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5 August 2010

Google to Change Trade Mark Policy in Relation to Keywords

Google announced plans yesterday to change its trademark policy for all of Europe, bringing it into line with the US.

The internet search giant will only consider complaints about AdWords which use trade marks if the trade mark owner feels that they lead to specific ad text which confuses users about the origin of the advertised goods and services. Certain ads are permitted, such as ads for competing products or services, informational sites about a product or service corresponding to the trademark, ads for resale of the trademarked goods or services or for the sale of components, replacement parts or compatible products corresponding to a trade mark.

Google is introducing a notice-and-take-down procedure for ad text in response to the ruling of the European Court of Justice this March in the Google AdWords case involving Louis Vuitton, which found that Google is not infringing trade marks when it sells ads linked to keyword searches for a brand to one of the brand's competitors. Under the new notice-and-take-down system, a complaint to Google that particular ad text confuses users as to the origin of the advertised goods and services which it deems valid will result in removal of the offending ad.

The changes will come into effect on September 14 2010.