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Is This Using a Competitors Trademark?

Follower ✭ ✭ ✭
# 1
Follower ✭ ✭ ✭

The competitor companies name is "Shower Fitter". They have an R registered mark for the name shown on their site.

 

Our Ad said "Shower Fitters - Toronto" as the headline.

Display Url www.ourwebsite.com/Shower-Fitter

 

Our ads were meant to target people talking about the general service of fitting a shower. However this brand has a name that can be confused with a general service.

 

How does trademark stuff work for a situation like this?

 

Input is greatly appreciated.

Re: Is This Using a Competitors Trademark?

Collaborator ✭ ☆ ☆
# 2
Collaborator ✭ ☆ ☆

Hi,

Have you read this?

Under our EU and EFTA policy, the following types of ads may use a trademark as a keyword, provided that the combination of the keyword and ad is not confusing. The following are examples, and not an exhaustive list:

  1. Ads using a trademarked term when that term is being used in its ordinary meaning rather than in reference to the trademark
  2. Ads for competing products or services
  3. Ads for resale of the trademarked goods or service
  4. Ads for the sale of components, replacement parts, or compatible products corresponding to a trademark
  5. Ads for informational sites about a product or service corresponding to the trademark

The first example is similar to your case, you use the term in an ordinary meaning not in any competitive way. You should also know that Google will not investigate the using of the trademark in the ad text unless the trademark owner files a complaint.

Read more:-
https://support.google.com/adwordspolicy/answer/6118?hl=en

Re: Is This Using a Competitors Trademark?

[ Edited ]
Follower ✭ ✭ ✭
# 3
Follower ✭ ✭ ✭

Ah I should mention this is in Canada.

Re: Is This Using a Competitors Trademark?

Collaborator ✭ ☆ ☆
# 4
Collaborator ✭ ☆ ☆

This term applies to Canada as well.

Ad campaigns targeting Australia, New Zealand, the United States, Canada, the United Kingdom, or Ireland may use a trademark in ad text if the ad is in compliance with our policy on resellers and informational sites.

An ad can use a trademarked term in its text if either of these conditions is true:

  1. the ad text uses the term descriptively in its ordinary meaning rather than in reference to the trademark
  2. the ad is not in reference to the goods or services corresponding to the trademarked term