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ARTICLE · 05 JUNE 2013

Google updates its AdWords Trademark Policy

Cooper Grace Ward
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This amendment brings Australia in line with how the AdWords trade mark policy is applied in other parts of the world.

AustraliaIntellectual Property
Charles Sweeney
Charles Sweeney
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Google recently announced a revision to its AdWords Trademark Policy. From 23 April 2013, keywords that were previously restricted as a result of a trade mark complaint and investigation are no longer restricted in Australia (and China, Hong Kong, Macau, Taiwan, New Zealand, South Korea and Brazil).

This means that since 23 April 2013, an advertiser can use a third party's trade mark as a keyword in its AdWords. This amendment brings Australia in line with how the AdWords trade mark policy is applied in other parts of the world.

While this change will not prevent a trade mark owner from making a complaint about the use of their trade mark in a competitor's AdWords, Google will not act to prevent the use of that trade mark. Prior to 23 April, the Google AdWords Trademark Policy provided that where a trade mark of a third party appeared within ad text, and a complaint was made by the trade mark owner, Google would restrict the use of the trade mark and the ad text

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