Google’s New Trademark Policy

What does Google’s new trademark policy mean for companies in APAC?

Well it more than likely means increased search spend for you. No prizes why Google changed it then.

What was previously the case across the majority of APAC was that when you registered your trademark keyword terms with Google it meant your competitors, affiliates or unauthorized resellers could not buy those terms nor have an ad triggered against it.

In a change which will take effect from June 4th 2009 your competitors or anyone else can add these previously “forbidden” keyword terms to their campaigns.  If your keyword terms have been registered with Google as being “trademarked” that term will NOT be allowed to be seen in the Ad Copy but the ad CAN BE shown.

For Example:

Coke can buy the word Pepsi  and have a Coke Ad appear on Google as long as the keyword Pepsi is not shown in the Ad copy. (That is as long as Pepsi has registered its trademark keywords with Google)

This is a major change. Australia and New Zealand is not affected at this stage.

I am guessing because Google in the AU market has already been the subject of many legal and (recent) regulatory challenges and does not see the upside at this stage. China is another market that is missing from this recent policy change. Which, again, due to recent noise over market leader Baidu and its keyword and paid ad issues, I imagine Google has chosen discretion over revenue raising.

A list of all 190 countries can be found here:

http://adwords.google.com/support/bin/answer.py?answer=144298

The main APAC countries affected are:

• India
• Indonesia
• Japan
• Malaysia
• Philippines
• Singapore
• Thailand

In a related Google policy change in the USA, there will be some instances where even though you are the owner of a registered trademark, Google will allow the ad to be shown and have the keyword appear in the Ad Copy. So much for brand protection!

From Google’s site:

“We permit a trademarked term to be used in the ad text of ads that appear to be submitted by resellers; informational sites; the makers or resellers of components or parts for the goods and services related to the trademark term; or compatible components or parts for the goods and services related to the trademark term. The product or services from resellers must be on the ad’s landing page and must be clearly available for purchase.” (Google Adwords Support)

This change will take effect from June 15th.

All of these changes have been made under the guise of relevance for the user. Which I am sure is true, in part. However, it would be much more transparent and honest of Google if they just admitted it was to also increase advertising revenue at a time when they, like many around them, are under pressure to show continued revenue and profit increases.

Maybe they will in time when earnings come around again.

Tags: APAC, brand protection, Google, Paid Search, sem, trademark policy