For Pay-Per-Click (PPC) campaigns, you never want to put you or your business at risk. This is why we all need to understand how trademarks in PPC work, both legally and
Let’s probe the world of trademarks in PPC and unlock the power they hold for your business’s online presence.
Trademark Basics
What is a Trademark?
Let’s start with the very basics: What is a trademark anyway?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others.
It could be a brand name, or a specific symbol that represents the brand. Think “Nike” and the flying checkmark logo that everyone knows is their mark.
Now that you understand the general definition, let’s get more specific.
Types of Trademarks
Are you aware of what the various types of trademarks even are? You’ll want to understand this part from the start.
Trademarks can be categorized into five main types: generic marks, descriptive marks, suggestive marks, arbitrary marks, and fanciful marks.
Here are some descriptions of what these terms represent:
| Generic Marks | Common terms that refer to the actual product or service |
| Descriptive Marks | Describe a characteristic or quality of a product or service |
| Suggestive Marks | Suggest qualities or characteristics of a product or service without directly describing them |
| Arbitrary Marks | Common words used in an unfamiliar or unrelated context |
| Fanciful Marks | Created solely for the purpose of being a trademark |
If you want to run a successful PPC campaign, you will have to steer clear of infringing on these registered trademark types.
Trademarks in PPC: The Ins and Outs
How Trademarks Affect PPC Advertising
It might be easy for you to presume that trademarks are a nonissue for Pay Per Click. That’s what the branding, legal, and PR teams deal with, right?
Wrong. You simply can’t use other trademarks without concern.
Not only could it cause problems for you legally.
It could also impact your ability to get ad texts approved to go live. Or it could crater your quality scores.
In the worst case, it could get your PPC account shut down altogether.
Common Trademark Issues in PPC
The misuse of trademarks in PPC ads can lead to legal complications. But that’s not the only risk – you could also lose your ad privileges. Or your brand reputation could be tarnished.
Neither of these side effects would be good for your business and its success.
So aside from legal concerns, you will be putting your marketing effectiveness as a whole at risk.
I can’t stress enough how bad the negative consequences could be.
Let’s spend a little time digging into the specifics of how you might violate a trademark using PPC campaigns now.
Trademarks in PPC: Are You Infringing On Any?
What Constitutes Trademark Infringement?
Even in the fast-paced world of PPC advertising, there are rules to follow.
You can’t just use trademarked terms anywhere you like.
My advice: When in doubt, leave it out.
Examples of Trademark Infringement in PPC
What actions might actually infringe on a trademark?
The most common example is when companies bid on competitor company or product names.
As it turns out, bidding on the term itself is not a problem. However, any use of the trademark in ad text or on a landing page without permission could be risky.
These actions can mislead consumers and divert traffic that rightfully belongs to the trademark owner.
What may seem like a shortcut to driving traffic to your site can result in serious consequences.
Consequences of Trademark Infringement
For those caught infringing on trademarks in PPC advertising, the consequences can be severe.
Legal action, cease and desist orders, and even removal from advertising platforms are all possible outcomes of violating trademark laws.
For instance, Google Ads has strict policies against trademark infringement and actively monitors ads to ensure compliance.
Violators risk having their ads disapproved or accounts suspended, leading to a loss of visibility and potential revenue.
Avoiding Issues with Trademarks in PPC
Conduct Trademark Research
If you’re unaware of any trademark, how can you avoid trademark issues?
Start the process by determine exactly which trademarks might end up in a PPC campaign.
You’ll need to figure out industry competitors, complementary businesses to them, and partner names, to start.
Be 100% sure you have your arms around which trademarks are relevant before you launch a single PPC campaign.
Use Trademark-Safe Keywords
Keywords are the backbone of any PPC campaign. If you want to avoid trademark issues in PPC, you’ll have to choose trademark-safe keywords.
Stick to generic terms or focus on product categories rather than specific brands.
Consider the intent behind the keywords and ensure they are directly related to your products or services without causing confusion with established brands.
Create Trademark-Compliant Ad Copy
In order to create trademark-compliant ad copy, avoid direct references to trademarked terms or brands.
Instead, highlight the unique selling points of your products or services without infringing on anyone’s intellectual property rights.
Trademark compliance in PPC advertising can be complex.
With careful research, keyword selection, and ad copy creation, you will be able navigate these challenges successfully.
Dealing with Trademark Disputes
Receiving a Trademark Complaint
Trademark disputes can catch you off guard. But they don’t have to be traumatic.
Keep calm, and carefully review the complaint to understand the specific issues raised. Sometimes these things come down to a simple, easily-fixable misunderstanding.
Responding to a Trademark Complaint
When responding to a trademark complaint, you will need to handle the situation with care.
Address the concerns promptly and professionally, seeking legal advice if necessary.
Craft a well-reasoned response focusing on your position and any valid defenses you may have.
Take the time to gather all relevant information and present a thorough and thoughtful reply.
Aim to demonstrate your understanding of trademark laws and your commitment to resolving the matter amicably.
Resolving Trademark Disputes
If you should happen to receive a trademark dispute, you may find yourself stressing out.
Don’t despair – you just need to be strategic in how you approach the process.
Work towards a resolution by exploring negotiation options, seeking mediation, or involving legal counsel if needed.
Keep communication open and professional, and you should be able to reach agreement before too long.
Many trademark disputes are resolved amicably. This is what you want, and the best way for you to achieve it is by taking on a proactive and cooperative mindset.
Best Practices for Trademark Compliance
Establish a Trademark Policy
As you’ll quickly learn, compliance is not optional when it comes to trademarks.
You need a rock solid trademark policy in your organization.
This is the best way to be sure everyone understands:
- How important it is to toe the line with trademark rules
- Precisely what behaviors to avoid that will allow you to remain compliant
But even with the best policy you can generate, you still need to be sure your team knows what to do with it.
This is where the next step comes in…
Train Your PPC Team
Your PPC team should be well-versed in trademark laws and best practices.
Provide regular training sessions on trademark compliance. This will help them avoid any unintentional violations that could result in legal consequences.
What does training them about trademark compliance entail? Here are the big areas you’ll need to address:
- Educating them on the importance of conducting proper research before bidding on keywords
- Helping them understand the difference between trademark infringement and fair use
- Encouraging them to stay informed about any updates in trademark laws that could impact your advertising strategies
Ongoing Trademark Monitoring
Your team will need to monitor PPC campaigns for any potential trademark issues. This includes accidental use of a trademark or brand.
We ran into this when advertising for a cloud services client, only to learn that “Cloud Solutions” is the trademarked name of a company.
The team will also need to be aware of new trademarks, while watching competitors to see if they are staying within the lines.
And of course, laws change frequently, so the group will need to stay on top of any new regulatory laws that may impact your campaigns.
Bottom Line: Get educated and stay proactive. This is the only way to reduce legal rish and protect your brand reputation.
Conclusion: By Careful With Trademarks in PPC
As you can surely see by this point, you need to be very informed about trademark rules and regulations to run PPC campaigns.
Never infringe on a trademark. Always keep guidelines in mind. These are steps along the way to avoiding legal entanglements as you grow your online presence.
When in doubt, bring in an expert to help you navigate the waters better. A PPC pro should know enough to keep you safe, so you never have to bring in a lawyer to defend yourself or clear up misunderstandings around trademarks.
Tommy Landry
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