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Appeal Trademark Decision

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# 1
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NEED HELP WITH A TRADEMARK PROBLEM - Is there a way to A) Appeal a trademark decision? B) Contact a human actually in the Google Trademark office?

 

We have a USPTO registered trademark that includes 2 words. Just for the sake of an example, it's much like Smith & Wesson, a trademark consisting of 2 words... Continuing the example, our competitor is using the headline "Wesson Revolvers" in their text ads on searches for our brand . We of course filed a "trademark violation" with ads-trademarks@google.com requesting Google disapprove our competitor's text ads that use a portion of our mark...and twice Google's trademark office has denied our request, essentially saying our competitor is allowed to promote themselves as "Wesson Revolvers" and feed off the familiarity of our brand.

 

We realize there's a problem in that we do NOT hold the trademark for the word "Wesson" alone, (and we're working now to get it) But isn't there an appeal we could make that our competitor is simply skirting the INTENT of Google's trademark policies by editing our trademark to the shorthand version? How could it be that our trademark is not protected when half of it is just as familiar as all of it?

 

We would like to attempt to make our case, but the trademark office seems only to respond with brief emails using boilerplate language....

 

So again... Does anyone have any experiences with, or knowledge of, how to Appeal a trademark decision? And is there any way to contact a real person in the Google trademark office? Thank you.

 

(And thank you, but please don't explain why Google was right to deny our request based on the wording of their policies. There's a vast difference between what's written in a policy and simple logic. Any visit to the lady working the counter at the DMV makes that clear.)

 

 

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Accepted by MosheTLV (Top Contributor)
September 2015

Re: Appeal Trademark Decision

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# 3
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Thanks Moshe - I agree with your summation. "Variant" is the word. We apparently need to work on owning every variant of our mark, (which might be difficult, but we're going to work on it. ) I suppose for Google the safest thing is to play it "black and white", as in "exact mark" or "not exact", but it's still very frustrating since a slight editing of any mark allows another party to side-step the spirit and intent of Google's own trademark policies. You might think they'd apply some judgement as to the circumstances and situation as any judge would do; instead they operate like a rubber stamp and take "thought" off the table... Still. We'd like to try to speak to a "person" in the trademark office. Perhaps they could offer some insight to their thinking. Either way, we'd prefer to to be told we're "crap-out-of-luck" by a person, than by a form-letter email.

Thanks again Moshe

Anyone else ever able to contact Google trademarks?

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Re: Appeal Trademark Decision

[ Edited ]
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# 2
Top Contributor

Hello @Jillian W;

My experience: Google is very strict to follow the USPTO taradmnems registration. So, unless  you own the "variant" of the trade name, I don't think Google will take any stand.  I don't think Google is going to change its Policy. If you think there is, indeed, a  case of a violation, then the only avenue I can see is legal proceedings against your competitor. Google doesn't seem to be a side  / play a role in  the dispute. 

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
Did you find any helpful responses or answers to your query? If yes, please mark it as the ‘Best Answer’
Marked as Best Answer.
Solution
Accepted by MosheTLV (Top Contributor)
September 2015

Re: Appeal Trademark Decision

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# 3
Visitor ✭ ✭ ✭
Thanks Moshe - I agree with your summation. "Variant" is the word. We apparently need to work on owning every variant of our mark, (which might be difficult, but we're going to work on it. ) I suppose for Google the safest thing is to play it "black and white", as in "exact mark" or "not exact", but it's still very frustrating since a slight editing of any mark allows another party to side-step the spirit and intent of Google's own trademark policies. You might think they'd apply some judgement as to the circumstances and situation as any judge would do; instead they operate like a rubber stamp and take "thought" off the table... Still. We'd like to try to speak to a "person" in the trademark office. Perhaps they could offer some insight to their thinking. Either way, we'd prefer to to be told we're "crap-out-of-luck" by a person, than by a form-letter email.

Thanks again Moshe

Anyone else ever able to contact Google trademarks?