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IPOPHL says decision revoking TAPE's 'Eat Bulaga' trademark registration can be appealed
IPOPHL says decision revoking TAPE's 'Eat Bulaga' trademark registration can be appealed
The Intellectual Property Office of the Philippines (IPOPHL) clarified that the decision of its Bureau of Legal Affairs (BLA) canceling the trademark registrations for “Eat Bulaga” andn “EB” under Television and Production Exponents Inc. (TAPE) can be appealed.
In a decision dated Dec. 4, IPOPHL’s 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, which were issued on June 14, 2013.
"Eat Bulaga" (Photo from TAPE's Facebook page)
“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. Let the filewrapper of the subject trademark registration be returned, together with a copy of this Decision, to the Bureau of Trademarks for information and appropriate action,” according to a decision written by Adjudication Officer Josephine Alon of the BLA.
In a statement issued on Dec. 6, IPOPHL stated, “On recent queries regarding the cancellation of the Television and Production Exponents Inc. (TAPE) registration of the “EAT BULAGA” and “EB” trademarks No. 4-2011-005951 and No. 4-2011-005950, respectively, IPOPHL confirms that the petitions for cancellation were granted last December 4, 2023, and the decisions were received by the parties on December 5, 2023.”
“As provided for under the Bureau of Legal Affairs (BLA) procedures, the cases initially underwent compulsory mediation. As the parties failed to settle, the petitions were referred to adjudication at which stage hearings were held to inspect and compare the parties’ respective evidence, followed by submission of position papers. After which, the Adjudication Officer rendered the decisions,” it said.
According to IPOPHL, “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,” it said.
Maggie Abraham-Garduque, TAPE lawyer, said they will file an appeal to reverse the decision of the BLA.
