Why Ishikawa Prefecture's high-end grape variety ”Ruby Roman” is struggling to register its trademark in Korea

Regarding the issue of "Ruby Roman," a high-end grape variety produced in Ishikawa Prefecture, being leaked to and distributed in South Korea, it has been learned that the prefecture has asked the South Korean authorities to revoke the "variety name registration" of Ruby Roman.
The Chunichi Shimbun reported on the 18th of last month. Ruby Roman is a brand fruit that the prefecture has been proud of, having spent 14 years developing. Originally, only a limited number of farmers who had signed a contract with the prefecture could grow it, but
Seedlings that do not meet the standards are currently being distributed in the country. The prefecture is concerned that its brand image may be damaged, so it has decided to suspend operations in October 2022.
In order to restrict the distribution of Ruby Roman in Korea, the company applied for a trademark for "Ruby Roman" with the Korean Intellectual Property Office. However, under the Trademark Act, the name is the same as a variety name already registered under the Act on the Protection of New Plant Varieties.
The name of the variety "Ruby Roman" was registered by a seedling company in Korea in 2021. Therefore, in January of this year, the Korean Intellectual Property Office
In response to this, the prefecture notified the prefecture of these "reason for refusal" for the application for "Ruby Roman" by the National Seed Service of Korea in order to resolve the reason for refusal and realize the trademark registration.
The company applied to cancel the registration of the variety name "Ruby Roman." Ruby Roman is a variety developed by the Ishikawa Prefecture Sand Dune Agriculture Research Center, and was first shipped in 2008. The berries are large and bright.
The characteristic of these cherries is their light red color. They are subject to strict standards, such as a diameter of 3.1 cm or more, a sugar content of 18 degrees or more, and uniform coloring. In addition, the shipping boxes are packed with the labels of each producer, who is responsible and confident about the product.
As proof that the product has been shipped from a manufacturer, a "producer seal" is attached that lists the place of origin and the name of the producer, and since 2008, the Ruby Roman logo has also been used to indicate that the product is genuine.
The design is made up of circles, and according to the explanation on the Ruby Roman information website of JA Zennoh Ishikawa, "Ruby Roman CLUB," the three circles represent the buyer (consumer), the maker (producer),
The symbol represents the people who work together to develop Ruby Romance, and the people who mediate between them (distribution workers).
However, in August last year, it was discovered that a Korean company had been using the logo without permission on grapes that it was selling online under the name Ruby Roman.
The prefecture warned the company to stop using the logo and informed them that legal action would be taken if they did not comply. The company submitted a letter of commitment stating that it would not use the logo in the future.
However, as mentioned above, the name Ruby Roman has not yet been registered as a trademark in Korea, so it is not legally possible to stop it from being used.
It was in 2021 that it was discovered that grapes called "Ruby Romance" were being sold in South Korea.
The article was headlined, "A premium grape that will replace Gine Muscat... 80,000 won per bunch." The article introduced Ruby Roman as Japan's highest-grade grape produced in Ishikawa Prefecture, and initially
The news was also reported in Japan, and the Ishikawa Prefecture side was astonished at the time, saying, "I've never heard of that before."
DNA testing revealed that the genetic information of grapes sold in South Korea matched that of Ruby Roman. The speculation emerged that seedlings had been smuggled to South Korea.
The Seed and Seedlings Act prohibits the illegal export of agricultural seeds and seedlings, including Ruby Roman, overseas, but the seedlings were taken to South Korea before the revised law came into effect.
In addition, when a new variety is developed, if it is registered, it is possible to have the exclusive right to use the seeds and seedlings, but under international law
Furthermore, variety protection procedures must be completed in each country within six years of first distribution, and although Ishikawa Prefecture had registered the variety in Japan, it had not done so overseas within the deadline.
In Korea, grapes that do not meet the standards are being sold as "Ruby Roman", and the prefecture is trying to protect the brand at all costs by introducing a second-best measure, the January 2022 deadline.
In October, the company applied for a trademark for "Ruby Roman" with the Korean Intellectual Property Office. However, "Ruby Roman" was registered as a variety name by a Korean seed company in 2021, and the Trademark Act does not allow the use of the name as a new plant.
The trademark could not be registered because the Species Protection Act stipulates that a trademark that is identical or similar to an already registered variety name cannot be registered.
Last month, the prefecture requested the National Seed Service of Korea to cancel the registration of the variety name "Ruby Roman."
The prefecture also plans to negotiate the transfer with the potential buyer. The Chunichi Shimbun newspaper reported on the 18th of last month that "if the prefecture can register the trademark as a second-best option, it will take legal measures to stop sales against sellers."
"We believe that this will help limit the distribution of fake grapes," he explained. Meanwhile, according to the article, 31 farmers have reported to date that they have registered their grape varieties, which is a prerequisite for production and sales in the area.
The article pointed out that the hurdle for deregistration is likely to be high. On the 19th of last month, the first auction of Ruby Roman was held at the Kanazawa Central Wholesale Market.
The sweet potatoes were sold at auction for 1 million yen per bunch. At a press conference last month, Ishikawa Prefecture Governor Hiroshi Hase stated, "We will thoroughly protect the sweet potatoes. And we will thoroughly
"I will fight to the end," he said. Will the trademark registration be successful?