Supreme Court Decision Confirms TAPE’s Ownership of “Eat Bulaga” Trademark
In a recent decision, the Supreme Court (SC) affirmed that Television and Production Exponents Inc. (TAPE) is the rightful owner of the “Eat Bulaga” trademark. The SC’s decision stated that when an entity has prior use or registration of a trademark, and the applicant for registration has knowledge of this prior use, the trademark application should be denied due to bad faith.
The SC referred to a previous case involving the registration of the trademark “Cyma” restaurant to support its decision. The court emphasized that trademark applications should not be approved if there is evidence of bad faith, such as an applicant’s knowledge of prior use or registration by another party.
TAPE’s lawyer, Maggie Abraham-Garduque, believes that this SC decision applies to the ongoing “Eat Bulaga” trademark issue. She stated, “Yes, this applies to the application of TVJ [Tito Sotto, Vic Sotto, and Joey de Leon] and now only Joey de Leon of trademark application over ‘Eat Bulaga’ despite their/his knowledge of its prior use by TAPE, Inc. I am happy that the Supreme Court clarified this matter. At any rate, it is also not only legal but likewise fair that a person cannot register a trademark which has been popularly used by another.”
TAPE successfully renewed the registration for the “Eat Bulaga” trademark in June through the Intellectual Property Office of the Philippines (IPOPHL). The trademark registration is valid for 10 years, until June 14, 2033.
The SC’s decision regarding the “Cyma” trademark registration serves as a precedent for the “Eat Bulaga” case. In the “Cyma” case, the Court of Appeals (CA) upheld the IPOPHL’s rejection of an individual’s trademark application and approved the registration of a partnership.
With the SC’s ruling, TAPE can confidently assert its ownership of the “Eat Bulaga” trademark, safeguarding its rights and ensuring the continued recognition of the popular television show brand.
