Google have announced that as from September 14^th 2010, trademark keywords and search terms will be allowed to be used within Adwords content and copy. In May 2009, Google adopted this policy in the US but many believed the complex UK legal system would prevent this from happening in the UK.

Adwords users will also be allowed to directly bid and advertise their Google Adwords Text ads under trademark keywords and search terms. Many large online retailers have complained about the current restricted use. An authorised supplier wanting to sell a trademark protected product would currently have to seek permission from the manufacturer in order to use the trademark term to advertise within the Adwords network. Non authorised suppliers, who purchased products through a distributer, usually smaller traders, who not have been allowed to use trademark terms. Many believe that this has lead to the Adwords network being controlled and restricted by big brands for product and brand specific keywords and search terms. Giving the trademark owner the ability to protect the RRP of a product line and preventing independent suppliers from directly competing with the trademark owner.

From September 14^th legitimate Independent suppliers and retailers will now be allowed to use trademark terms to advertise and market their products and services. Google have said

“We believe the right approach is to give users more choices and access to as much information as is relevant to their search or interest. This policy change balances the needs of our users while ensuring that competitive, critical, or negative uses of the trademark in ad text continue to be reviewed and removed per our trademark policy.”

There does still seem to be a number of restrictions attached to the use of the Trademark terms, Google will continue to review Adword Ad text which uses negative, critical or competitive keywords in relation to the trademark term.

“- ads that do not lead to a landing page that clearly facilitates the sale of either the goods and services corresponding to the trademark or parts or components related to the goods and services corresponding to the trademark

- competitive or critical information about the goods and services corresponding to a trademark

- ads that do not lead to a landing page which provides substantive information about the goods and services corresponding to a trademark.”

This seems to be more about protecting the quality of the Adwords network rather than controlling the use of trademark terms, ad text quality is already a key factor in its use.

The announcement will usher in some very positive changes to the Adwords network. Creative, non competitive and positive Ad text content will ensure campaign successfully serving. What will be interesting to watch will be the change in Google Adwords listings for existing trademark terms, and the new strategies adopted by the Trademark owners to combat the changes.

For more information and details about the changes, click here to read the official Google Change document.

Article by Creative SEO

Technorati Tags: Adwords, adwords trademark, Google Adwords Trademark, google trademark, Trademark, Trademark keywords

Rosetta Stone, a well know software company, is set to Sue Google, for selling the rights to use trademark terms to third party users through the Adwords advertising programme.

The law suit will be based around a number of terms and phrases, which Rosetta Stone claim to have registered as trademarks which include; “dynamic Immersion”, Global Traveller” and “Adaptive Recall”. The law suit also claims that Google has been drawing customers away from their site through the use of sponsored links.

“Google’s search engine is helping third parties mislead consumers and misappropriate Rosetta Stone trademarks by using them as ‘keyword’ triggers for paid advertisements and by using them within the text or title of paid advertisements,” said Rosetta Stone’s general counsel Michael Wu.

For years Google enforced and protected the use of trademark terms but Google recently removed the bans it had in place and opened up Adwords to a more competitive advertising marketplace. The emphasis has now been shifted; the Adwords user is potentially responsible for verifying the restrictions of a search term or brand name. Trademark owners are normally quiet reasonable and a simple solicitor’s letter will normally make you aware of any breach in trademark use. But the Question is “Should Google be restricting the use of Trademark terms from within Adwords in order to protect its users?” and “Is Google’s removal of the trademark ban just another move to improve profit and increase Adwords revenue?”

Article by Creative SEO – Search Engine Optimisation Agency

Technorati Tags: Adwords, adwords trademark, Google, google adwords, google court, google rosetta stone, google sue, google trademark, rosetta stone