Harvey Ingram explain the new changes to Google AdWords policy

Google will be allowing companies to use competitors trade marks as key words to trigger their own adverts throughout the European Union which was not previously the case. The Google Adwords search system allows companies to buy certain keywords to trigger their advert, which then appears above or to the right of the natural search engine results. The words can be common words like "perfume" or "holiday" but will now include third parties brand names.

The ECJ ruled earlier this month in the Portakabin -v- Primakabin case that a trade mark is only infringed if the advert creates confusion about which company is responsible for the advert. A number of companies had complained previously that use of keywords in this way amounted to infringement of their trade mark and a number were previously successful in France such as Louis Vuitton but this has changed following the recent ECJ decisions.

The current position is that Google will act on a complaint about the use of a keyword amounting to trade mark infringement throughout Europe but they would not in the US, UK, and Ireland and in more than 200 other countries. However, from the 14 September 2010, the European Union will now be brought in line with the rest of the world and any complaint process will be limited.

From the September deadline, a company advertising on Google in Europe will be able to select trade mark terms as keywords. Advertisers can still complain about use of their trade mark but only if they can show that the specific adwords text will confuse customers as to the origin of the advertised goods or services. Google will then conduct a limited investigation and only if they find that the advert text does confuse users as to the origin, will they remove the advert.

Google maintain that they aim to balance the interest of users, advertisers and trade mark owners but this change of policy will be considered a blow to a number of high profile brand owners. Google are simply acting in accordance with the current position from the ECJ in that Google are an information service provider and do not infringe trade marks commercially as it simply creates an arena for trade mark advertisers and users to do business.

Another change to their policy will take place in the UK and Ireland (but not EU wide), again bringing the UK in line with the US. This change will allow companies to use keywords in their search terms, but if they are re-sellers of goods or components, they can also use third party trade marks in the advert text itself to describe the third party goods they sell.

If you have any questions about this, trade mark use online or generally, please contact Pina McAleer or call 0116 257 6166.

VISIT OUR WEBSITE: http://www.harveyingram.com/legal-services/commercial-se ...

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