Google still protects some trademark keyword terms

[aviener]

Here is a note I received from Adwords when I asked them why a cerntain keyword term was being disallowed for trademark reasons:

From: AdWords Support [adwords-support@google.com]
Sent: Thursday, June 10, 2004 9:00 PM
Subject: Re: [#1XXXXXX] Your Google AdWords Approval Status

Hello Adam,

Thank you for your email. I understand that you'd like more information about our trademark policy. I've included information below. Please note that we are in the process of transitioning to this new trademark policy.
Currently the new policy applies only to new trademark complaints. Until further notice, trademark complaints already on file with us will be subject to the previous policy.

As stated in our Terms and Conditions*, advertisers are responsible for the keywords and ad content that they choose to use for their AdWords campaigns.

WHAT'S CHANGING

Our goal is to provide our users more choice and have them determine which ads they find most relevant to their query. For this reason, we do not want to prevent advertisers from using certain keywords.

As a courtesy to trademark owners, we previously performed a limited investigation of reasonable trademark concerns, reviewing both ad content and keywords. Under the new policy, trademark complaint investigations will no longer include keywords that are targeted to the U.S. or Canada.
As a result, Google will not attempt to prevent trademarked terms in keywords from triggering ads in the U.S. or Canada. However, we will continue to perform a limited courtesy investigation of complaints regarding ad content purported to be in violation of a trademark, regardless of where the ads are targeted.

Google's revised trademark policy applies to trademarks within the U.S.
and Canada only, regardless of the trademark owner's country of origin.

I hope that I have properly addressed your concerns regarding this recent revision to our program trademark policy. If you have additional questions or concerns, please feel free to reply directly to this message.


We look forward to providing you with the most effective advertising available.

Sincerely,

Dana
------

So bottom line, there is a grandfathering affect for trademark holders who had already asked Google to protect their terms.

Adam Viener

[AdWordsRep]

aviener, I notice that the email you are quoting is dated nearly two months ago, and includes the following line:

Please note that we are in the process of transitioning to this new trademark policy.

The transition mentioned in quoted email was completed some time ago. For an overview of current trademark policy, please see below - and then follow the link to more information on the Complaint Procedure. This information is also available from the AdWords FAQ, and updates will always be reflected there.

What is Google's trademark policy? (Quoting from the FAQ)

As a provider of space for advertisements, we cannot arbitrate trademark disputes between advertisers and trademark owners. As stated in our Terms and Conditions, advertisers are responsible for the keywords and ad content that they choose to use. We encourage trademark owners to resolve their disputes directly with our advertisers, particularly because the advertisers may have similar advertisements on other sites.

As a courtesy, we are willing to perform a limited investigation of reasonable complaints. Please note that any such investigation will only affect ads served on or by Google. Trademark claims can be filed at any time. The trademark owner is not required to be a Google AdWords advertiser in order to file a claim. As a provider of space for advertisements, we cannot arbitrate trademark disputes between advertisers and trademark owners. As stated in our Terms and Conditions, advertisers are responsible for the keywords and ad content that they choose to use. We encourage trademark owners to resolve their disputes directly with our advertisers, particularly because the advertisers may have similar advertisements on other sites.

Trademark Complaint Procedure (Important to read for full understanding of policy)
http://www.google.com/tm_complaint.html

On this latter page, please note the distinction between the following two sections:

* Trademark Complaint Procedure - Trademark rights in US and Canada
* Trademark Complaint Procedure – Trademark rights outside US and Canada


So bottom line, there is a grandfathering affect for trademark holders who had already asked Google to protect their terms.

This was certainly true during the transition period, but is no longer the case.

I hope this info will serve to clarify things a bit. :)

AWR