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ARTICLE · 02 JULY 2009

Google’s Trade Mark Policy Update

Google AdWords, the auction-based program where advertisers bid on search terms to place text ads alongside search results, has been the subject of controversy and litigation around the world.

AustraliaIntellectual Property

Google AdWords, the auction-based program where advertisers bid on search terms to place text ads alongside search results, has been the subject of controversy and litigation around the world. In response, Google, in an attempt to maintain its viable business model and to assist trade mark owners in protecting their registered rights from misuse by competitors, has introduced a new trade mark policy, which came into effect on 4 June 2009. This will offer varying degrees of assistance to trade mark owners according to the country in which the trade mark is registered.

Before we get into Google's willingness or unwillingness to assist trade mark owners as the case may be, we need to define two terms. These are 'keywords' and 'ad text'. Most of us have used Google at some stage, when we enter our search term (keyword) and press the search function a number of sponsored links appear with a description ('ad text'). Advertisers, in addition to describing their ads, are

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