I want to advertise my ebay related product on Adwords using the keyword ebay. Google Adwords disapproved the term because it was a trademark term.
I understand what the are saying and wonder if there is a "legal" way around it.
And I don't understand why there is an advertiser who's ad shows up for the term ebay
Welcome to WebmasterWorld, RicDee!
The whole arena of trademarked keywords can get a little tricky. It all boils down to a combination of factors, with the most important being:
* In which countries trademark rights have been given.
* What, specifically, the trademark owner has allowed and disallowed.
My best information is that one may use 'eBay' as a keyword unless one is targeting either 'France', or 'All Countries' (which, of course, includes France).
And although you didn't mention it, the word 'eBay' may be used in the ad text regardless of country.
With this in mind, if it appears that you've been disapproved in error, then just respond to the disapproval email and ask that the review be performed again. Trademark approvals/disapprovals are literally handled on a case by case basis, and it is possible for an error to be made - although it doesn't happen often in my experience. ;)
AWA
You may want to get your editors to consult with eBay UK as per my recent thread [webmasterworld.com]. I was targeting only the UK, but eBay UK seems to think that we can't use it in the US either.
I don't follow the business logic in this - eBay UK is happy for affiliates to use its banners and text links on their own sites, but apparently not in Adwords? I pointed out that there are still affiliates advertising in Adwords using eBay as a keyword and as a displayed word and was told that many affiliates are being contacted. The number of eBay Adwords has dropped but not eradicated.
It isn't as if the trademark is being used to point to a rival company but it is eBay's loss (and right to "protect" its mark) after all.
I believe the situation with eBay on adwords is you can buy the word so long as you do not drive signups for commissions to eBay. If you don't have eBay affiliate links on your page then you should be ok.