The Television and Production Exponents Inc. (TAPE) filed an appeal with the Intellectual Property Office of the Philippines (IPOPHL) to reverse the decision of its Bureau of Legal Affairs (BLA) canceling the producer’s trademark registration for “Eat Bulaga.” 

In a decision dated Dec. 4, BLA Adjudication Officer Josephine Alon 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. 

TAPE spokesperson and lawyer Maggie Abraham-Garduque (center) explains the appeal of the nootime show producer (Screenshot from TAPE Inc. video)

“Wherefore, premises considered, the instant Petition for Cancellation is hereby granted. Accordingly, Certificate of Registration No. 4-2011-005951 issued on 14 June 2013 for the trademark [Eat Bulaga]…is hereby cancelled,” according to the decision by Alon. 

TAPE’s appeal was filed with the director of the BLA on Dec. 12. 

In a press conference on Dec. 13, TAPE spokesperson and lawyer Maggie Abraham-Garduque said the BLA officer’s decision is not yet final. 

“This just means hindi pa po pinal ang decision ng adjudication officer ng BLA (This just means the decision of the adjudication officer of the BLA is not yet final),” she said. 

Last Dec. 6, IPOPHL issued a statement, stating that “the decisions of the Adjudication Officer may be appealed to the BLA Director within 15 days from receipt of the decisions. In turn, the appellate decisions of the BLA Director may be appealed to the IPOPHL Director General within 30 days from receipt of the copy of the BLA Director’s decisions. The EAT BULAGA and EB registrations that are covered by TM Reg. No. 4-2011-005951 and No. 4-2011-005950 are for Nice Classes 16, 18, 21 and 25.” 

“Pagbigyan naman po natin yung apela din naman na maakyat at marinig din at huwag po natin i-preempt ang decision ng body na magre-review or magtitingin ulit nitong desisyon ng adjudication officer (Our appeal should be allowed to go up and be heart and let us not preempt the decision of the body that will review or look into the decision of the adjudication officer),” added Abraham-Garduque. 

She said since the adjudication officer’s decision is not yet final, the cancellation of TAPE’s trademarks on “Eat Bulaga” and “EB” should not be implemented at this time. 

Abraham-Garduque said as of the time of the press conference, TAPE’s trademark registrations for “Eat Bulaga” and “EB” are still valid based on information on the IPOPHL website. 

Meanwhile, De Leon’s trademark application for “Eat Bulaga” is still pending on the IPOPHL website. 

She said TAPE’s position is that “as of now, we still have the registration of the trademark of ‘Eat Bulaga’ as can be seen from the website of the IPO. There is still no award being given to Joey de Leon with regards to the trademark registration of ‘Eat Bulaga’ trademark.” 

TAPE, she added, will continue to use “Eat Bulaga” on its noontime show while its appeal is pending.

In its appeal, TAPE is asking the BLA director to suspend the cancellation of registration of “Eat Bulaga,” reverse the decision of the adjudication officer,  and dismiss or deny TVJ’s petition for cancellation for lack of merit.

She emphasized that TAPE is respecting the process with regard to the BLA decision.