The Intellectual Property Rights of the Philippines on Thursday clarified that the Jalosjos family-owned Television and Production Exponents Inc., or TAPE Inc., can still use the name "Eat Bulaga" or "EB" despite the recent agency decision to side with the entertainment trio of Tito, Vic and Joey in their petition to rescind the trademark registration of the noontime show.

This was contrary to the pronouncements of the former hosts, Vicente "Tito" and Vic Sotto, and Joey de Leon, that they had won the trademark suit against the producers of "Eat Bulaga."

In a decision on 4 December, IPOPHL ruled that the trio were the rightful owners of the "Eat Bulaga" trademark, giving weight to the testimonies and explanations given by the Sotto brothers and De Leon.

"The petitioners proved that they were the originator and owner of the contested Eat Bulaga trademark. Petitioners' explanation or story on how the idea for the Eat Bulaga trademark initially came about did seem believable and credible," the decision read.

In an interview with reporters, Atty. Rowel Barba, IPOPHL director general, said, "Until and unless the decision is decided by the Supreme Court, it is not yet final and executory. The winning party can still file an appeal with the IPOPHL-Bureau of Legal Affairs to execute our decision. But it is not automatic that the decision is executory."

"At the end of the day, there is this status quo (on the use of the name) unless TVJ files an appeal to execute our decision. Under our procedure, appeals should be received by the adjudication officer, the IPOPHL director of legal affairs, the director general, the Court of Appeals, and then the Supreme Court," Barba said.

Barba said they want the case to be settled soon.

"We based our decision on the rule of ARTA (Anti-Red Tape Authority). If they (both parties) file appeals, then we can make a decision in 40 days. Usually, before a decision, we ask both parties to submit position papers, then we release the memorandum. Once all of this is done, then we will decide," Barba added.

Atty. Maggie Abraham-Garduque, chief legal counsel of TAPE Inc., said she welcomes the clarification issued by the IPOPHL that her client can still use the name Eat Bulaga since the decision of the adjudication officer of the BLA-IPOPHL is not yet final and still subject to appeal.

"This has been our stand from the start, following the rules and procedures of IPOPHL. In effect, this legitimizes the continuous use of TAPE Inc. of the name of Eat Bulaga," Abraham-Garduque said. "I also hope that with this statement of the IPOPHL, TVJ will respect it and will not use Eat Bulaga in their show."