How To Navigate the Google Trademark Infringement Process

Related: How to Prepare for Google’s Page Experience Update

Keyword advertising is essential for forming a strong PPC strategy. Understanding trademark law and compliancy ensures you’re maximizing your ad return. We work with many brands who have experienced an authorized reseller using their brand name in paid search ad copy. This is often done for the resellers to further promote products on their landing page, create consumer confusion and deter consumers from clicking on the true, official site.

However, if you have an official trademark registration, no one should be able to use your brand name in paid search ads (or otherwise) on Google AdWord, though they can and likely will bid on your brand name as a keyword — an action that is permissible. Both of these trademark registration rules are still true for your authorized resellers as well. Even though they have permission to sell your product or service, they are not allowed to use your trademarked name on any ad campaign without your expressed permission, as documented by Google’s trademark policy.

In order to protect our clients from competitors and resellers using their brand name in a Google ad, we often work with Google to get these illicit ads and content taken down.  To do so, you’ll need to follow Google’s process on reporting trademark infringement — but it can be a little tricky, especially if you’re not as familiar with how the trademark process works. Below, our team has simplified the steps to help you better navigate Google Ads’ trademark complaint form, policy and process.

**Before filing a complaint, it’s very important that you read all of the information in the trademark policy here.

STEP 1: Filing a Trademark Complaint

• File a complaint here or via email [email protected] about the improper use of your trademark by a specific advertiser through Google Ads to investigate the infringement. Make sure to have as much evidence as possible to show when filing the trademark complaint. This can include screenshots, links and trademark registration documentation.
• Owners of the trademark rights to the term in question within the country in question can file a trademark complaint. For any other party to file a complaint, the trademark owner needs to send written approval to [email protected] verifying that the specific entity is “authorized to act on our behalf with respect to Google Ads trademark.”
• Trademark owners do not need to be Google Ads advertisers to submit a complaint. It’s good to be patient during this process, regardless of how stressful the situation might be.

STEP 2: Confirmation of Submission

• After filing a complaint, you’ll receive an auto-response email confirmation. Unless there’s an issue with your complaint, you won’t receive any more emails from Google until the investigation is finished.
• Trademark complaints are reviewed in the order they are received, so they are processed as quickly as possible, but Google is unable to provide trademark owners with a timeline of completion.

STEP 3: Authorizing Specific Advertiser Accounts

• During or after the complaint submission process, you can also authorize specific Google Ads accounts to use your trademark, including your own Google Ads account or those of any partners or affiliates you may have.
• To authorize specific Google Ads accounts to use your trademark, you will need the CID numbers for each individual account you want to authorize.

STEP 4: Confirmation of Action

• Once Google has concluded their investigation, the Google Advertising Legal Support team will send a confirmation to the email address listed in the complaint. This email will let you know what action has been taken on the ads in question.z
• Google’s investigation may result in restrictions to the use of a trademark within ad text (ads using restricted trademarks in their ad text may not be allowed to run).
• Exceptions for Investigations Are:
  1. An ad campaign may use a trademark in ad text, providing the ad is in compliance with Google’s policy on resellers and informational sites.
  2. Advertisers can use a trademarked term within ad text if they are authorized.
  3. An ad can use a trademarked term in its text if either of these conditions is true:
     • The ad text uses the term descriptively in its ordinary meaning rather than in reference to the trademark.
     • The ad is not in reference to the goods or services corresponding to the trademarked term.Before any issues with trademarks occur, you can take part in preventative strategies to securely protect your brand. You will want to be proactive with your trademarks and study various laws involving trademark protection and infringement, especially the Lanham Act. The Lanham Act is the main federal trademark statute in America. Not only will you want to do a deep dive into trademark protection and registration, but you’ll also want to encourage other people at your company to take part in this type of research too. Once you are finished with trademark registration, you’ll want to monitor and enforce your trademarks on a regular basis. This might require you to look into services that monitor trademark filings. Being prepared in these strategies will allow you to properly keep your brand safe from others.

Before any issues with trademarks occur, you can take part in preventative strategies to securely protect your brand. You’ll want to be careful with your trademarks and study various laws involving trademark protection and infringement, especially the Lanham Act. The Lanham Act is the main federal trademark statute in America. Not only will you want to do a deep dive into trademark protection and registration, but you’ll also want to encourage other people at your company to take part in this type of research too. Once you are finished with trademark registration, you’ll want to monitor and enforce your trademarks on a regular basis. This might require you to look into services that monitor trademark filings. Being prepared in these strategies will allow you to properly keep your brand safe from dangerous people.

After following the process and the four steps featured above, if your brand is still not making progress in filing a trademark violation, reach out to our analytics consulting experts or check out our PPC management services. We’d love to help your brand better navigate the complex world of digital media rules and regulations. Contact us today!