Recently, South Korea’s Hazard Management Division issued the “Guidelines on Establishing Biocidal Product Names” (살생물제품명 설정을 위한 안내문), setting out principles for the labeling of biocidal product names, the order of handling applications for identical names, rules for submitting and changing product names, and expressions that must not be used in product names. The guidelines are primarily intended for companies applying for biocidal product approval and aim to reduce the risk of product names misleading consumers, exaggerating efficacy, or violating labeling and advertising restrictions.

The “Regulation on the Labeling of Biocidal Products” states that the purpose of managing biocidal product names in South Korea is to prescribe matters necessary for the labeling of biocidal products and to provide accurate information to consumers who purchase and use such products. In other words, a product name is not only commercial identification information, but is also regarded as part of consumers’ risk awareness and safe-use information.

The newly issued “Guidelines on Establishing Biocidal Product Names” include the following key points:

1. Product names should, in principle, be indicated in Korean and must not be misleading or exaggerated

The product name should be consistent with the name stated in the biocidal product approval notice. Where there are multiple product names, one representative product name should be entered on the first page of the approval notice, and the remaining names should be listed in an attachment. At the same time, to prevent hazards arising from product use, product names must not be exaggerated, misleading, or in violation of advertising requirements.

2. Handling of products with identical names: trademark rights take priority, followed by application and evaluation timing

For cases where different applicants apply for the same biocidal product name or the same additional biocidal product name, the guidelines establish certain handling rules. It should be noted that if it can be confirmed that an applicant holds trademark rights to the biocidal product name or additional biocidal product name, the case will be handled with priority regardless of these rules.

This arrangement means that, at the product naming stage, companies should not only focus on regulatory compliance, but also check trademark ownership and name availability in advance to avoid impacts on approval timelines due to conflicts involving identical names.

3. Submission and change of names: the main product name generally cannot be changed after the approval application is filed

The guidelines make clear that after an application for biocidal product approval has been submitted, the main product name cannot be changed; if a company needs to make adjustments, it should apply through the change approval procedure after the approval notice has been issued.

4. Restricted product names: misleading expressions such as “eco-friendly,” “safe,” and “non-toxic” are prohibited

The guidelines list various examples of restricted product names. For example, expressions that may enhance a product’s positive image by using a specific name must not be used; excessive use of superlative or best-in-class expressions is not permitted; and safety-, environmental-, or natural-related expressions that violate labeling and advertising restrictions must not be used. The guidelines remind companies to refer to the implementation notice for the “Regulation on Labeling and Advertising of Household Chemical Products, etc.” when establishing product names.

Although these guidelines are explanatory documents for establishing product names, their content is directly related to biocidal product approval, label indications, and advertising compliance. For companies, product names are no longer merely a marketing issue, but an important component of the completeness of approval application dossiers, approval priority, label review, and subsequent sales compliance. Therefore, relevant companies are advised to proactively check for risks of identical product names, use marketing terms with caution, and ensure that product names fully comply with the requirements of the guidelines.