What rules apply to the use of brand names in Google AdWords?
February 28, 2022 | 40,00 EUR | answered by Greta Kleine
Dear lawyer,
I am Marco Altmann and I run an online shop for electronics. Lately, I have been experiencing some issues with my online advertising on Google AdWords. I have noticed that my competitors are using my brand names in their ads to attract potential customers to their site. I am wondering if this is legally allowed and what rules apply to the use of brand names in Google AdWords.
The current situation is as follows: When potential customers search for my company or products, they not only see my own ads, but also those of my competitors using my brand names in their ads. I am concerned that this could harm my brand and lead to a decrease in sales. I am wondering if I can take legal action against this and how I can protect my brand.
My question to you is: What rules apply to the use of brand names in Google AdWords? Are there ways to address the use of my brand names by competitors? How can I effectively protect my brand and optimize my online advertising to target potential customers?
Thank you in advance for your help and support.
Sincerely,
Marco Altmann
Dear Mr. Altmann,
Thank you for your inquiry regarding the use of brand names in Google AdWords and potential legal actions against your competitors. As a competition law attorney, I can assist you by explaining the applicable rules and possible measures.
In fact, it is generally allowed to use the brand names of other companies in Google AdWords advertisements. This has been confirmed in various court rulings, as long as the ad itself is not misleading or gives the impression that there is a connection between the two companies when there is not. Competitors can therefore use your brand names to attract potential customers to their own offers.
However, there are also legal options to address the use of your brand names. For example, you can claim a trademark infringement if the use of your brand names in the ads of your competitors creates confusion or portrays your brand in a negative light. In such a case, you can assert claims for injunction and damages.
To effectively protect your brand and optimize your online advertising, I recommend securing your brand rights through a trademark registration with the German Patent and Trademark Office or the European Union Intellectual Property Office. With a registered trademark, you have better chances of addressing trademark infringements and protecting your brand. Additionally, you should regularly monitor your brand names in Google AdWords and take appropriate actions against any violations of your rights.
It is also advisable to reconsider your online advertising strategy and use targeted keywords to reach potential customers and outperform your competitors. Through a professional and targeted advertising campaign, you can strengthen your brand and increase your revenue.
I hope this information is helpful to you and I am available for any further questions. Thank you for your trust and see you soon.
Best regards,
Greta Kleine
