Google recently announced two changes to their Trademark Usage policies which will mean Trademark owners will have to be even more vigilant about how and where their Trademarks are being used.
From 14 September, Google will ignore complaints about the use of third party Trademarks in Google Adwords campaigns, unless the resulting links are considered to be confusing, throughout continental Europe. This first change has been in force in the UK and Ireland since May 2008 and the rest of the world since June 2009, with the exception of continental Europe.
This follows a ruling by the Court of Justice of the European Union, that Google was not infringing Trademarks by effectively selling Trademarks for use in Adword Campaigns. This means that, unless the person using the adword is using it in a misleading way, Google will allow the use to continue.
The second change, which will also come into force on 14 September 2010, is that users in the UK, Ireland and Canada will be able to use third party Trademarks in the text of the link to their website. This option will only be available to resellers of branded goods and suppliers of parts for these goods but it does also mean that Trademark owners will have to be more vigilant about the use of their Trademarks.
These changes also highlight the importance of having a Registered Trademark as this gives you a legal monopoly to use your Trademark for the goods and/or services for which it is registered. Although Google will allow the use in link text and as adwords, if you believe your Trademark is being infringed by use in the Google search results then you may have genuine cause for legal action. For more information about protecting your brand please contact one of our Trade Mark Attorneys.