That has all changed. And that is great news for many e-commerce sites that sell branded items. If you are a reseller of goods that have a trademarked brand and if your landing pages give significant focus to the trademarked term, then most Google AdWords ads within the United States will now be approved to run on Google. Also, make sure the trademarked term is used in a text format on your website, as opposed to only flash, so Google can recognize the use of the trademarked term on your page.

The approval process for ads the contain trademarked terms is a separate process at Google AdWords. The ads are first approved to run for all other Google policies, and then they are checked so the use of the trademark and the landing page are in alignment with Google’s new trademark policy guidelines. This approval process may take a bit longer than the normal time you may have seen in the past for non-trademarked ads, so you will need to give Google AdWords ads containing trademarks a bit more time to show up on Google.

Also, you might notice that these trademark ads may show a status of “approved-limited.” This means that Google recognizes that the ad contains a trademarked term and that the advertiser was not given direct permission from the owner of the trademark to actually use it in Google pay per click ad copy. This does NOT mean that the ad will only show for a limited time or in limited regions, but it does mean that Google will check this ad continually to make sure it aligns with the new trademark policy. The content of your landing page will be constantly assessed by Google to make sure the trademark is still featured prominently, so be careful of any changes you make to your landing pages, especially after your trademark ads have been approved and are receiving click traffic.

This change is a real plus for anyone doing PPC management because we all know that if someone is searching for branded items, it certainly is nice to have that trademarked brand name in your ad. If I’m looking for Lexmark ink, I’m certainly more inclined to click an ad that has the Lexmark trademarked term in the ad, than on a generic ad that does not.

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This is especially silly, since any experienced pay-per-click (PPC) advertising manager knows that using the keyword that someone searches on in your ad helps increase CTR. I’ve never understood the fact that a company will allow someone to sell their product, but not allow them to use the product’s name to advertise it, but it happens all the time.

Under the existing Google Trademark Policy, you can contact the BrandX company and get written approval to use the trademark in your ad. But a lot of times it’s a time-consuming process – Google requires very specific language sent in an email to their trademark policy department, you can’t just use a blanket letter from the company or verbal permission. With some companies it was ridiculous in how long it took to get the required email. The bigger the company, the longer it seemed to take. I had one client that it took a month-and-a-half to get approved by legal – a four-line sentence took three lawyers and a month-and-a-half of time.

So I’m very glad to see Google has revisited their trademark policy, and the new policy seems pretty reasonable. There’s some pretty specific guidelines for the trademark use because we wouldn’t want anyone to be able to use any trademark as they saw fit. Here’s the new Google Trademark Policy, in a nut shell:

1. You can use a trademarked term at Google AdWords if you use it in a generic or descriptive way and not in reference to that specific trademark. I’m thinking Kleenex instead of tissue.

2. You can use the trademarked term at Google AdWords if you are a reseller of the trademarked product and your landing page and website clearly demonstrate that you can purchase that trademarked product. Since you are a reseller of BrandX cameras, you could now say that in your ad.

3. You can use the trademarked term at Google AdWords if you are a seller of replacement parts, components or compatible products and your landing page and website clearly demonstrate that you can purchase the trademarked product. If you sold camera bags and lens that were compatible with BrandX cameras, you could say so.

4. You can use the trademarked term at Google AdWords if your site is for “non-competitive and informative details”. The “advertiser may not sell or facilitate the sale” of a competing product of the trademarked term. Basically, you can’t advertise on BrandX, take them to an “informational” site that sings the praises of BrandY versus BrandX and then try to sell them on BrandY.

Some other things to keep in mind. This new trademark policy is for US ads served on Google.com, and US users for Search and Content networks. Google started accepting new ads with trademarked terms on Friday, May 15th, but will not begin running them until June 15th. If you currently have ads with trademarked terms that are disapproved, you’ll need to resubmit them.

I’m really pleased with this new change to the Google AdWords Trademark Policy. I think Google did a fine job of improving the results a search user gets, while still respecting the rights of the trademark owners. We’ll see how it plays out, but I think it will benefit everyone involved.

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