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Trademark Complaint Erroneously accepted - UK

Visitor ✭ ✭ ✭
# 1
Visitor ✭ ✭ ✭

Hello

 

From what we can gather - a trademark complaint has been filed against our use of a trademarked term in our Adwords text.

 

As such - any use of the trademarked term in our ad results in an automatic disapproval.

 

We are resellers of the trademarked products. Our ad targets customers in the UK and we are in complete compliance with Google's Reseller Policy which states: 

 

"Ad campaigns targeting 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.Reseller and informational site policy

When such ads can show in these regions:    Resellers:
  • The ad's landing page is primarily dedicated to selling (or clearly facilitating the sale of) the goods or services corresponding to a trademark term. 
    OR 
    The ad's landing page is primarily dedicated to selling (or clearly facilitating the sale of) the components, replacement parts or compatible products relating to the goods or services of the trademark.
  • The product or services must be the primary focus of the ad's landing page. The landing page must clearly provide a way to purchase the product or services OR display commercial information about the product or services.

 

We meet all these criteria. 

 

On contacting adwords support - and the consultant himself confirming we were in compliance with the Reseller Policy - we were eventually informed "the trademark owner has specifically registered their Trademark with us and have further TM restrictions within the UK market. Unfortunately there is nothing we can do from our side as they have registered the Trademark with us and are following the restrictions set out by them"

 
I was unable to escalate further.
 
If this is to believed - this would be a FUNDAMENTAL shift in Google's policy ( of which no one is seemingly aware ) - and would effectively negate their entire reseller policy.
 
From all that I have read - Google will not permit a trademark owner from stopping the use of a trademark in an ad in the UK if you are in compliance with their reseller policy - and yet, we have a clear case of this happening here ;-(
 
Is anyone able to assist ? I don't believe that the Reseller policy has changed - I think we have a clear error in the trademark complaint being erroneously upheld - when it should  have been dismissed on receipt in light of the Reseller exception.
 
Adwords support don't appear to be in a position to have this looked into at the requisite level and simply have to await stock answers from the mystery trademark team overseas who you are unable to contact directly
 
Can anyone please help ???
 
Thank you for your time. 

 

2 Expert replyverified_user

Re: Trademark Complaint Erroneously accepted - UK

Top Contributor
# 2
Top Contributor

Hello tchhelp; welcome;

 

Google's aim is to protect the trademark's as required by copyright laws.

 

If the trademark owner "loosen" its restrictions in the UK market, and you are an official reseller - why won't to address the issue directly with the trademark owner?

 

-Moshe

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
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Re: Trademark Complaint Erroneously accepted - UK

Visitor ✭ ✭ ✭
# 3
Visitor ✭ ✭ ✭

Hello Moshe

 

Thanks for the reply.

 

All products we sell are genuine products. However, due to the manufacturer's pricing policies - we choose not to join their authorised reseller programme.

 

As per Google's own policy ... the fact that we are not authorised by the manufacturer has no bearing on the use of the trademark in the ad text.

 

http://support.google.com/adwordspolicy/bin/answer.py?hl=en-GB&answer=186124

 

"There's an ad running from an unauthorized reseller. Will you disapprove that ad?

If the ad meets the criteria for our policy, we will allow it to run in the US, the UK, Ireland, and Canada"

 

Ignoring the enormous bureaucracy of requesting approval from the trademark owner, requesting such approval is not a requirement under Google's reseller trademark policy.

 

Many thanks

Re: Trademark Complaint Erroneously accepted - UK

Top Contributor
# 4
Top Contributor

I see...

 

Have you been able to advertise the product before? Since there was no change in the policy- what has happened?;

 

Was the account suspended OR just the ads disapproved?

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
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Re: Trademark Complaint Erroneously accepted - UK

Visitor ✭ ✭ ✭
# 5
Visitor ✭ ✭ ✭

Hi Moshe

 

"Have you been able to advertise the product before?"

 

Yes ... had the ads running in the UK for 3+ years with no issue ... about 6 months ago the ad status changed to "approved (limited)" as did the ads which are running ( and still are ) for the US region. Then about 2 months ago - the UK ad changed to "disapproved" ... and no ad targeting the UK region is able to use the trademark without it automatically being disapproved.

 

The US ad continues to run without any issue. Just the UK ad was disapproved.

 

"Since there was no change in the policy- what has happened?"

 

No change on our side. My only thought ( and this is supposition ) is that the trademark owner filed a complaint against us directly which was erroneously actioned by Google. There are a multitude of other resellers utilising the trademark on Adwords for the UK region  - so the restriction on the use of the trademark in the UK seems targeted to us by the trademark owner specifically.

 

However, as per Google's own policy - whether we have the blessing of the trademark owner is immaterial in our ability to advertise in the UK region so long as we comply with the Reseller policy. Which we do.

 

The "reseller exception" in the UK should have resulted in the dismissal of the trademark complaint - but from all accounts, it would seem the complaint was erroneously actioned.

 

I have been unable to get anyone to see if there was indeed an initial complaint - and if so how we can have this complaint reviewed in light of the "Reseller policy" exception. The general feeling is that if the computer automatically disapproves the ad that is that and move along which just cannot be right ;-(

 

Thanks again for taking the time to assist.

 

 

 

 

Re: Trademark Complaint Erroneously accepted - UK

Top Contributor
# 6
Top Contributor

Hmmm...interesting case;

I'd like to see the landing page involved before referring the case to Google: making sure that the Policy clause violated is "trademark", and not other sections of the Policy. (In other words: to make sure that we are NOT referring to Google a case a about a trade name, while the violation lies somewhere else...). But, I guess you don't want to publicly share the URL...?

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Re: Trademark Complaint Erroneously accepted - UK

Visitor ✭ ✭ ✭
# 7
Visitor ✭ ✭ ✭

Hi Moshe

 

I'd appreciate that - can I send you the URL via your email address that appears on your profile page ?

 

Many thanks

Re: Trademark Complaint Erroneously accepted - UK

Top Contributor
# 8
Top Contributor

Ok ; we usually don't do that - but due to the sensitive case - go ahead. So I will not find myself (embarrassed) referring Google a case not relevant to the question asked.Smiley Embarassed    Please also include the text of the ads disapproved.

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Re: Trademark Complaint Erroneously accepted - UK

Visitor ✭ ✭ ✭
# 9
Visitor ✭ ✭ ✭

Thank you - have done so.

Re: Trademark Complaint Erroneously accepted - UK

Top Contributor
# 10
Top Contributor

Ohhh...as I suspected...

Has the account been suspended?

Moshe, AdWords Top Contributor , Twitter | Linkedin | Community Profile | Ad-Globe
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