TELEVISION and Production Exponents (TAPE) Inc. has appealed the decision of the Intellectual Property Office of the Philippines’ Bureau of Legal Affairs that canceled its trademark registration for “Eat Bulaga.”
TAPE Inc. lawyer Maggie Abraham-Garduque said in a press conference that since the appeal is pending, the decision to cancel the trademark registration is not yet final and could not be executed.
The appeal was filed via email on Tuesday, December 12, before the director of the Bureau of Legal Affairs (BLA), Garduque said.
She also noted that the BLA director’s decision on this issue may be appealed before the Director General of the IPOPHL, and then the decision of the Director General may be appealed before the Court of Appeals and Supreme Court.
As such, there is no last word yet on this issue.
“This just means na ‘di pa po final ang decision ng adjudication officer ng Bureau of Legal Affair dahil po appealable pa siya. ‘Di pa po tapos. Ang finding ng adjudication officer ng BLA ay maari pa pong ma-reverse o maari ding ma-affirm on appeal,” she said.
It also means that TAPE Inc.’s registration of the “Eat Bulaga” mark is not yet canceled, she said, adding that this is actually reflected in the official records.
Garduque said that because of this, TAPE Inc. maintains that it could still use “Eat Bulaga.”
“Ang position po ng TAPE Inc. ay maari pa rin po naming gamitin ang Eat Bulaga sa aming show dahil nasa amin pa din po ang trademark registration, until such time na may final decision na na ‘di na namin ito pwedeng gamitin,” she said.
She called for respect for the legal processes.
The BLA’s December 4 decision canceling TAPE Inc.’s “Eat Bulaga” trademark registration stemmed from the petition filed by veteran hosts Tito Sotto, Vic Sotto, and Joey De Leon, who had a falling out with TAPE Inc.
In the decision, the BLA adjudication officer said the the three hosts were able to establish that they coined the “Eat Bulaga” mark for the noontime how.
The three hosts subsequently urged TAPE Inc. to respect the decision of the BLA, while their lawyer maintained that they could start using “Eat Bulaga” anytime.
metrosundaily
