Google Ads and trademark use
Using someone else’s trademark as a keyword in Google Ads can be a clever way to drive more traffic to your website. But what are the legal implications?
Transparency is key
It is permitted to use, for example, a competitor’s trademark as a keyword, provided it is clear who the products or services on offer come from.
Avoid misleading advertising
Ensure that the advert does not give the impression that there is an economic link between the trademark owner and the advertiser.
Avoid ambiguity
Furthermore, ensure that the advert does not remain vague about the origin of the goods or services in question, as this would prevent the internet user from knowing whether the advertiser is a third party (a competitor) in relation to the trademark owner, or whether they have an economic link with them.
Take care with well-known trade marks
Well-known trade marks enjoy extra protection compared to ‘normal’ trade marks. Any use that “takes unfair advantage of, or is detrimental to, the distinctive character or reputation of a well-known trade mark” is not permitted.
In short
Whether the use of a trade mark in Google Ads is permissible depends on the way in which the advert is presented and the impression it creates.