HYBE label has attempted to trademark the term "BORAHAE" under the company instead of its creator, Kim Taehyung, aka V of BTS.
The Korean Intellectual Property Office announced that they have rejected HYBE's application to own the trademark rights to the term "BORAHAE" that was applied last year.
Korean Intellectual Property Office announced that the result of the "notification of submission of opinion" that rejects the "BORAHAE" that HYBE applied for trademark rights. This is not the final result. https://t.co/9mOBnZa0Ru pic.twitter.com/hE5bILW2mi
— (busy) PURPLE HEARTS (@KTHsupportKr) October 7, 2022
Hybe filed a copyright application for "Borahae" under the company's name & the IPO rejected it & acknowledged it was created by Kim Taehyung. Hybe cannot be registered through a contractual relationship such as a partnership, employment or business transaction. https://t.co/VyLjUW7u96
— 보라해 𓊝 ᴷᶦᵐ ᵀᵃᵉʰʸᵘⁿᵍ (@TaeVear50) October 7, 2022
Reason for Korean Intellectual Property Office's rejection:
"Borahae" or "I Purple You" is a newly coined term that began at a BTS fan meeting on November 13, 2016, when BTS member V (Kim Taehyung) said, "Borahae means to trust the other person until the end and love each other for a long time like purple, the last color of a rainbow."
However, HYBE requested the same trademark application despite being aware that a similar trademark is already being used by others through a contractual relationship such as a partnership, employment, or transactional business relationship.
As Kim Taehyung is under a contractual relationship with HYBE, the company's application for the same trademark falls under the provisions of Article 34 (1) No. 20 of the Trademark Act.
"Any trademark for the registration of which an applicant applies on goods, which is identical or similar to such trademark, while he or she is aware that another person uses or intends to use the trademark through a contractual relationship, such as partnership or employment, or business transactional relationship, or any other relationship." - Article 34 (1) No. 20 of the Trademark Act
However, the decision is not final.
Currently, Taehyung does not officially own the copyright to "BORAHAE," but the IPO recognizes him as its creator. HYBE can either make another attempt to gain the trademark rights or give credit where it's due and apply it under the name of "Kim Taehyung."
Even other BTS members have agreed that the trademark should be under Taehyung's name.
🐿️ Borahae something what taehyung said, but it developed into so many other things.
— ۵ (@mybwits) October 7, 2022
🐱 Taehyung needs to get royalties
🐻 BH if you make something purple from here on out, give me some royalties.
🐱 You should register a trademark.
🐻 I have to register BTS first.
Not you HYBE pic.twitter.com/t64HeLQWQx
Even without an official copyright, Taehyung is already recognized globally by both fans and industry professionals as the owner of the term.
In September 2021, Park Sungwoo of the Korean Intellectual Property Office talked about BTS trademarks and recognized “Borahae” as a phrase coined by V on YTN Radio.
[INFO] Park Sungwoo of Korean Intellectual Property Office talked about BTS trademarks and recognized “Borahae” as a phrase coined by V on YTN Radio
— KTH FACTS (@KTH_Facts) September 3, 2021
PS: Have you ever heard of Borahae? Borahae is a newly coined word by BTS V, Kim Taehyung, that means "Let's trust and love + pic.twitter.com/HlJNOAvv21
Upon hearing the news, ARMYs expressed their disappointment with HYBE's attempt to bypass the creator instead of giving Taehyung the credit he deserves.
#BORAHAE_YOURS_KIMTAEHYUNG also trended on Twitter as fans shared their thoughts about the trademark issue and their frustrations about the company's actions.
Borahae created by Taehyung. Not you HYBE.
— ۵ (@mybwits) October 7, 2022
now that Korean Intellectual Property Office rejected 'BORAHAE' to be trademarked to hybe because Taehyung is recognized as the original creator. Can the company now do the right thing?? The fact they even tried trademarking it in the first place without TH. Very ridiculous! pic.twitter.com/IBD4hyNxI1
— Vnig (@BTSV_Nigeria) October 7, 2022
Kim Taehyung creator of borahae, IPO recognizes Kim Taehyung as a creator, so the only thing left, is for him to claim the copyright for this phrase. He deserves it and I hope he will be able too 💜
— (V)ɪɴɴᴇʀ ᴄʜɪʟᴅ ¹¹⁹ (@111taekim111) October 7, 2022
Give Taehyung his overdue Credit.
— 🍆⁷ ₛₒₗₒᵢₛₜ ₖₜₕ (@Vholic_) October 7, 2022
Borahae belongs to Him only. He deserves respect and royalties from his creation. pic.twitter.com/n2TIptriVT
hybe applied for the copyright way back but now its solo era and things have been extremely different and I hope taehyung really stops being selfless and fights for his right cus even the korean ipo siding is with him atp
— Zaisha⁷⁹🔸 (@faceofkpopV) October 7, 2022
Can't believe hybe tried to trademark and own borahae to themselves (without crediting Tae) when they have its creator in their mfing house under their management like this low hella low!!
— `` (@BELLAKTH___) October 7, 2022
Hope next step is Tae trademarking to himself officially!! https://t.co/Eku3QTR2Cd
The word 'Borahae' only exists because of Kim Taehyung. It was his trademark and not hybe!#창작자김태형에게_보라해권리를#BORAHAE_YOURS_KIMTAEHYUNGpic.twitter.com/8xU1mj8mP4
— raeven ∞ ia (@jeonggukietokki) October 7, 2022
What Taehyung has created has expanded beyond just a symbolic phrase and is now an integral part of BTS's brand and image that is used in the official marketing for their collaborative projects.
Companies and music labels have a reputation for taking advantage of artists under them. Fans are praying for a positive outcome to the trademark issue that will be in favor of Kim Taehyung, the creator and rightful owner of "Borahae."
[UCC] ARMYs celebrate 5 years of BTS V's iconic phrase "I Purple You" https://t.co/HbjYzs42rN
— allkpop (@allkpop) November 12, 2021
[UCC] #BTS's #V enjoys a night out in Las Vegas as the city turns purple thanks to his iconic creation 'Borahae' https://t.co/Y2hZV46V0p
— allkpop (@allkpop) April 8, 2022
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