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copyright problem on Ad extensions

[ Edited ]
Visitor ✭ ✭ ✭
# 1
Visitor ✭ ✭ ✭

My business has been registered with riverside county dba  as photo works of temecula since 1988. google is trying to tell me i have a  Trademark issue and can't use my company name in Ad extensions. In a trademark search i find the following any company that would violate the use of photo works of temecula

http://tess2.uspto.gov/bin/showfield?f=toc&state=4008%3Acngccb.1.1&p_search=searchss&p_L=50&BackRefe...

please explain?

registered is photoworks  one word, not two words Filing Date July 22, 1994

MUDPIE PHOTO WORKS THE ART OF PHOTOGRAPHY is allowed as are other uses of photo works


how do i get someone who understands trademark problems at google.

 

2 Expert replyverified_user
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Marked as Best Answer.
Solution
Accepted by Zee (Community Manager)
September 2015

Re: Tradename and Adwords

Top Contributor
# 4
Top Contributor

Hi photoworks,

 

Trademarks are a sticky issue. I will not attempt to give you any legal advice on this, and my answer should not be constued as such.

 

A dba is not a trademark. If you have not filed for a US Trademark, it will be extremely difficult for you to claim infringement.

 

In most cases, "Photo Works" will be considered the same as "Photoworks". The best thing for you is to contact Google.

 

Best of Luck,

 

Pete

petebardo -- Deadhead doing AdWords

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September 2015

Re: Tradename and Adwords

Top Contributor
# 8
Top Contributor

Hi photoworks,

 

I can not speak to US Trademark distinguishing between "Photo Works" and "Photoworks". I am certain that in Arizona, they would be considered the same thing and the state would not register both of those.

 

The thing is, the trademark issue has been probably flagged by a computer program, not a human being. Google search would consider both "photo works" and "photoworks" to be equivalent queries, so most likely the AdWords system would also.

 

Use this form to request an exception.

 

Best of Luck!

 

Pete

petebardo -- Deadhead doing AdWords

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September 2015

Re: copyright problem on Ad extensions

Follower ✭ ✭ ✭
# 9
Follower ✭ ✭ ✭

Hello photoworks,

 

Thank you for your patience and understanding with this; it sounds like a complicated situation! I will re-iterate the suggestions that several people have made here that you should contact support. Trademarks can be a particular tricky subject, especially when dealing with semantics such as a space vs. no space. At the end of the day, what matters for your issue is whether or not a company has requested that their trademark protected under 'photo works' and 'photoworks' in AdWords. If they have done so, it means they have submitted sufficient evidence of trademark ownership to our legal team. It seems likely, based on what you have said is happening, that this is the case and that you will need to work with the company itself on a resolution. 


The best course of action for you will be to contact AdWords Support, who will be able to give you the contact email address of the company that has claimed trademark ownership of 'photo works' and/or 'photoworks.' Once you get in contact with them, you can either work with them to dispute their trademark claim or have them fill out the trademark authorization form, which will allow you to use their registered trademark at your discretion. 

 

I hope that you are able to clear this up!

 

Brian D.

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September 2015

Re: copyright problem on Ad extensions

Follower ✭ ✭ ✭
# 14
Follower ✭ ✭ ✭

Hi photoworks,

 

It sounds like perhaps the best option for you in this case will be to contact the trademark owner directly and request that they grant you trademark authorization. While there may be complicated circumstances behind the trademark itself, if another legal entity has rights to the trademark, AdWords will likely monitor for it appropriately. You can contact the trademark team directly at ads-trademarks@google.com. You can request that they give you the trademark contact for 'photo works' and you can then communicate with them about granting you approval to use the phrase at your discretion in AdWords.


I hope this helps!

 

Brian D.

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September 2015

Re: copyright problem on Ad extensions

Follower ✭ ✭ ✭
# 16
Follower ✭ ✭ ✭

Hello photoworks,


I would highly suggest that you reach out to the trademark team at ads-trademarks@google.com, as they will be able to clarify on the intricacies of this trademark complaint. They may even be able to assist you in getting authorization to use the trademark. I wish I could give you more guidance, but they are the only ones that are able to speak to the specifics of each trademark complaint. 

 

Thanks,


Brian D.

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Re: copyright problem on Ad extensions

Participant ✭ ✭ ☆
# 2
Participant ✭ ✭ ☆

Hey,

 

I think that the easiest way in this case would be to call them directly, you can find the phone number and service hours here: http://support.google.com/adwords/bin/answer.py?hl=en&answer=1385067

 

Good luck,

 

Asaf

 

Re: Tradename and Adwords

Top Contributor
# 3
Top Contributor

photoworks; Welcome;

 

You are not quite clear. Are you the tradename owner? Have you verified that this business name is a registered tradename? (the link you provided is not accessible)

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 Zee (Community Manager)
September 2015

Re: Tradename and Adwords

Top Contributor
# 4
Top Contributor

Hi photoworks,

 

Trademarks are a sticky issue. I will not attempt to give you any legal advice on this, and my answer should not be constued as such.

 

A dba is not a trademark. If you have not filed for a US Trademark, it will be extremely difficult for you to claim infringement.

 

In most cases, "Photo Works" will be considered the same as "Photoworks". The best thing for you is to contact Google.

 

Best of Luck,

 

Pete

petebardo -- Deadhead doing AdWords

Re: copyright problem on Ad extensions

[ Edited ]
Visitor ✭ ✭ ✭
# 5
Visitor ✭ ✭ ✭

called with no sucess

Since many of you do not read of the entries, This is a summary of all three pages

HP purchased the trademark photo works from a American Greetings, from one of their closed business called Seattle FilmWorks. History of Seattle FilmWorks Shutterfly is a division of HP.

Photo works of Temecula has been an established photo lab since 1988.

From google
Hello Clara, Thanks for being patient with me, while I escalated your concern with our specialists. Clara, the specialists have got back and I am sorry but they have got back saying that you will not be allowed to use the trademark term Photo Work. I understand that you used the term first and registered it as well. But we will have to monitor the term as it is currently registered with us by another advertiser. I am sorry but we will not be able to do anything in this case.

If you do a trademark search for photo works

Search tradmarks

You will find the following Word Mark PHOTOWORKS Goods and Services IC 009. US 021 023 026 036 038. G & S: computer software for creating multimedia presentations on personal computers

As you can see the trademark has nothing to do with printing.

Seattle filmworks did register in 1992 for the trademark Seattle Film Works for Goods and Services IC 001. US 006 026. G & S: photographic film.

As you can see above Seattle Film Works never had a trademark for printing related services for photo works.

I have been advertising with google adwords since 2006.

I found this at Phillps Givens Law Blog

1. Failure to prosecute infringers. I can not tell you how important it is to prosecute (prevent) trademark infringers from unlawfully using your trademark. If you do not, your trademark is considered weak. Furthermore, if you take no action to prevent infringers and their use of your trademark is overwhelming, you can lose your trademark rights. Essentially, your trademark will lose its uniqueness to your product or service. I have never received a notice from anyone regarding the use of the word photo works. 2. Abandonment by non use or change in the nature of goods or services sold under the trademark. For example, you register your trademark to uniquely identify plumbing services. Subsequently, you stop providing plumbing services and you now provide medical testing services. However, you do not change the trademark. The trademark originally used to identify plumbing services can not and will not identify medical testing services. You must apply for and obtain a new trademark to identify medical testing services. the previous owners of the mark got a mark for media software, and now HP, the bully, wants to apply it to printing. They have changed the trademark to printing, it is still media software, which I believe it a product that has been abandoned.

What can a small business, struggling to stay in business, do to fight a bully. I don't have the fund to legally fight HP, the bully, but I can take my fight to the internet and to the streets. And hopefully after reading this you will think twice before buying HP products.

Re: Tradename and Adwords

[ Edited ]
Visitor ✭ ✭ ✭
# 6
Visitor ✭ ✭ ✭

one word and two words is not the same in the united state. the following are trademarked MUDPIE PHOTO WORKS THE ART OF PHOTOGRAPHY, PHOTOWORKS EMAIL-A-BOOK, PHOTOWORKS, PHOTO WORKS VISUAL MARKETING

Re: Tradename and Adwords

Visitor ✭ ✭ ✭
# 7
Visitor ✭ ✭ ✭
I do not have a trademark for photo works of temecula. but no one else does either. but other trademarks are as follow
MUDPIE PHOTO WORKS THE ART OF PHOTOGRAPHY
PHOTOWORKS EMAIL-A-BOOK
PHOTOWORKS
PHOTO WORKS VISUAL MARKETING
Marked as Best Answer.
Solution
Accepted by Zee (Community Manager)
September 2015

Re: Tradename and Adwords

Top Contributor
# 8
Top Contributor

Hi photoworks,

 

I can not speak to US Trademark distinguishing between "Photo Works" and "Photoworks". I am certain that in Arizona, they would be considered the same thing and the state would not register both of those.

 

The thing is, the trademark issue has been probably flagged by a computer program, not a human being. Google search would consider both "photo works" and "photoworks" to be equivalent queries, so most likely the AdWords system would also.

 

Use this form to request an exception.

 

Best of Luck!

 

Pete

petebardo -- Deadhead doing AdWords
Marked as Best Answer.
Solution
Accepted by Zee (Community Manager)
September 2015

Re: copyright problem on Ad extensions

Follower ✭ ✭ ✭
# 9
Follower ✭ ✭ ✭

Hello photoworks,

 

Thank you for your patience and understanding with this; it sounds like a complicated situation! I will re-iterate the suggestions that several people have made here that you should contact support. Trademarks can be a particular tricky subject, especially when dealing with semantics such as a space vs. no space. At the end of the day, what matters for your issue is whether or not a company has requested that their trademark protected under 'photo works' and 'photoworks' in AdWords. If they have done so, it means they have submitted sufficient evidence of trademark ownership to our legal team. It seems likely, based on what you have said is happening, that this is the case and that you will need to work with the company itself on a resolution. 


The best course of action for you will be to contact AdWords Support, who will be able to give you the contact email address of the company that has claimed trademark ownership of 'photo works' and/or 'photoworks.' Once you get in contact with them, you can either work with them to dispute their trademark claim or have them fill out the trademark authorization form, which will allow you to use their registered trademark at your discretion. 

 

I hope that you are able to clear this up!

 

Brian D.

Re: copyright problem on Ad extensions

Visitor ✭ ✭ ✭
# 10
Visitor ✭ ✭ ✭

My business has used photo works of temecula since 1988. The trademark was registered after. How can you keep me from using my name? Photo Works was from seattle and went out of business. they sold it to hallmark. If i had the money I would object to the transfer of photoworks.com, but I can't afford it.

this makes no sense.

they could not transfer the name if I objected, but you will not let me use my name that was registered before a dead company registered it.