that offered delivery."

The "Alley Restaurant" team conveyed their determination to protect CEO Choi, the Deopjuk recipe, and brand, and to set a good precedent together.

Trademark application status related to Deopjuk.
Photo by Korea Intellectual Property Rights Information Service (KIPRIS) capture

A KIPO official stated, "The reason for rejection was that it could deceive or mislead consumers." The first broadcast of Deopjuk on "Alley Restaurant" was on July 15 last year, and Mr. A filed the trademark application the following day, July 16.

Under the current Trademark Act, which adopts the "first-to-file" principle granting rights to the first applicant, CEO Choi might have been unable to use the term Deopjuk. However, the issue arose because the Deopjuk episode aired on "Alley Restaurant" the day before Mr. A filed the trademark application.

Photo by SBS, capture from Baek Jong-won's Alley Restaurant

Meanwhile, with the help of CEO Baek and the patent law firm Aju, CEO Choi filed trademark applications for "Somun Deopjuk," "Siso Deopjuk," and "THE Sinchon's Deopjuk" last August, and also filed for the "Omu Deopjuk" trademark last December.

KIPO seemed to be completing the trademark registration by issuing a publication notice for the three earlier trademarks in June this year. However, a variable arose when a third party filed an opposition to the trademark application within a month.

A KIPO official explained, "If there is an opposition, we listen to the opinions of both the opposer and the original applicant. If the opposition reason is deemed valid, the trademark registration is rejected; if not, the registration proceeds. Since there are many opposition cases, the review process is expected to take at least 10 months."