As we all know that the term Borahae was created by V and it has been filed for Intellectual Property by Big Hit. However, recently, the Korean Intellectual Property Office has announced the rejection of HYBE's trademark application for the term "BORAHAE" that was applied last year.
The reason for this problem lies in the fact that its owner is Taehyung and not HYBE. This, after being announced, made fans even more angry at HYBE's actions and asked HYBE to clarify this issue.
Specifically, according to the latest announcement by the Korean Intellectual Property Office, HYBE tried to trademark the term "BORAHAE" under the company name instead of its creator, Kim Taehyung, aka. is V of BTS. This is the main reason why the intellectual property application of this term has not been approved because HYBE cannot register the term belonging to Taehyung by any contractual relationship including as a partnership, employee member or business transferor.
In the notified document, the Korean Intellectual Property Office clearly stated the reason for the refusal as follows: "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 a similar trademark application despite knowing that the similar mark had been used by others through a contractual relationship such as a partnership, employment or business transaction. Since Kim Taehyung has a contractual relationship with HYBE, the company's application for a similar trademark is subject to the provisions of Article 34 (1) no. 20 of the Trademark Act.
Specifically, Article 34 clearly stipulates: "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."
Currently, Taehyung does not officially own the copyright to "BORAHAE", but the IPO recognizes him as its creator. HYBE may make another attempt to acquire the rights to the trademark or provide credit when it is due and apply it under the name "Kim Taehyung". But all decisions must be made with the consent of V.
HYBE's trademark registration under the company's name angered ARMYs. Even the other BTS members agree that the label should be under Taehyung's name. The term is even globally recognized as belonging to Taehyung by all fans and industry experts.
#BORAHAE_YOURS_KIMTAEHYUNG also trended on Twitter as fans shared their thoughts on the trademark issue and their frustrations over the company's actions. What Taehyung created has expanded beyond just a symbolic phrase and is now an integral part of BTS' brand and image used in the official marketing of their collaborative projects.
Music companies and labels have a reputation for taking advantage of the artists under them. Fans are praying for a positive outcome to the trademark issue that will benefit Kim Taehyung, the creator and rightful owner of "Borahae":
- 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!! Hope next step is Tae trademarking to himself officially!!
- Here we go again..... Taehyung is the rightful owner of the phrase....what are you doing hybe?
- I AM BACKING THE BTS MEMBERS OPINIONS They themselves stated publicly through the years that #V #Taehyung #BTSV #KimTaehyung should be paid for the use of Borahae and purple their products. It's called compensation for the legal rightful owner. Easy to resolve for Bighit simply write a check and he can sign over the creator rights.
- 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
- That company so sad. Like they don’t have no shame. Stealing from they own Artist. That’s what they doing now ??? #OutHYBE
- I hope tae goes forward with copyright. He has the full support of the fans. I don’t think for one second he would profit off of it. Knowing tae he would donate it all back to the community and army. I wonder if fans can try to trademark it in his name. Hybe should be ashamed of themselves.
- This is an ethical issue. Hybe trying to get a register borahae without Taehyung knowledge and consent does not seat well with fans. Taehyung needs to receive royalties for the usage of his creation and that is the honorable thing to do. End of story.
- Really surprised that the KIPO made that decision - didn’t think they’d be that progressive in thinking. I’m wondering if there were dissenting claims that were made that convinced the KIPO to go this way (though I’m guessing not by V himself). V now needs to get an IP lawyer and trademark it around the world now.
- Could be that there are ARMYS working in KIPO and even tho it is a work environment and separate from personal life, someone could have given extensive proof and findings so the right decision was made. Basically you have them everywhere, lawyers, doctors, IT, social services.