Google changes its trademark policy

The rules to protect registered trademarks for advertising on Google are changing: as of September 14th 2010, Google will no more proceed with investigation regarding the use of trademarks as keywords and will only conduct a limited investigation on their use into the ad text. A trademark owner will be able to complain about the ad by a third party if he feels that it misleads publics and that it confuses users about the origin of the advertised goods and services. If the confusion risk is confirmed, Google will remove the ad. Google will no more prevent the use of trademarks as keywords, although they could be used by a third party, in combination, not only with ads using trademarks in a descriptive way or with sites that give information about a product or service corresponding to the trademark, but also with the resale of trademarked goods or services and with competing products. The relaxation of the Google policy related to the use of trademarks applies to EU and EFTA (European Free Trade Association) area and is into line with a judgement made by the European Court of Justice that states: "the proprietor of a trademark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with that trademark which that advertiser has [...] selected in connection with an internet referencing service, goods or services identical with those for which that mark is registered, in the case where that advertisement does not enable an average internet user, or enables that user only with difficulty to ascertain whether the goods or services referred to therein originate from the proprietor of the trademark or an undertaking economically connected to it or, on the contrary, originate from a third party."


08/10/2010 | Internet