A Korean rice wine maker has discovered that its original product name has already been trademarked in Japan by Japanese company and it may now have to change the name if it is to keep exporting to the island country. Makgeolli or Korean rice wine is becoming increasingly popular in Japan.

Sangsinjuga, which makes Pocheon Ildong Saeng Makgeolli in Ildong, Gyeonggi Province, on Sunday said a Japanese company already registered "Pocheon Makgeolli," "Pocheon Ildong Makgeolli," and "Ildong Makgeolli" with the Japan Patent Office on Nov. 28, 2008.

Sangsinjuga executive Kim Hyeong-chae said the Japanese firm has not so far lodged a complaint about trademark violation, so Sansinjuga is still exporting products with the same name to Japan, "but if the Japanese company files a lawsuit, then we have to change the name, and that will inevitably decrease our exports for some time."

Sangsinjuga exported 27,000 liters of makgeoli worth W40 million (US$1=W1,185) to Japan in October. Four or five liquor makers in Pocheon produce and export makgeolli with names containing "Pocheon" and "Ildong."

Korean law does not permit trademarking of place names. Instead, if the region specified in the name of a product is the place of origin, it can be protected under the geographical indication system, just as it would be protected under trademark registration. The manufacturer can benefit from the geographical indication system by applying to the National Agricultural Products Quality Management Service, but due to lack of public awareness, very few do.

An official at the Ministry for Food, Agriculture, Forestry and Fisheries said, "In international trade, countries only recognize trademarks only when the products are geographically indicated in the country of origin. For those who produce regional specialties with commercial prospects, it is safer to register the name of the products under the geographical indication system in advance."