THE Intellectual Property Office of the Philippines (IPOPHIL) has rejected the appeal of TAPE to reverse its earlier decision to give the “Eat Bulaga” trademark to comedian and TV host Joey de Leon.
In a four-page decision, IPOPHIL Bureau of Legal Affairs (BLA) Director IV Nathaniel S. Arevalo said: “The instant appeal is hereby dismissed. Accordingly, Order No. CF-2023/11063 (dated) October 12, 2023 is hereby affirmed.”
Arevalo threw out TAPE’s argument that they belatedly filed their opposition to De Leon’s application for trademark because it was not informed about the deadline for filing of its opposition or response.
“The fact that the delay of the filing of the petition was only one day is not a legal justification for non- compliance with the rule requiring that it be filed within the reglementary period,” Arevalo said.
Likewise, Arevalo prohibited TAPE from “interject(ing) with other cases pending before the BLA to delay the issuance of a certificate of registration” in relation to the Eat Bulaga trademark.
On December 4, 2023, IPOPHIL BLA adjudication officer Josephine C. Alon noted how petitioners Vicente Sotto III, Vic Sotto and Joey de Leon were able to prove that they were the original creators of the Eat Bulaga mark.