The Intellectual Property Office (IPO) has revoked the trademark registration of Television and Production Exponents (TAPE), Inc. for the names ‘Eat Bulaga’ and ‘EB.’ The ruling came after TAPE failed to substantiate how they originated the ‘EAT BULAGA’ mark.
The Adjudication Officer of the IPO’s Bureau of Legal Affairs, Atty. Josephine Alon, issued the decision on December 4, 2023. It highlighted that TAPE did not provide evidence on the creation of the ‘EAT BULAGA’ mark.
On the other hand, the petitioners, known as TVJ, composed of Tito Sotto, Vic Sotto, and Joey de Leon, successfully presented testimony and explanations on how they coined the term ‘EAT BULAGA,’ leading the court to rule in their favor.
According to the decision, “Registrant-Registrant, for their part, did not refute nor contradict this statement on how Petitioners coined the term ‘EAT BULAGA’ as the title for a noontime show in 1979.”
Respondent-Registrant even collaborated with Petitioners’ explanation by stating, “After their engagement, we thought of the name of the noontime show. I submitted several names to Romy, including ‘Eat Bulaga,’ which was suggested by Joey.”
Romy Jalosjos, the owner of TAPE Inc., was referred to as “Romy” in the document. He is the producer of the longest-running noontime show, Eat Bulaga!, which airs on GMA Network.
The decision further noted that Petitioners had applied for the registration of the EAT BULAGA mark with the Intellectual Property of the Philippines in February 2023 for various classes. The old Trademark Law stipulates that “the owner from the goods, business, or services of others shall have the right to register the same.”
Having adequately demonstrated how Petitioners coined the EAT BULAGA mark, the court concluded that Petitioners, not Respondent-Registrant (TAPE Inc.), own the mark. Consequently, Petitioners hold the absolute and exclusive right to register the EAT BULAGA mark and all its variations, including the Subject mark “Eat Bulaga” and EB mark, under their name.
In summary, the Petition for Cancellation filed by TVJ has been granted by the IPO. TAPE Inc. has yet to issue a statement regarding the cancellation of their IPO trademark.
