Unno Commercial Enterprises, Inc. v.
General Milling Corporation
[205 Phil 707 (1983)]
When the applicant is not the owner of the trademark being
applied for, he has no right to apply for the registration
of the same. Under the Trademark Law only the owner of the
trademark, trade name or service mark used to distinguish
his goods, business or service from the goods, business or
service of others is entitled to register the same. A local
importer, however, may make application for the registration
of a foreign trademark, trade name or other mark of ownership.
The term owner does not include the importer of the goods
bearing the trademark, trade name, service mark, or other
mark of ownership, unless such importer is actually the owner
thereof in the country from which the goods are imported.
Thus this Court, has on several occasions ruled that where
the applicant's alleged ownership is not shown in any notarial
document and the applicant appears to be merely an importer
or distributor of the merchandise covered by said trademark,
its application cannot be granted.