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Bidding on Trademarks - Change of Policy?
Penguin

10+ Year Member



 
Msg#: 7747 posted 8:18 am on Mar 16, 2006 (gmt 0)

Hello,

I was bidding on trademark terms outside of US and Canada, however I noticed that many of my high converting terms have not been receiving impressions recently . I was bidding on a very competitive price for them.

It was in my understanding that I could bid on trademark terms as long as they are not in ad copy. So , for trademark bidding, should I just remove the keyword insertion within the ad copy and hopefully that will allow me to bid on these terms again? Or is it disallowed completely?

I am currently using {KeyWord:Trademark} as the title.

I raised the question up with an Adwords specialist and received back the following reply ;

1) That bidding on trademarks was disallowed .
2) Keyword insertion of trademarks in Ad Copy will cause ads to be stopped even those they are not disapproved.

Thanks .

 

poster_boy

WebmasterWorld Senior Member 5+ Year Member



 
Msg#: 7747 posted 9:18 am on Mar 16, 2006 (gmt 0)

Using a Trademark as the default ad text IS using the Trademark in your creative.

To be in compliance, remove it from the default.

Penguin

10+ Year Member



 
Msg#: 7747 posted 9:20 am on Mar 16, 2006 (gmt 0)

Yes but if I removed it from my creative, shouldn't I be able to bid on that trademark outside of US and canada?

venrooy

5+ Year Member



 
Msg#: 7747 posted 2:46 pm on Mar 16, 2006 (gmt 0)

This is new withing the last month or so. I too have many trademark terms in my keyword list. All of my non-USA-Canada campaigns have come to a halt.

I don't know if laws have prevented them from showing ads using these keywords, but if you do a search on the trademarked keywords you are trying to use from Google.uk or one of the other non-USA google sites, you'll see that there are no or very few ads running for these words.

I've asked my adwords rep about this - and her reply is that it has been their policy. Which it may have been their policy, but my own history shows that they have not enforced it in the past.

poster_boy

WebmasterWorld Senior Member 5+ Year Member



 
Msg#: 7747 posted 3:36 pm on Mar 16, 2006 (gmt 0)

Yes but if I removed it from my creative, shouldn't I be able to bid on that trademark outside of US and canada?

Using a trademark in your creative and bidding on the keyword are two different things. The first is not allowed (as it's deceptive), the second is (as it offers an alternative product to the consumer).

venrooy

5+ Year Member



 
Msg#: 7747 posted 3:50 pm on Mar 16, 2006 (gmt 0)

the second is (as it offers an alternative product to the consumer).

Actually on many trademarked keywords it is not allowed outside of the USA and Canada - not even in your keywords.

This is what is shown when I use the ads diagnostic tool on these keywords:

Ad not shown ¦ Reason: A trademarked term is preventing your ad from showing.

What does this mean?
According to Google's trademark policy, ads may not show for certain trademarked keywords in countries outside the U.S. or Canada.

What can I do?
You may consider (1) removing the trademarked term from your keyword list, (2) targeting only the U.S. and/or Canada, or (3) letting us know you have permission to advertise with this trademarked term.

poster_boy

WebmasterWorld Senior Member 5+ Year Member



 
Msg#: 7747 posted 3:55 pm on Mar 16, 2006 (gmt 0)

If you're not using the trademark in your creative and you're still blocked, it's an experience I've only rarely seen.

My company name is trademarked by Google (a disclaimer pops up if used in even my creative), but lots of companies can and do still bid on it.

Not sure why some would be treated differently.

venrooy

5+ Year Member



 
Msg#: 7747 posted 4:33 pm on Mar 16, 2006 (gmt 0)

It only happens outside of the USA and Canada. For instance, if you do a search on ipod from google.co.uk, you'll see that there is no competition there. And I guarantee that Apple is not the only co. that would bid on the keyword ipod.

I don't know what the laws are there, but google must have met up with some trouble there recently.

I have several campaigns set up specifically for Non-USA and Canada. I use several of the trademarked terms in my keyword list. And I'm sure not to use any of the trademarked terms in my ads. They were working fine and making me a lot of money up until a few weeks ago. Then all of my ads running for these trademarked keywords stopped.

Penguin

10+ Year Member



 
Msg#: 7747 posted 6:06 pm on Mar 16, 2006 (gmt 0)

Thanks guys for the replies,

Any way around this? The trademark keywords which stopped showing are still listing ads that clearly do not have the trademark rights. How come they can still bid on them and I can't.

Maybe switching another account will help?

venrooy

5+ Year Member



 
Msg#: 7747 posted 6:12 pm on Mar 16, 2006 (gmt 0)

Are you doing your searches from google.com or google.co.uk - or one of the others?

If you set up a campaign and target only the U.S. and Canada - then you can use the trademarked terms and it will show on google.com - but none of the other google sites.

When you set up your campaign, it will still show up as an exception - but in the exception you put in that it is allowed in the U.S. and Canada.

travisk

10+ Year Member



 
Msg#: 7747 posted 6:29 pm on Mar 16, 2006 (gmt 0)

It's probably not cost-effective for Google to maintain an army of AdWords copyright lawyers for each and every country in the world. They've already faced expensive lawsuits in the US over copyrights on keywords.

Here's the forumla:

If cost of lawyers + lawsuit risk is less than revenue from copyrighted keywords in that country, then allow copyrighted keywords.

Chris_D

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 7747 posted 11:57 pm on Mar 16, 2006 (gmt 0)

venrooy, Google has had a different policy OUTSIDE US/Canada for some time.

The issue with using trademarks as trigger words is that the onus is on the Trademark holder to write (snail Mail) to Google at Mountainview, and to advise Google who is authorised to use the word as a trigger phrase (if anyone).

I've been using this 'feature' (stopping competitors bidding on trademarks as ad triggers) since late 2002 for Australian Trademarks.

I suspect that what you are seeing is companies with trademarks responding to recent press, and protecting their marks. i.e. you can use the trademark as a trigger phrase outside US Canada - until the trademark owner asks Google to do something about it.

AdWords Trademark Complaint Procedure Trademark rights outside US and Canada

When we receive a complaint from a trademark owner, our review is limited to ensuring that the advertisements at issue are not using a term corresponding to the trademarked term in the ad content or as a keyword trigger.

See [google.com...]

In the US and Canada - or as a keyword trigger is ommitted from that explanation above.

Penguin

10+ Year Member



 
Msg#: 7747 posted 3:10 pm on Mar 17, 2006 (gmt 0)

It's great to know all this but is there a way around this trademark bidding policy outside of Us and Canada? For instance, creating a new account etc?

Please do pm me .

AdWordsAdvisor

WebmasterWorld Senior Member adwordsadvisor us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 7747 posted 10:11 pm on Mar 17, 2006 (gmt 0)

... The trademark keywords which stopped showing are still listing ads that clearly do not have the trademark rights. How come they can still bid on them and I can't.

Trademark owners may choose to make exceptions for various types of affiliates, etc., and notify the AdWords team in writing of these exceptions. Those excepted may then run.

It's great to know all this but is there a way around this trademark bidding policy outside of Us and Canada? For instance, creating a new account etc?

Honestly, it's best not to make an end-run around policy, as ultimately it could end up working to your disadvantage. In my opinion, your best strategy would be to work with AdWords support to understand the limitations, and how you may best work within them to meet your needs.

AWA

venrooy

5+ Year Member



 
Msg#: 7747 posted 10:37 pm on Mar 17, 2006 (gmt 0)

I agree with AWA - You don't want to get your account yanked. You could talk to an ad rep and ask these same questions. There may be a legal way to do it for your particular keywords. It never hurts to ask the right people. But definately do not try to circumvent the rules - You may make money now, but it could end up biting you in the "end".

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