THE Intellectual Property Office of the Philippines (IPOPHL) clarified that the registration renewal of the “Eat Bulaga” trademark is separate from a pending trademark cancellation case, amid the ongoing legal dispute for its use.
“As the renewal requests and other pending applications at the Bureau of Trademarks (BoT) are separate from the trademark cancellation case at the Bureau of Legal Affairs (BLA), they do not affect the BLA’s disposition of the merits of the trademark cancellation case,” the IPOPHL said in a statement on Monday.
“The renewal process strictly observes an ex-parte nature prescribed by Republic Act 8293 or the Intellectual Property Code. Under the law, requests for renewal should be granted primarily if the registrant can prove the actual and continuous use of the mark,” it added.
The IPOPHL issued the statement in response to queries on the renewal of the “Eat Bulaga” trademark of Television and Production Exponents, Inc. (TAPE), which was approved in June.
“The IPOPHL confirms the approval on June 14, 2023 of the request to extend the term of registration over EAT BULAGA AND EB covered by TM Reg. No. 42011005951, for Nice Classes 16, 18, 21 and 25 for another 10 years,” it said.
Recently, TAPE confirmed that it had received the certificate of renewal of registration for the trademark.
The IPOPHL issued the certificate amid the pending petition by Vicente “Tito” Sotto III, his brother Marvic Valentin “Vic” Sotto, and Jose Maria “Joey” de Leon, or better known as TVJ, to cancel TAPE’s trademark registration.
TVJ parted ways with TAPE, which produces “Eat Bulaga” for GMA Network, on May 31, and started hosting E.A.T. in TV5 channel on July 1.
The trio previously filed charges against TAPE and GMA in June, citing the alleged copyright infringement and unfair competition complaints. They also filed a petition for the issuance of a writ of preliminary injunction to halt TAPE and GMA from using the name, logo and other devices. — Revin Mikhael D. Ochave