Manufacturers versus distributors: who owns the trademarks?

01-08-2010

Anne Mariae Celeste V. Jumadla

The Supreme Court promulgated its decision in Superior Commercial Enterprises, Inc. v. Kunnan Enterprises Ltd., affirming its previous ruling that the registration of a trademark by an exclusive distributor belongs to the manufacturer.

On April 20, 2010, the Supreme Court promulgated its decision in Superior Commercial Enterprises, Inc. v. Kunnan Enterprises Ltd., affirming its previous ruling that the registration of a trademark by an exclusive distributor belongs to the manufacturer.

Kunnan appointed Superior on October 1, 1982, as its exclusive distributor in the Philippines under an agreement providing that:

“Kunnan intends to acquire ownership of the Kennex trademark registered by Superior Commercial in the Philippines. Superior Commercial is desirous of being appointed as the sole distributor of Kunnan products in the Philippines.”


Manufacturing, Philippine Trademark Law

WIPR