TAPE asks IPOPHL to deny TVJ's applications to trademark 'Eat Bulaga'
The Television and Production Exponents Inc. (TAPE) has asked the Intellectual Property Office of the Philippines (IPOPHL) to deny the applications of Tito and Vic Sotto, and Joey de Leon, known as TVJ, to trademark the name “Eat Bulaga.”
TAPE, the producer of the noontime show “Eat Bulaga,” is the prior registrant of the trademark “Eat Bulaga.” Its IPO registration for “Eat Bulaga” expired on June 14 and has applied to renew the registration.
TAPE Inc. asserts that it is the owner of the trademark "Eat Bulaga" (Photos from TAPE's Facebook page)
Tito and Vic Sotto, and Joey de Leon (Photo from "Eat Bulaga 1979" Instagram account) On Feb. 27, 2023, TVJ and Antonio Tuviera, TAPE board director, filed a trademark application for “Eat Bulaga.” De Leon filed a separate trademark application for “Eat Bulaga” on March 22, 2023. According to TAPE lawyer Maggie Abraham-Garduque, Tuviera denied giving his consent or he had knowledge about putting his name in the February 2023 trademark application. "Yes, he denies that. Being a stockholder of TAPE Inc., he cannot file an application for trademark that is already registered under his own company, TAPE Inc. He said TAPE Inc. also has no consent in putting his name in the Feb 27 application." said Abraham-Garduque. In its July 12 letter to IPOPHIL's Bureau of Trademarks, TAPE said TVJ and De Leon’s trademark applications for “Eat Bulaga” should be denied for "failing to pass the 'identity of applicant' tests, setting a confusion as to who among them is the real applicant, claiming ownership of the subject trademark. With due respect, we humbly believe that said fact alone is enough to outrightly refuse/deny their applications at this examination stage as the applicants fail to qualify for publication.” "TAPE Inc humbly but vehemently submits that the 2 applications are innately and fatally defective and should be denied outright as early as the examination process,” said Abraham-Garduque. Under the rules, after filing an application for trademark, it will be referred to an examiner who will assess or evaluate the application if it complies with all the requirements for registration, then it will be referred to publication. "A trademark is a word, a group of words, sign, symbol, or a logo that identifies and differentiates the source of the goods or services of one entity from those of others," according to the IPOPHL website. However, Abraham-Garduque said the applications of TVJ should not be referred to publication and must be denied as early as this stage. "There are 2 applications, one was filed on Feb 27, 2023 by TVJ and Mr. T [Antonio Tuviera] and the other one was on March 22, 2023 by Joey de Leon only. As a rule, an applicant for trademark alleged that he or they are the owners of trademark that is why he or they are applying for registration on his or their names,” she said. She added, “However, based on these applications, TVJ did not know who is the real owner of the trademark. In the Feb 27 application they alleged the owner thereof are TVJ and Mr. T. Then in the March 22, 2023 application, Joey de Leon is saying that he is the sole owner. Thus, the applications failed to pass the ‘identity of applicant’ test. These applications must be refused outright.” Tito, Vic and Joey also asked the IPO to cancel the “Eat Bulaga” trademark. “Eat Bulaga,” which airs on GMA, is now being hosted by a new group of stars including Paolo Contis, Cassy Legaspi, Mavy Legaspi, Buboy Villar, Betong Sumaya and Alexa Miro. Tito, Vic and Joey left TAPE and are now the hosts of the show “E.A.T.,” which premiered on July 1 on TV5. TVJ and Jenny Ferre recently filed a complaint before the Marikina Regional Trial Court Branch 273 against TAPE for “Copyright Infringement and Unfair Competition under R.A. No. 8293, otherwise known as the Intellectual Property Code of the Philippines, with Application for Issuance of a Writ of Preliminary Injunction.”
TAPE Inc. asserts that it is the owner of the trademark "Eat Bulaga" (Photos from TAPE's Facebook page)
Tito and Vic Sotto, and Joey de Leon (Photo from "Eat Bulaga 1979" Instagram account) On Feb. 27, 2023, TVJ and Antonio Tuviera, TAPE board director, filed a trademark application for “Eat Bulaga.” De Leon filed a separate trademark application for “Eat Bulaga” on March 22, 2023. According to TAPE lawyer Maggie Abraham-Garduque, Tuviera denied giving his consent or he had knowledge about putting his name in the February 2023 trademark application. "Yes, he denies that. Being a stockholder of TAPE Inc., he cannot file an application for trademark that is already registered under his own company, TAPE Inc. He said TAPE Inc. also has no consent in putting his name in the Feb 27 application." said Abraham-Garduque. In its July 12 letter to IPOPHIL's Bureau of Trademarks, TAPE said TVJ and De Leon’s trademark applications for “Eat Bulaga” should be denied for "failing to pass the 'identity of applicant' tests, setting a confusion as to who among them is the real applicant, claiming ownership of the subject trademark. With due respect, we humbly believe that said fact alone is enough to outrightly refuse/deny their applications at this examination stage as the applicants fail to qualify for publication.” "TAPE Inc humbly but vehemently submits that the 2 applications are innately and fatally defective and should be denied outright as early as the examination process,” said Abraham-Garduque. Under the rules, after filing an application for trademark, it will be referred to an examiner who will assess or evaluate the application if it complies with all the requirements for registration, then it will be referred to publication. "A trademark is a word, a group of words, sign, symbol, or a logo that identifies and differentiates the source of the goods or services of one entity from those of others," according to the IPOPHL website. However, Abraham-Garduque said the applications of TVJ should not be referred to publication and must be denied as early as this stage. "There are 2 applications, one was filed on Feb 27, 2023 by TVJ and Mr. T [Antonio Tuviera] and the other one was on March 22, 2023 by Joey de Leon only. As a rule, an applicant for trademark alleged that he or they are the owners of trademark that is why he or they are applying for registration on his or their names,” she said. She added, “However, based on these applications, TVJ did not know who is the real owner of the trademark. In the Feb 27 application they alleged the owner thereof are TVJ and Mr. T. Then in the March 22, 2023 application, Joey de Leon is saying that he is the sole owner. Thus, the applications failed to pass the ‘identity of applicant’ test. These applications must be refused outright.” Tito, Vic and Joey also asked the IPO to cancel the “Eat Bulaga” trademark. “Eat Bulaga,” which airs on GMA, is now being hosted by a new group of stars including Paolo Contis, Cassy Legaspi, Mavy Legaspi, Buboy Villar, Betong Sumaya and Alexa Miro. Tito, Vic and Joey left TAPE and are now the hosts of the show “E.A.T.,” which premiered on July 1 on TV5. TVJ and Jenny Ferre recently filed a complaint before the Marikina Regional Trial Court Branch 273 against TAPE for “Copyright Infringement and Unfair Competition under R.A. No. 8293, otherwise known as the Intellectual Property Code of the Philippines, with Application for Issuance of a Writ of Preliminary Injunction.”