Google's Trademark policy

they haven't used this right

[forzatio]

Hi I'm advertising for a company that has it's trademark registered, however google sent me an email that the words are not allowed because of the trademark.

Special case is that another company uses the same words in one of their products however they have no trademark.

The company I'm advertising for does allow google adwords, does google block some trademarks automatically even if there is no complaint?

[appi2]

Trademark may apply in another country, to another company.

[forzatio]

ok, I'm only advertising in one country though. When I create a new ad it's even catched while making it (pink form notify) so it seems to be hardcoded into their system. Still I can't understand why, because the company never had a complain towards google and they even have the trademark.

[forzatio]

Do I understand correctly that for example someone in Africa has a trademark registered under "great name", that he can notify google about this trademark "great name" resulting that this word can't be used in the US also?

[sailorjwd]

When G gets a trademark complaint they ad this trademark to a their trademark database.

Periodically they scan all ads and spit out automatic emails to advertisers who have ads that match the text. However, they try to determine the context/subject of the ad since the trademark often only applys in relation to a particular subject or product type.

Occasionally the algorithm makes a mistake and sends out an email to an advertiser that is unwarranted.

It is best to query google about the issue and you might be able to resolve it.

[Pengi]

Have you e-mailed Google and explained how you believe you are entitled to use the term on your site?

It may be an automated e-mail that is sent out than can be manually overridden.

[I don't know this, it it just a thought. But I had some keywords blocked for being pharmaceutical terms - in fact they were totally unrelated to any pharmaceutical products for the context of both my Ad and the target page - I replied with this information, and the Ad was allowed through]

[forzatio]

I sent them an email about it now,

the email I got from them was sent in the middle of the night so I think it's automatic and not from regional adwords editors too.

[forzatio]

hi there, I got a message from google that my account should be allowed now, though when I try to make a new ad with the trademark keyword I'm still getting the trademark error.

Do I have to wait for a bot that implements all the trademark changes? I didn't hear anything from google about that.

Maybe someone here can tell me more about such a case and procedure?

[forzatio]

ok never mind it, an adwords specialists fixed it in my account. good thing.

[ChrisXenon]

I cannot understand the fundamental rationale behind Google's trademark policy and would appreciate clarification from anyone who does, but please read below first.

If I want to but a FORD FOCUS car ("Focus" is a Ford car model name in the UK), it's reasonable that I should type FORD FOCUS into Google,
and it's reasonable that Google returns organic and AdWord results - to help connect the consumer with the supplier.
And that's what Google does.

And in fact, such AdWords ads exist today for FORD FOCUS.

But my directly equivalent ads (for PINK WIDGET) have been dissallowed for trademark reasons.
Yes, PINK WIDGET is a trademark, no doubt ownd by Pink Widgets, inc. But they want their name used all over the world!
They want PINK WIDGETS on everyone's lips, and they want to make it incredibly easy to buy PINK WIDGETS.

But dis-allowing advertisers to specify PINK WIDGETS in the text of the ad, nor in the keyphrases which trigger the ad,
which they most certainly do, Google is serving no-one, and annoying all parties involved.

Furthermore, there is no legal issue with using trademarks in the UK unless you are trying to look like you own it.
You can happily advertise PINK WIDGEST ON SALE HERE - GREAT PRICES.

What you can't do is call your own home-grown, lower quality widgets and call them PINK WIDGETS and dupe the public.
Neither can you present yourself as the Pink Widgets Inc. That's called PASSING OFF and it's illegal as it should be.

Google won't disucss this with me beyond pointing me to their policy - which does not justify it, or even clearly state it.

Clarification anyone?

[AdWordsAdvisor]

But dis-allowing advertisers to specify PINK WIDGETS in the text of the ad, nor in the keyphrases which trigger the ad,
which they most certainly do, Google is serving no-one, and annoying all parties involved.

One important thing to note here, is that if a trademark is not allowed to be used in AdWords ad text and/or keywords (depending on the country), it means that the trademark holder has explicitly (and formally, in writing) requested that this be the case. So I believe you are mistaken when you postulate that the trademark holder will be annoyed. :)

AWA

[cline]

One problem is that a trademark has meaning in context. Apple computers cannot make a trademark claim against Apple Records or against the Wisconsin Apple Growers Assn. Of course, when Apple computers got into selling music, then Apple Records did have a claim, which finally recently got settled.