A lawyer for the Television and Production Exponents Inc. (TAPE) said Tito and Vic Sotto, and Joey de Leon, known as TVJ, cannot use “Eat Bulaga” on their show on TV5 as the decision of the Intellectual Property Office of the Philippines (IPOPHL) canceling the trademark registration of TAPE is not yet final.
"Eat Bulaga" and Tito, Vic and Joey, known as TVJ (Photos from TAPE's Facebook account, Instagram account "EatBulaga1979")
“It is the vehement submission of TAPE that they can still use ‘Eat Bulaga’ since the decision of the hearing officer of the BLA-IPO [Bureau of Legal Affairs-Intellectual Property Office] is not yet final and in fact appealable. Likewise TVJ cannot use it on their show as their application with the bureau of trademark has not been granted also,” said Maggie Abraham-Garduque, TAPE lawyer.
Abraham-Garduque warned that “In the event that TVJ preemptively use it on their show, TAPE will definitely file cases against TVJ and TVJ Productions to protect the interest of TAPE Inc.”
TAPE is the producer of "Eat Bulaga."
In a decision dated Dec. 4, IPOPHL’s BLA granted the petition of TVJ to cancel the trademark registrations of “Eat Bulaga” and “EB” under TAPE, which were issued on June 14, 2013.
“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] under Class 25, 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.
Abraham-Garduque on Dec. 5 said that “under the rules TAPE can appeal this decision to the director of the BLA of IPO.”
She added, "If still unsatisfied with the decision of the director, they can still appeal it to the director general of the IPO. TAPE will avail of all legal actions/remedies to reverse this decision.”
TVJ left "Eat Bulaga" and TAPE and transferred to TV5 where they are now hosting the TV show "E.A.T."
"Eat Bulaga," which airs on GMA Network, has a new set of hosts.