With the rapid development of network, trademark infringement has taken new forms Some network operators use others’ trademarks, especially well-known trademarks as metatag to confuse consumers in order to gain unjustified benefit This is the trademark infringement in search engine which this article researches Through analyzing significance of this kind of trademark infringement, earlier confusion, actor’s purpose and dilution of well-known trademark, this article tries to demonstrate consumers’ confusion caused by the new kind of infringement China’s trademark law can use the advanced theory of anti-dilution law of US, EU, Taiwan and other regions as reference In order to better protect the legitimate trademark owners and consumers’ interests, the author gives some suggestions Firstly, earlier confusion and trademark dilution theory should be added to trademark law and the system of rational use should be built; secondly, certain restrictions on search engine companies should be made through legislation Thirdly, the principle of presumption of fault should be applied in the criteria of responsibility judgment
