In case you missed it, Google Ads announced significant changes to its trademark policy.
On Thursday, Google sent an email to advertisers who currently have a trademark claim with Google about upcoming policy updates. Since the email advertisement was published to selected advertisers with an active complaint on file, Kirk Williams did Twitter to alert other advertisers in the sector.
What’s changing in trademark policy
According to Google, the significant changes go into effect on July 24, 2023. Specifically, Google stated:
Starting July 24, 2023, we will accept and process trademark complaints only against specific advertisers and/or ads, rather than all advertisers in the trademark owner’s industry.
Migration to the new policy system will be phased over time and as new trademark claims are filed under the new policy.
Any trademark restrictions implemented before July 24th will be phased out the majority advertisers in the next 12-18 months.
What is not affected by the new policy
Williams shared more detail about what isn’t changing as part of the updated policy in a LinkedIn post publication:
Image credit: Kirk Williams, LinkedIn.com, June 2023
To break it down, these specific policies have not changed and still stand:
US and EU advertisers can still bid on trademarked keywords. They may not use competing trademarks in ad copy.
Some EU countries may not allow advertising with trademarked keywords. Other countries have recently allowed it in recent years.
What this means for advertisers
The new policy states that New Complaints will process trademark complaints against specific advertisers or advertisements, not all in the trademark owner’s industry.
When new trademark claims are filed, Google will investigate only the specific advertisers that the trademark owner notices.
Google Ads Liaison Ginny Marvin explained how this affects advertisers via Twitter.
With this new process, you will still be able to file complaints at the advertiser level. It should also reduce over-branding and trademark owners won’t have to constantly check in when they want to authorize new accounts (including their own) to use their trademark.
— AdsLiaison (@adsliaison) June 8, 2023
Marvin went on to explain the expected efficiencies with the new policy:
Complaints can still be filed at the advertiser level
Reduction of excess flag
Trademark owners won’t have to constantly check in when they want to authorize new accounts to use their trademark.
It is speculated that the most prominent and well-known brands will be the most affected and should be on the lookout. In the short term, submitting new complaints after July 24 could result in additional administrative work.
Additional speculation in the Twitter thread made valid points about the use of standard trademarked terms such as “iPhone” or “iPad” in the ad copy. That is until the trademark owner files a complaint.
Summary
If you’re an advertiser who has already filed a trademark claim, keep an eye out for potential new defendants in the next 12-18 months.
For advertisers bidding competitively, bidding on branded keywords is still acceptable. Including another trademark owner’s name in your ads remains an infringement.
You can find the full Google policy here: https://support.google.com/adspolicy/answer/6118?hl=en.
Thanks to Kirk Williams for spotting the policy update and Ginny Marvin for further clarification for advertisers.
Featured image: Olivier Le Moal/Shutterstock
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