The way Google handles trademark complaints in Google Ads fundamentally changed in July 2023. For advertisers, this shift creates both new opportunities and new responsibilities. Understanding these changes is essential whether you're a brand owner protecting your trademarks or an advertiser ensuring compliance.
This guide breaks down the policy update, its implications, and practical steps for navigating the new trademark landscape in paid search advertising. Whether you're managing campaigns in-house or working with a professional PPC management team, staying informed about trademark policies helps protect your brand and avoid compliance issues.
Understanding the Trademark Policy Change
What Changed on July 24, 2023
Google announced a significant revision to its Google Ads Trademark policy that fundamentally altered how the company investigates and processes trademark complaints. Before this date, trademark owners could submit complaints that restricted unauthorized use of their trademarks across all advertisers in their industry and geographic market. Google would then prevent any advertiser from using those trademarks in their ads without specific authorization.
Under the new policy, Google will accept and process trademark complaints only against specific advertisers and/or specific ads, rather than all advertisers in the trademark owner's industry. This shift means that blanket restrictions on trademark terms are no longer enforced. Instead, brand owners must actively identify and report each individual instance of alleged trademark infringement.
The transition period between policies spans 12 to 18 months, during which Google will phase out trademark restrictions that were implemented prior to July 24, 2023. This gradual approach allows both advertisers and brand owners time to adjust their strategies and monitoring practices.
For advertisers who previously had ads disapproved due to trademark restrictions, this change may open new opportunities for keyword targeting in your campaigns.
Why Google Made This Change
The policy modification reflects Google's assessment of trademark enforcement complexity and the challenges of blanket restrictions in an advertising ecosystem where legitimate uses of trademarked terms sometimes occur. Common scenarios where trademark terms legitimately appear in advertising include:
- Comparative advertising - Legitimate comparison between your products and competitors'
- Resellers and partners - Authorized sellers mentioning brand names
- Informational content - Educational or review content mentioning trademarks
By requiring specific identification of infringing ads rather than industry-wide restrictions, Google shifts more responsibility to trademark owners while providing clearer guidelines for legitimate advertisers. This approach aligns with broader trends in digital advertising toward more targeted enforcement and away from broad restrictions that can impact legitimate business activities.
Understanding these nuances helps advertisers develop compliant campaigns while protecting their own brand assets through proper brand strategy and trademark registration.
How Trademark Complaints Work Now
The Complaint Process for Brand Owners
Under the current policy framework, trademark holders who believe their marks are being infringed must follow a more active and specific process:
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Confirm infringement - Evaluate whether third-party use creates a likelihood of consumer confusion, dilutes the trademark, or damages the brand holder's reputation
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Gather evidence - Capture screenshots of the infringing content, URLs of specific ads, and documentation of how the trademark is being used inappropriately
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Contact the infringer - Many disputes can be resolved through a cease-and-desist letter or a request to remove the offending content
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File with Google - Submit a complaint through Google's Complaint Center, selecting "Trademark Infringement" as the type of complaint
The complaint should include all relevant information: your contact details, the specific trademark that has been infringed, the advertiser in question, the specific ads at issue, and evidence supporting your claim of infringement. Google will then review the complaint and take action if it determines trademark infringement has occurred.
Advertisers who have faced account suspensions or compliance issues should ensure they understand the complaint process to respond effectively.
Best Practices for Brand Protection
Monitoring for Trademark Infringement
With the shift to specific complaint requirements, brand owners must be more vigilant in monitoring for infringing content. Under the previous policy, a single complaint could restrict all unauthorized use across an industry. Now, trademark holders must actively identify each infringing ad or advertiser to prevent misuse of their marks.
Effective monitoring strategies include:
- Regular searches for your trademark terms on Google to identify ads using your brand names
- Setting up Google Alerts for your trademarks to receive notifications of new content
- Using professional brand monitoring services that track advertising platforms
- Regularly reviewing your competitors' advertising to identify potential infringement
When you identify potential infringement, document everything thoroughly before taking action. Capture screenshots with dates and URLs, record when you contacted the infringer and their response, and maintain a log of all complaints filed with Google.
Filing Effective Complaints
When filing trademark complaints with Google, specificity is essential:
- Identify the exact advertisers and ads at issue
- Include the advertiser's name or customer ID if known
- Document the exact manner in which your trademark is being misused
- Provide evidence supporting your claim of infringement
Registering Your Trademarks
Having registered trademarks in the countries where your goods or services are sold provides significant advantages in enforcement. Registered trademarks establish your exclusive rights to the mark and provide a clearer legal foundation for infringement claims. Consider registering your:
- Core brand names
- Key product names
- Important slogans
Register in all relevant markets to strengthen your enforcement position. For businesses developing their brand strategy, trademark protection should be a core component of the overall plan.
Best Practices for Advertiser Compliance
Using Competitor Brand Terms
The updated policy provides more flexibility for advertisers who want to use competitor brand terms in their campaigns:
- Target keywords that include competitor brand names
- Your ad creative must not imply an endorsement or affiliation
- Clear comparative messaging that identifies your own brand is appropriate
- Never use competitor trademarks in headlines or display URLs
Avoiding Common Compliance Pitfalls
Common mistakes that lead to trademark issues:
- Using competitor trademarks in ad headlines, descriptions, or display URLs
- Creating ads that could confuse consumers about the source
- Using ad extensions that automatically include trademarked terms
- Landing pages that use trademarks belonging to others
Building a Compliant Strategy
- Factor trademark considerations into keyword research
- Develop clear guidelines for advertising creative
- Establish review processes that flag potential trademark issues
- Train your team on appropriate use of third-party marks
Regular review of your active ads for potential trademark issues, monitoring of any complaints received from Google or third parties, and updates to your creative guidelines as policies evolve will keep your campaigns compliant and performing optimally.
For a broader understanding of paid advertising compliance across platforms, explore our LinkedIn Ads guide to understand how different platforms approach trademark and compliance policies.
FAQ: Google Ads Trademark Policy
Key Takeaways
The July 2023 trademark policy change shifted responsibility for brand protection toward trademark owners while providing more flexibility for advertisers. Brand owners must now actively monitor for and report specific instances of infringement rather than relying on blanket restrictions. Advertisers have more freedom to use trademark terms as keywords but must ensure their ad creative does not create consumer confusion or imply unauthorized relationships.
For data-driven paid advertising campaigns, understanding these nuances helps you make informed decisions about keyword strategy, creative development, and compliance. Whether you're protecting your own brand or ensuring your advertising practices are appropriate, the key is specificity and documentation.
Remember: Know what trademarks you're using, why you're using them, and how your use differs from potentially infringing uses.
Explore our comprehensive guide to paid advertising services to learn more about building compliant, high-performing campaigns that drive results.
Sources
- Search Engine Land: Google Ads is changing how it processes trademark complaints - Primary source for policy announcement details and timeline
- Holland & Knight: Google Announces Changes to Google Ads Trademark Policy - Legal analysis and guidance on trademark protection
- StubGroup: Google Ads New Trademark Policy - PPC agency perspective on advertiser compliance
- Google Ads Advertising Policies Help - Official Google policy documentation