A case of unauthorized use of trademark, investigated by Shanghai Administration for Market Regulation, involved using others’ registered trademark as online searching keyword was published as guiding case of CNIPA.

According to the provisions of Article 60 of the Trademark Law, the behavior of the party concerned was deemed as the use of trademarks as stipulated in Article 48 of the Trademark Law, which constitutes trademark infringement as stipulated in Article 57.2 of the Trademark Law. The party concerned was ordered to immediately cease the infringement and compensate a total damage of 539,730 yuan. 

This case makes it clear that the use of keywords identical or similar to registered trademarks for online search, and the display of said keywords in prominent positions, such as a title of a web link and the like, on the search results page may constitutes the use of trademarks. It has guiding significance for clarifying the definition of trademark usage behavior under the Internet environment, and also provides a reference for the obligee to seek relief for this kind of infringement.