Google Trademark Policy And The Advertiser

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July 30th, 2008 by Click Consult

Earlier this year Google relaxed their approach to trademarks. This appeared to many that all trademarks were fair game for Google Adwords advertisers but this is not the case. The sole purpose of Google changing their policy was to take them out of the loop in trademark disputes.

Trademarks have been an issue for Google Adwords advertisers for quite some time. When using Yahoo Search Marketing, trademarks are not actively protected, but if the content of the site is not sufficient to justify the use, editorial checks would fail. For example, iPod as one of the largest brands in the world is heavily protected and rightly so. To run the keyword ipod on Google in the past would not have been possible regardless if you sold genuine products on your site. Yahoo on the other hand, would allow the use as the content is valid.

The new Google policy has caused more than a little confusion. Many think the use of registered trademarks is acceptable and legal. The fact that a trademark can be used as a keyword, but not as in any ad text has caused many problems and considered an acceptable strategy for many Google Adwords users, but the registered trademarks are protected for a reason. Legally standing a registered trademark can only be used for business benefit of the registered holder of the trademark and any person, web site or company using it without permission in infringing the intellectual property rights.

This policy change has only one winner; Google. Google can now have the luxury of avoiding and difficult disputes between Google Adwords advertisers and 3rd parties with registered trademarks. The dispute with American Airlines was a costly affair for Google and is yet to be completely resolved. They have realised trademarks are not to be trifled with, as should the Google Adwords advertisers.

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