Navigating Google's New Trademark Policy: What You Need to Know

Google recently unveiled a significant shift in its Google Ads Trademark policy that will fundamentally transform the way it handles trademark complaints. Effective from July 24, 2023, the tech giant will now focus on specific advertisers and ads in processing trademark complaints, instead of all advertisers operating within the same industry as the trademark owner.

This transition will involve phasing out trademark restrictions that were active before July 24, 2023, over the subsequent 12 to 18 months. Here's what you need to understand about this new Google policy and how it could potentially impact your trademark rights.

The Current Reporting Process for Trademark Infringement

Presently, reporting a case of trademark infringement to Google involves gathering evidence of the infringement, making contact with the alleged infringer, and submitting a formal complaint to Google.

Importantly, holding a registered trademark in the country where the disputed ad appears can significantly strengthen your case, and in certain situations, it may be necessary to establish exclusive rights over the trademark.

The process begins with the trademark owner identifying an instance where its trademark may be infringed upon. This involves assessing whether a third-party's use of the mark could lead to consumer confusion, dilute the trademark's power, or harm the brand in any way.

Once the owner has gathered evidence of this infringement (for instance, screenshots of the disputed content), they should reach out to the infringing party with a cease-and-desist letter or a request to remove the content.

Should the infringing party not respond or fail to remove the infringing content, the trademark owner can escalate the issue by filing a complaint through the Google Complaint Center, selecting "Trademark Infringement" as the complaint type. All relevant information, including contact details, the infringed trademark, and evidence of the infringement, should be provided. Google will then review the complaint and act accordingly if it determines that trademark infringement has occurred.

Practicing Vigilance in the New Policy Era

Under the new policy, vigilance will become the watchword for trademark holders. Previously, Google would restrict unauthorized use among all advertisers within the same industry and country. With the policy update, however, trademark holders must now pinpoint each infringing ad or party. While the criteria for determining whether content is infringing remain unaffected by the new policy, brand owners will need to proactively monitor their marks and promptly report any violations, rather than filing a broad, industry-wide complaint.

To protect your brand in this changing landscape, we advise trademark owners to:

1. Register their marks in any country where their goods or services are sold.

2. Closely monitor third-party activities, either through regular checks or by hiring a professional watch service.

3. Be ready to take swift action through the Google Complaint Center when necessary.

As specialists in intellectual property law, Ed White Law is equipped and ready to assist with all these steps, providing the expertise and resources you need to safeguard your trademarks in this era of evolving digital advertising policies.