What to Do if Someone Uses Your Trademark in Google Ads?

Discovering a competitor using your trademark in their Google Ads can be unsettling. While it might feel like a straightforward infringement, the situation with keyword bidding is not always black and white. Here is what you need to know.

Trademark use: keywords and ad content

Firstly, it is important to understand that Google generally permits any advertiser to bid on trademarked keywords, even if the trademarks belong to another business. This means that your competitor’s ad might appear on top of the search results when someone searches for your brand. The keyword bidding, by itself, is not automatically illegal or against Google's policy. It is in fact something that Google sees as fair practice that fosters competition by allowing advertisers to offer alternatives.

However, the rules change significantly when it comes to the ad itself. Using a trademark within the ad text (headline or description) without a trademark owner’s permission is typically prohibited by Google and can constitute trademark infringement. Furthermore, even if the trademark is not in the text, an ad presented in a way that misleads users into thinking the competitor is affiliated with you or is the source of your official products/services will likely not be allowed. Landmark court cases, such as European Court of Justice’s decision in Interflora v Marks & Spencer case, explain that a Google Ad should be permitted only if it enables a reasonably informed internet user to clearly distinguish the origin of the goods or services offered, preventing confusion.

Steps to take

If you suspect a competitor is improperly using your trademark in Google Ads:

1. Document everything: Take clear screenshots of the search results page showing the competitor's ad triggered by your trademark search. Capture the full ad text.

2. Analyze the ad: Is your trademark name used directly in the ad headline or description? Does the ad wrongly suggest a link with your business? Could a customer easily mistake competitor’s ad for yours?

3. Report to Google: Google has a specific process for trademark complaints. You can file a report explaining how the ad misuses your trademark, either by using the trademark in the text or by being misleading.

4. Seek legal counsel: If the issue continues after reporting it to Google, or if the situation seems particularly complicated, consult with a trademark attorney.

Taking these steps will help to safeguard your brand's identity, ensure fair competition and prevent your customers from being misled.