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Trademarked name problem

         

Jon12345

6:14 pm on Nov 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I was doing a test using the term Sony Walkman. Looking at Google's list of Adwords ads, many use the term Sony.

However, when I try to create an Adgroup with the term Sony in it, it flags up as a Trademarked Term. I am in the UK and so can see all the Sony adverts with that name in it. But maybe it is a violation in the USA?

Are some trademarked terms violations in the USA and other names not? e.g. would Sony be allowed and Phillips not allowed?

Does Google only disallow trademarked names that have already complained to Google?

I am confused on this.

Jon

jbgilbert

6:33 pm on Nov 10, 2005 (gmt 0)

10+ Year Member



Having experience mant trademark issue with Google AdWords, let me tell you what I do know for sure.

Google "used to" differentiate between U.S. and International trademarks -- It appears that changed about 2-3 weeks ago, but I cannot say that with 100% certainty. We had a campaign where a term was trademarked Internationally, but because we were targeting the U.S. market only, we were allowed to use it. Not any more!

ONLY internal Google people know how terms are trademarked (Internationally and/or Domestic). Calling them and asking may get you the answer.

When AdWords flags you for a trademarked term, ALWAYS at least ask for an exception explaining your reasoning. The trademark system is not perfect (in it's automation) and the reviewers do sometines grant exceptions.

As a simple example the word Palm (like in the name of the company that created the Palm Pilot) is tradedmarked and if you try to use it in an ad for Palm Trees you will get bitten -- However, an exception will granted on it's use in this case.

OR if it's REAL important to use the term, try Yahoo/Overture -- they can't seem to keep up with anything.... lol

ronmcd

6:54 pm on Nov 10, 2005 (gmt 0)

10+ Year Member



Its also possible those ads are using sony in their keyword phrases and using keyword substitution. That way the system never sees trademark as it's not in the ad when it is written.

bakedjake

6:55 pm on Nov 10, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



keyword substitution

That doesn't work anymore. :-( They have a system now that alerts them when a subbed ad displays with a trademark term. It'll take 3 days, but the ad will eventually get disallowed.

New policy is no trademark terms in keyword insertion ads.

It was a damn fine workaround while it worked.

jbgilbert

7:00 pm on Nov 10, 2005 (gmt 0)

10+ Year Member



bakedjake it right on target. "Used to get around the trademark".

There is only 1 way somebody can use a trademarked ter and that is to get written permission from the trademark owner delivered to Google from the trademark owner.

werty

7:57 pm on Nov 10, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



You can still buy traffic using the keyword, you can just not advertise that you are bidding on it(use it in your ad text). Remove the trade marked term in the ad text and you should be fine.

ronmcd

1:01 am on Nov 11, 2005 (gmt 0)

10+ Year Member



That doesn't work anymore. :-(

Thanks BakedJake, I didn't know that. Just as long as we can still bid on trademarks I'll be happy :)

mark1111

6:52 am on Nov 12, 2005 (gmt 0)

10+ Year Member



I'm disputing the same issue with them at the moment. A competitor is using a trademark in his ads that my ads have been disapproved for. When I pointed this out, they gave me nonsense answers. I'm working my way up the food chain, and the person I'm dealing with now takes a week to get back to me (and then only when I make noise). Stay tuned.