Trademark Infringement in PPC

Clients often ask about trademark regulations in paid search.  They don’t want their competitors bidding on their name and they definitely don’t want anyone to be using their company name in their ads.  Here’s how the regulations go for the top three search engines…

Google AdWords
Competitors can bid on your company name.   They allow this and complaining isn’t going to help.  You’ll need to make sure you are bidding on your company name yourself, and create clear ad copy that shows you are the leader in that space.  Hopefully, you will have organic listings here also, creating more real estate for you to own on the page.  However, if a competitor does use your company name in their ad copy, you may send in a complaint form to have them stopped.  Click here for the complaint form.

You may also opt to deny anyone from using your trademark company name, or you can enter single visible URLs of companies that you would like to stop from using it.

We have had ad copy denied because of trademark regulations, whether we may be advertising for a reseller or something similar.  In these cases, you can reach out to the company with the trademark and they may allow usage.

Yahoo Search Marketing
Yahoo operates a little differently in this aspect.  They do not believe other companies should be bidding on a trademarked name.  To ensure the protection of trademarks, Yahoo will look for relevant content on a landing page and in an ad; if these don’t match, your keywords will likely not even show up.  People can also send in a complaint if they feel their trademark is violated.  There is no form to fill out, but click here to see a list of questions to answer and email back to them.

Microsoft adCenter
Microsoft agrees with Yahoo on this subject.  They feel that trademarks are sacred and should not be used in ad copy or bidding, unless authorized to do so.  Want to complain?  Click here for their complain form.

These are all pretty easy steps to take if you see someone infringing on your trademark.  You don’t want any company using wording in their ad to make people think that they are affiliated with you if they are not.  I see many people bidding on competitors’ names, however, even in Yahoo and MSN where their infringement rules are pretty rigid.  I don’t see it as a major issue in Google where they are permitted to do so.  Just make sure you are running a branded paid search campaign and that your ads are letting people know you are the company they are looking for.  Using the trademark™ or copyright sign© by your name isn’t a bad idea either; this makes it look more official.  Like always, take care of what you can but don’t sweat the small stuff.

Photo “Unclear on the Concept” from caitlinburke.

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