What is real
is not external form.”
When talking about where and how you use a trademark, Google can either be your worst enemy or your best friend. As follows, there are three major ways of using trademarks as far as the Google policy goes: keywords, in an ad copy, or in the display URL.
For example, you can use a trademark as a keyword in the US, because Google will not investigate or restrict use. But if you are from a country in the EU, you should be aware; Google may investigate cases where certain keyword and ad text combinations are capable of generating confusion. In the worst-case scenario, they may even restrict the use of those combinations. As for the rest of the world, you may use any trademark you consider appropriate.
Regarding the use of trademarks in an ad copy, in the US you cannot use them, except if you are authorized third parties, resellers, or informational sites. Yet again, you won’t be able to use them in the rest of the world, but there is an exception to this rule too, such as if you own the trademark or you are a third party explicitly authorized by the owner.
The issue of trademarks used as keywords in advertising campaigns has been the subject of several cases of litigation in the past. More often that not, the courts have sided with search engines. To our knowledge, the issue has never been the subject of specific litigation in the context of product listing announcements, although the legal principles should be the same.
In case you have any concerns regarding the use of trademarks in keywords, we are happy to help you. Send us a message on our social media platforms, or mail us.
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We succeeded in safeguarding an important Japanese domain name for a well-known Swiss chocolatier. Even though Japanese regulations prevent any companies that do not have national presence from registering a Japanese domain name, we managed to provide our Client with a solution that both safeguarded the domain name from being purchased by potential infringers and ( learn more )