IPOPHL decision on ‘Eat Bulaga’ trademarks did not cover TV show – TAPE lawyer
The legal counsel and spokesperson for the Television and Production Exponents Inc. (TAPE) stated that the recent decision of the Intellectual Property Office of the Philippines (IPOPHL) revoking the producer’s trademark registration for “Eat Bulaga” did not extend to the TV show.
According to a decision dated Dec. 4, IPOPHL’s Bureau of Legal Affairs (BLA) granted the petition of Tito and Vic Sotto, and Joey de Leon, known as TVJ, to cancel the trademark registrations of “Eat Bulaga” and “EB” under TAPE.
The IPOPHL decision did not mention anything about the TV show, and only canceled trademarks related to certain merchandise items, TAPE lawyer Maggie Abraham-Garduque explained.
“In a press conference on Dec. 6, TVJ said with the decision, they can now use the trademark ‘Eat Bulaga,'” said Abraham-Garduque. However, she clarified that the decision did not grant TVJ the right to use the name ‘Eat Bulaga’ in their show, as it only pertained to certain merchandise items.
Additionally, Abraham-Garduque emphasized that the decision was not yet final and could be appealed. She mentioned that TAPE planned to appeal the decision and requested a second look at the grounds for cancellation of the trademark.
She argued that the decision could set a negative precedent not only in the entertainment industry but in other industries as well, by potentially allowing individuals to claim ownership of trademarked names based on the concept of being the “originator” of the trademark.
The decision revokes trademarks under Classes 16, 18, 21, and 25, related to specific merchandise items, and does not affect the use of the name ‘Eat Bulaga’ in the TV show. TAPE also plans to appeal the decision within the 15-day allowance for appeals to be submitted.
