Help Handling Trademark Complaint in GSC?

Handling Trademark Complaints in Google Search Console: Best Practices for Advertisers

Navigating trademark infringement claims can be challenging for digital marketers and advertisers. Recently, a business owner reached out for guidance after receiving a trademark complaint through Google Search Console. The complaint alleged misuse of a trademark within their Google Ads campaigns. This article explores the key considerations and recommended steps for responding effectively to such complaints while minimizing risk to your advertising efforts and legal standing.

Understanding the Context of the Complaint

In the scenario described, the advertiser clarified that they do not explicitly incorporate competitor brand names in their ad headlines or descriptions. However, their campaigns target these competitor brand keywords, which can cause their ads to appear in relevant search results. Additionally, the use of dynamic keyword insertion (DKI) means that search terms matching competitor brand keywords may appear in the ad copy dynamically, potentially triggering the complaint. Furthermore, organizational elements such as ad group names and URL parameters include competitor brand names for tracking purposes.

Key Considerations

1. Trademark Use in Advertising

Google’s advertising policies prohibit the use of trademarks in ad copy unless authorized by the trademark owner or covered under certain exceptions. While targeting competitor brand keywords is permissible, directly including these trademarks in ad text may violate policies or infringe on trademark rights.

1. Dynamic Keyword Insertion Risks

Using DKI introduces variability in ad content, which can result in displaying competitor trademarks if the user searches for those terms. This increases the likelihood of receiving claims, especially if the displayed ad content suggests brand association or endorsement.

1. Ad Group and URL Parameter Naming

Including competitor brand names in ad group names or URL parameters is generally used for organizational or tracking purposes. However, this level of intrusion may be perceived as implying affiliation, especially if visible in ad URLs or landing pages.

Recommended Response Strategies

1. Review and Adjust Ad Content

2. Ensure that ad copy does not include competitor trademarks unless you have obtained explicit permission.

3. Consider editing ad text to focus on your own brand’s value propositions without referencing competitors directly.

4. Combatting Trademark Claims with Proper Use

5. If you believe your use of trademarks is within fair use or legal boundaries, prepare documentation and a clear explanation to submit to Google via the appeal process.

6. Maintain evidence showing your compliance with advertising policies and trademark law.

7. Update Campaign Settings

8. If dynamic insertion results in displaying trademarks, consider limiting DKI or implementing negative keywords to prevent undesirable triggers.

9. Evaluate if including competitor names in URL parameters or ad group names