| Summary: | 碩士 === 國立中正大學 === 財經法律系研究所 === 107 === Although our Trademark Law adopts first-to-register principle, there are some exceptions about first-to-use principle. For instance, protection of well-known marks, first-to-use marks, and bona fide first user. As to U.S. Federal Trademark Law, the owner who used his/her trademark in commerce may file a trademark registration. Furthermore, a person with bona fide intention to use could also file a trademark registration. Article 2 (d) of Federal Trademark Law adopts first-to-use principle with exception allowing concurrent use registration.
In Starlux case, Mr. Chang held a press conference and expressed his intent to use “STARLUX” as a trademark before filed the application. Two days after the press conference, Song Lin travel agency filed a trademark registration. In the opposition proceeding, our Intellectual Property Office made a decision that the case should apply §30Ⅰ○12 of our Trademark Law. The author agreed with the result since Mr. Chang used the mark in commercial and got priority right.
The case gives us a good lesson that the trademark creator should file a trademark registration as soon as possible to maintain its important rights and interests.
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