Lawyer speaks on Eat Bulaga trademark issue
EAT BULAGA TRADEMARK ISSUE – A lawyer holds the belief that the original hosts of the noontime show—Tito Sotto, Vic Sotto, and Joey de Leon (TVJ)—have the upper hand in a trademark dispute with Television and Production Exponents Inc., despite TAPE Inc.’s claim of ownership.
TAPE Inc. argues that they filed a trademark for the Eat Bulaga branding in 2011, giving them the rights to the title even after TVJ left the show. They state that they had also filed an application in 1991, and since there was no opposition to their trademark filings, they believe they have clear ownership. They assert that Eat Bulaga cannot be taken away from them.
However, Atty. Mark Tolentino points out that the first party to register a trademark is the rightful owner, as per a Supreme Court decision. Although TAPE Inc. registered the Eat Bulaga trademark with the Intellectual Property Office of the Philippines (IPOPHL), Tolentino notes that it is set to expire on June 14, 2023.
Tolentino explains that TAPE Inc.’s trademark filing only covers merchandising rights, not entertainment services. Therefore, TAPE Inc. can sell Eat Bulaga merchandise but does not have the right to use the current show title.
It is revealed that Atty. Tony Tuviera from the TVJ faction has filed a trademark for both merchandising and entertainment services rights, while Joey de Leon has filed for entertainment services alone. Tolentino suggests that TAPE Inc. has not taken steps to renew their registration, and if TVJ has already acted, TAPE Inc.’s registration might be rejected.
Tolentino stressed that TVJ’s engagement with DivinaLaw indicates their serious intent to claim the Eat Bulaga trademark. However, he notes that TVJ should have registered the trademark many decades ago to avoid this issue.
He clarifies the difference between copyright and trademark, noting that copyright protects the creator, while trademark protection is based on registration. In conclusion, Tolentino explains that in the context of copyright, the “first to create” principle applies, but for trademarks, ownership is determined by registration.
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