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Extended Use of Trademarked Term

Visitor ✭ ✭ ✭
# 1
Visitor ✭ ✭ ✭

I'm having a problem with Google AdWords and a site I have made using software called Rapidweaver. I wanted to make the landing page quite simple, a logo and a couple of columns explaining what the website is about (it's an Apple Mac support business). I also wanted to use a non-web safe font (Myriad Pro) so I chose a plug-in that will turn the text into an image rather than use a web safe font that I don't like, it uses what it calls 'blocks' to place text and images, just like Quark or InDesign do.


I submitted the site to AdWords, they emailed me back to say that it couldn't accept the ad because one of the keywords is 'mac', that's a trademark and that I had three options to comply:

 

1. Remove the above trademark(s) from your ad
2. Obtain authorisation from the trademark owner
3. Direct your ad to a landing page that complies with our policy

 

I think the top two are ruled out although I do have an Apple certification, the third means I have to mention 'mac' a lot more than I have done on the landing page, in the text I had mentioned it about 8 times. I changed it, submitted again, got the same reply back. I then realised (after searching the page myself) that because the text is an image Google's tools must be missing it. So I made the image block have a solid white background and put a text block behind it with the web safe font using exactly the same text so that Google could pick that up but not change the look of the page. I mention the word 'mac' 14 times, compared to the company who are top of the ads list when you search for Apple support in the area targetted this is good as they mention it 13 times. Submitted it again, this time I get the answer:

 

I'm sorry for the trouble you have been facing so far. I understand that you made efforts to make the word Mac prominent on your landing page.

For instance, I noticed that you had mentioned "Surrey Hills Mac Can Help with all issues related to Mac , Windows on Mac etc). However, its not visible enough because you have used flash instead of text format.

 

There is no flash used at all in making the site. I sent a screen shot and the HTML that RapidWeaver uses to make the page to the Google AdWords support guy to prove that the word 'mac' is prominent. I got this reply:

 

From the script that you have sent, I see that you have been using Java script in your website. In order to make the trademark term more prominent, I suggest you to use plain HTML instead of javascript.

 

Where can I go from here?!?!? Do you have any idea as to what I can do apart from to use a the non-web safe font? I believe that this could result in the site looking like a load of rubbish if the end user doesn't have Myriad Pro installed?

 

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Accepted by MosheTLV (Top Contributor)
September 2015

Re: Extended Use of Trademarked Term / MAC

Explorer ✭ ✭ ☆
# 7
Explorer ✭ ✭ ☆

Hi Jimmy,

 

In your case if your ads are disapproved citing trademark approval, then the only way you can get your ads to approve is either by obtaining Trademark approval from the Trademark owner (in this case I am assuming it will be Apple) or by using a generic ad which does not mentions the term Mac or Apple. The content of your page should not matter. If that nonwebsafe content was the matter the the trademark disapproval would have been under 'unsafe content'.

 

Till Apple tells Google that you are authorized to use their brand name, I think the best way for you would be to use a generic ad with no Trademark term like 'mac' or 'apple'. Here is a link on trademark disapprovals - http://support.google.com/adwordspolicy/bin/answer.py?hl=en&answer=6118

 

I really hope this helps you out.

- Neeti Ghildiyal
@NeetiGhildiyal | SMG Convonix | Join Us - Facebook | Twitter | LinkedIn

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Re: Extended Use of Trademarked Term / MAC

[ Edited ]
Top Contributor
# 2
Top Contributor

Hello JimmyTinker and welcome;


From my understanding / experience all the technical attempts trying to bypass the policy - would end up in failure.

You need to comply with the Policy. The 3 options available are ONLY those listed by Google. Reconsider the one that would best fit your business.

Most advertisers would try to obtain an authorization from the trademark owner.

 

-Moshe

 

 

 

 

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’

Re: Extended Use of Trademarked Term / MAC

Visitor ✭ ✭ ✭
# 3
Visitor ✭ ✭ ✭

Moshe,

 

Thanks for the quick reply, I appreciate it. 

 

My problem is that I really want to use that font. I'm not trying to trick anyone or be sneaky or con Google or Apple, I just want to use a nonwebsafe font in an advert and Google don't seem to have the tools to deal with such a simple need. I don't have the skills to embed it (I don't know HTML) so have the choice of turning the text to an image or use the font and have it render incorrectly on any prospective clients computer that doesn't have it installed, that's not going to look good for a business hoping to attract some support work is it?. So Google are effectively demanding that I change the design of the website. The trademark owner is Apple, I have emailed them to ask exactly how I can use my certifications I hold in legitimate advertising but haven't had a reply and don't expect one for a couple of days.

 

To be honest it's the constant moving of the goalposts that I find utterly bizarre - you haven't used the word 'mac' enough then you've used too much Flash, then there's too much Java. Then the person who has been telling me all this says that he's not at all technical! This is the first time I have tried to use AdWords and 10 days (TEN DAYS!) later I am no further forward, because the support is in a totally different time zone I can only exchange one or two emails a day. The service is shockingly bad, are there alternatives?

Re: Extended Use of Trademarked Term / MAC

Top Contributor
# 4
Top Contributor

JimmyTinker;


I lost you somewhere ....You are getting into too many details that are irrelevant to trade-name:


  • What was the violation? The usage of the trade name "Mac"? The use of Apple's font? If you violate a trade-name how can you use it in the text (8 times ...?)


I do agree with the last person you spoke to:  A trade-name is not a technical matter - it's a legal issue.

 

 

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’

Re: Extended Use of Trademarked Term / MAC

Visitor ✭ ✭ ✭
# 5
Visitor ✭ ✭ ✭

OK, I'll try to simplify.

 

I want to advertise a website for a company that carries out Apple Mac support.

I want to use same font that Apple uses - Myriad Pro (an Adobe font that comes bundled with Adobe Reader)

I use some software (Rapidweaver) that uses templates and themes in order to allow people who cannot code or use DreamWeaver to create very good looking web sites.

Because Myriad Pro is not a web safe font I took advantage of a plugin for Rapidweaver that converts all type to an image.

When I chose some keywords, created an ad which uses the word 'mac' and submitted them along with the URL of the website I had created the ad was rejected because the word 'mac' is trademarked. The three options to get around this were:

 

Don't use the word 'mac'

Get permission from Apple

Use the word 'mac' more than I already had done on the website.

 

 

It took me a day to realise that because the copy I had written was being converted to an image whatever tools Google were using to check how many times the word 'mac' was on the page were not picking up anything, they're looking for text and unfortunately a human is not looking at the site.

I placed exactly the same text (using a websafe font) as had been converted to an image behind the image so that although the website appeared the same visually (thus not changing the design) the text should show up to Google's tools. I also increased the usage of the word 'mac'. When I search the page for 'mac' I get 14 hits.

I was then told that Google still didn't think that I had used the word 'mac' enough times to meet their criteria despite using the word 'mac' one more time than the top paid for Google ad.

I queried this and was then told that because the site was made in Flash Google couldn't see the text properly.

I checked with RapidWeaver, it doesn't use Flash and let Google know this.

I was then told that I was using too much Javascript.

I checked with RapidWeaver who claim that it uses Javascript but no more than is usual.

I can use Myriad Pro on the website, there is nothing stopping me from doing this, but I run the risk of it being replaced on potential clients computers who do not have it installed by a random font which will look bad.

I'm of the opinion that I cannot be the first person who wants to use a non-websafe font and advertise their website using Google AdWords.

What gives? It cannot be legal - the only issue is how many instances of the word 'mac' whatever tool Google uses to check these things can see. If it can see that I am using it at least 13 times (the top rated ad in my area uses it 13 times) then they will allow the ad. To anyone looking at the page they would see it 14 times!

To top it all I have been told that the person I am dealing with is not technical - they seem to have been dishing out lots of technical advice over the last ten days!

I am a certified Apple integration specialist, I have asked them for advice in this area but they only say that they aim to respond in two business days, previously it has taken more.

 

Lastly, I am peeved but looking back may have come across as being more angry than neccessary, I hope I ddn't cause you any offence Moshe, if I did I apologise.

 

Re: Extended Use of Trademarked Term / MAC

Visitor ✭ ✭ ✭
# 6
Visitor ✭ ✭ ✭

UPDATE

 

Now, on day 11, the made up excuse for not accepting the ad is:

 

Only permission from Apple will do, nothing else is now good enough. 

 

How can I complain?

Marked as Best Answer.
Solution
Accepted by MosheTLV (Top Contributor)
September 2015

Re: Extended Use of Trademarked Term / MAC

Explorer ✭ ✭ ☆
# 7
Explorer ✭ ✭ ☆

Hi Jimmy,

 

In your case if your ads are disapproved citing trademark approval, then the only way you can get your ads to approve is either by obtaining Trademark approval from the Trademark owner (in this case I am assuming it will be Apple) or by using a generic ad which does not mentions the term Mac or Apple. The content of your page should not matter. If that nonwebsafe content was the matter the the trademark disapproval would have been under 'unsafe content'.

 

Till Apple tells Google that you are authorized to use their brand name, I think the best way for you would be to use a generic ad with no Trademark term like 'mac' or 'apple'. Here is a link on trademark disapprovals - http://support.google.com/adwordspolicy/bin/answer.py?hl=en&answer=6118

 

I really hope this helps you out.

- Neeti Ghildiyal
@NeetiGhildiyal | SMG Convonix | Join Us - Facebook | Twitter | LinkedIn

Re: Extended Use of Trademarked Term / MAC

Top Contributor
# 8
Top Contributor

Jinmy ;

I was on my way to answer you, when noticing that Neeti did it excellently!

I have nothing to add. The number of times you reiterate /duplicate a trade name on a website is insignificant. You cannot use a trade-name owned by a firm (e.g "Mac"owned by Apple), without getting authorization. All the other technical stuff is irrelevant.!

 

-Moshe

 

 

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’

Re: Extended Use of Trademarked Term / MAC

Visitor ✭ ✭ ✭
# 9
Visitor ✭ ✭ ✭

Neeti,

 

Thanks for taking the time to reply, I appreciate all responses. 

 

While I realise that the words 'Apple' and 'mac' are trademarked there are two obvious issues here. The first being that it's going to be pretty hard to advertise Apple Mac support services without mentioning those two words. Impossible in fact.

 

Secondly, according to Googles own conditions I can use use those words if I use them enough times on my landing page, here is the relevant excerpt from one of the first emails sent to me by AdWords support:

 

Next Steps

 

Andy, there are three options you can choose from to have your ads up and running. 

 

Option1: Remove the term 'Mac' from your ads 

 

All you have to do is remove the term 'Mac' from your ad or replace it with another word or phrase, like 'System Repair', 'Service' etch

 

Option 2: Provide supporting documentations to use this term 'Mac' in your ads:

 

If you have the authorization from the trademark owner to use this term, please ask the trademark owner to fill out this form "https://services.google.com/inquiry/aw_tmauth" and let us know about it and we will be happy to process this for you. Or you can contact the trademark owner of this term and request them to provide you authorization to use this term by filling the above form. You can get in touch with the directly and get their authorization. 

 

Option 3: Increase usage of this term in the Landing Page

 

Andy, while reviewing your website I see that you are a reseller who offer technical support/ service components related to Mac/Apple and other computer services.

 

If you are an authorized reseller for this product, all you have to do is use this trademark term more frequently in your website and Landing page. 

 

Please choose any one option of your choice to get your ads approved. Once you do the needful, you can write back to me and I will be happy to contact my specialist team to re-review your ads.

 

Looking forward to your hear from you soon!

 

and in reply to me asking how many times I have to use the term:

 

Thank you for your inquiry, I appreciate your interest in complying with our Google AdWords Policies and I'm happy to assist you further

 

Regarding your question about using the trademark term in the landing page, please note that we don't have a specific number,  however, please ensure that you make it prominent on the Landing page. 

 

Once you do this, please write back to me, so that I can check with our Specialist and then expedite the review if it's good to go. 

 

Hope this helps Smiley Happy

 

Which kind of says to me that I can use the term, if I use it frequently or prominently enough! If in fact I can't use any trademarked term (something I am happy enough to recognise) why on earth has this been going on for 11 days without being made explicitly clear???

 

The support person I have been dealing with has in todays email kindly given me an email address of someone at Apple I can contact over this so hopefully it will soon be resolved but what a rigmarole!