The last thing you need is a competitor using YOUR trademark to steal customers away from you. So, here are the procedures to follow to protect your trademark in the major search engines. Following these procedures will prevent any other advertiser from using your trademark in their creative. This is important whether you are running a branding campaign or a direct response campaign.
Ask:
Unfortunately even though they try to enforce Trademark Protection, there is no way for them to guarantee this. If you see a problem with someone bidding, that is something that needs to be addressed for each specific violation.
Google:
You will need to fill out the AdWords Trademark Complaint Procedure form for the United States. Once this has been submitted to the Google trademarks team, follow up with your rep, to make sure they are processing this for you. Once they have approved your trademark, they can then start monitoring it.
Looksmart:
Here is the language regarding Trademarked keywords that was sent to me by their Legal Department.
“It is a violation of LookSmart’s Terms and Conditions for advertisers to purchase keywords or keyword phrases that are the registered trademarks of another. To ensure that your trademarks are not purchased, please provide us with a list of your trademarked words and phrases. LookSmart will place these words on a watch list and no other advertiser will be allowed to purchase them without further review by LookSmart. Until we receive your list of trademarked words and phrases and add them to our watch list, we cannot ensure that no third party will purchase your trademarked words or phrases. Please contact Margaret Robbins in our Legal Department if you have any further questions.”
Yahoo:
Yahoo has a comprehensive page on Trademark Policy.
I was sent an email stating:
In order to assist Yahoo! Search Marketing in expeditiously addressing your concern, please provide the following information:
1. The search term which, when entered, caused the advertiser’s listing to appear.
2. The trademark on which your claim is based.
3. If you own a current registration for the trademark on the Principal Register in the United States Patent and Trademark Office, the registration number.
4. If you have evidence of any consumer confusion resulting from the advertiser’s bid on the search term, a description of such evidence.
5. If you have contacted the advertiser about your concerns, the status of your communications with the advertiser.Please forward this information to Yahoo! Search Marketing at the following email address: trademarkconcern-ysm@yahoo-inc.com.
MSN Search: See their official Word Doc. I stored it in the beta version of Writely.
Stephen Spencer has a nice write up regarding a 3rd party software called ProtectMyMark. It’s purpose is for trademark protection.
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Shimon, you bring out a good topic here.
I’ve worked with companies where their #1 keyword was their competitor’s trademarked name. Only Yahoo would not allow them to use it. Ask, Google and MSN were fine with it.
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