As Ishikawa Prefecture of Japan is taking legal action to secure exclusive rights to the high-quality grape variety ‘Ruby Roman’ in Korea, domestic seed producers are moving to invalidate the ‘Ruby Roman’ trademark, drawing attention to its background and prospects.
Our newspaper has confirmed that the Korea Fruit Seed Association recently filed a trademark registration invalidation trial for ‘Ruby Roman’ with the Intellectual Property Trial and Appeal Board through a patent attorney. The grape variety, which Ishikawa Prefecture developed in 2007 after more than a decade of research, is written in Japanese and English as ‘ルビーロマン’ and ‘ruby roman’ respectively. In Korea, it is commonly called ‘Ruby Roman.’
However, in Korea, Mr. A applied for the trademark for this variety under the names ‘Ruby Roman’ and ‘Ruby Roman’ and acquired it on September 5, 2019 and September 9, 2020, respectively.
Since then, Mr. A has reportedly been exercising his rights by sending warning letters to seedling company B in Taean, South Chungcheong Province, which sold the seedlings in question. On May 7, 2021, seedling company B filed a request to the Patent Examination Board to invalidate the ‘Ruby Roman’ trademark. On August 29, 2022, the Patent Examination Board made a cancellation decision, and the trademark was finally invalidated.
Currently, seedlings and products of the variety in question are freely cultivated and distributed under the name ‘Ruby Roman’ on the market.
The problem is that the ‘Ruby Roman’ trademark owned by Mr. A is still valid. Coincidentally, the variety name according to the ‘Plant Variety Protection Act’ was also registered as ‘Ruby Roman’, and the controversy surrounding the name continues.
An official from the Fruit Seed Association explained, “‘Ruby Roman’ is a fruit variety name, so it cannot be monopolized by a specific person, so it should be available for use by anyone who grows and sells the variety,” and “That is why we filed for an invalidation trial.”
In the industry, it is highly likely that this case will also be ruled invalid, as the ‘Ruby Roman’ trademark was ruled invalid on August 29, 2022.
Attorney Chang-soo Jeong, who filed the invalidation trial on behalf of the company at the time, said, “In the 2010s, there was already a case in Korea where the ‘Ruby Roman’ trademark was