There is no regulation on keyword advertising in EU law. The conditions of the trademark infringement when a sign identical with the trademark is used in relation with the goods or services which are identical with those for which the trademark is registered are: using the sign without the consent of the trademark proprietor, using the sign in the course of trade, using the sign identical with the trademark for the identical goods or services covered by the trademark, adversely affecting one of the functions of the trademark, in particular essential function of guaranteeing to consumers the origin of the goods. Thanks to the function test in EU law, solely using the identical sign as a keyword does not lead to infringement. When Turkish law is examined, it is seen that there is a provision in the SMK and the repealed Decree Law. However, solely using the identical sign for the identical goods or services as long as the other conditions set forth in the SMK article 7/3(d) is met, constitutes trademark infringement. This practice is criticized and adopting the approach of CJEU is suggested in the literature. However, the function test has been subjected to intense criticism. Therefore, I believe that using the identical sign can be considered to have a right or a legitimate interest of the advertiser in the context of SMK article 7/3(d) when the use is perceived as offering an alternative to the goods or services covered by the trademark which is inherent a fair and free competition.