Identification Of The Nature Of Keyword Trademark Use Behavior In Bidding Ranking

In the bidding ranking,advertisers’ use of keyword trademarks can be divided into explicit use and implicit use.Whether different use methods constitute trademark infringement or unfair competition has been widely debated."Trademark use" and "confusion" are the main aspects of trademark infringement.According to China’s current Trademark Law and other Internet related laws,the use of keywords in the two ways are advertising,play a role in trademark recognition,in line with the trademark infringement of the "trademark use".In terms of the "confusion" requirement,the introduction of "pre-sale confusion" to determine the explicit way of use will cause consumer confusion,thus constituting trademark infringement.Implicit use is difficult to identify will cause consumer confusion,does not meet the requirements of trademark infringement.Further considering the application of the Anti-Unfair Competition Law to regulate by following the applicable rules of the special law over the general law.The implicit use usually does not belong to the 11 kinds of improper acts stipulated in the Anti-Unfair Competition Law,nor does it satisfy the constituent elements of the principle clause.Therefore,it can not be considered that all these methods constitute unfair competition.