Trademarks can be used as key words for Google AdWords in Europe
The policy comes into force on September 14, bringing practice in the region in line with that of the US, Canada and much of the rest of the world.
Google’s AdWords system allows an advertiser to select key words that, when used as a search term by an internet user, will make the advertiser’s message appear in a prominent position on the search results page.
LVMH legal dispute
Previously, the company has been involved in a number of legal disputes regarding the issue, as brand owners claim that the use of their trademarks as key words constitutes an infringement.
Earlier this year, a case involving the French luxury goods manufacturer LMVH was referred to the European Court of Justice (ECJ) by the French courts.
The ECJ concluded that although the purchase of third party trademarks as key words is not in itself a trademark infringement, some uses of them might be.
According to the ECJ’s ruling, which was given in March, a trademark holder should be able to prohibit the use of the trademark as a key word if it is not clear to an average internet user whether the products or services being advertised come from the trademark holder (or an entity linked to it) or from a third party.
This was taken as good news for brand owners in that it should help cut down the number of counterfeit goods advertised using trademark key words that are being passed off as a genuine article from a genuine supplier.
Google’s new European policy does have an option for trademark owners that feel users may be misled as to the origin of products advertised. The company advises brand owners to make a complaint if they feel users will be confused, and if Google agrees the advertiser will no longer have the right to use the trademark.
