Key Words Advertising Trademark Use Identification Research

The keyword advertisement refers to the search engine service provider adopting the intelligent search technology and establishing an index database.After the netizens input the keywords for searching,the search system program finds all related webpages that meet the requirements of the keyword from the webpage index database.In recent years,trademark infringement problems caused by keyword promotion have occurred frequently,and the issue has also faced many controversies in academic circles and judicial practice.Due to the lack of trial experience and the inability to directly apply laws and regulations,Chinese courts have different ideas when trying to deal with keyword advertising trademark infringement cases.Unable to form a unified referee.This paper mainly studies the nature of the use of keyword advertising trademarks.According to the principle of “light and heavy”,if the trademark of another person is used as an advertising keyword,the use of the title and description of the sponsored link should of course be recognized as a trademark use.Therefore,the controversial behavior discussed in this article is that the keyword advertising service purchaser uses the trademark of another person as a keyword only and does not place it in the title and description of the advertisement.Firstly,it distinguishes and introduces the basic content involved in the use of keyword advertising trademarks,and analyzes the controversy of keyword advertising trademarks in the theoretical circle.Secondly,it explains the current situation of the use of keyword advertising trademarks in China's legislation and judicature.And the drawbacks caused by imperfect regulations;again,the status of the use of extraterrestrial keyword advertising trademarks,including the legislative provisions and typical cases of the United States,Japan,and the European Union.Finally,on the basis of collecting a large number of cases and consulting a large number of documents,learning and drawing on the criteria for the use of keyword advertising trademarks outside the domain,combined with China's national conditions,proposed its relatively clear and clear definition of the use of keyword advertising trademarks.And standards,namely the principle of integrity,the principle of lawfulness,the principle of private property and the principle of balance of interests.In the specific determination of whether or not to constitute a keyword advertising trademark,it can be comprehensively determined whether to change the group and form,whether it has real intention to use,whether it is publicly used in commercial activities,whether to continue to use the trademark,and whether it can distinguish the source of goods or services.