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Wednesday, April 9, 2008

Protecting Trademarks in Google


Google has recently expanded bidding options on trademarked keywords.

Google has determined that advertiser demand and revenue gains derived by allowing keyword sponsors to bid and advertise on trademark protected brand name is an enormous market, a profit opportunity too large to ignore. Google has also decided that they are ultimately in control of Google search results pages and as the rulers of their enterprise they do not need to abide by any established laws and can ignore any tradeamrk protections virtually providing a web free for all that spits in the face of any established trademark laws.

A significant number of searches include brand names. Google previously excluded these, for the most part, from open bidding. Brand name search generally connotes purchase intent. That makes them particularly valuable searches.

Determining the exact amount of revenue involved is difficult, analysts project that a sizable portion of Google's 150,000 plus advertisers could expand a few more trademark keywords onto bulk keyword lists. Google, like any business, must first look to its current customers for growth and has decided that trademark holders be required to spend additional and unique dollars exclusively to further protect the very trademark that corporations have legally established.

Trademark Search is an opportunity for new revenue generation for Google. Google knows that searching for tradmark names is very popular and the volume of searches for trademark names is huge. Google has decided to earn new dollars and profit by allowing anyone to advertise on trademark protected keywords.

The new policy is a revenue win for Google and a loss to everyone else. Allowing non trademark holding third party sponsors to advertise on trademark protected keywords provides no value to consumers worldwide. The potential for marketplace confusion regarding trademark protected brands is huge. Trademark holders will be forced to substantially increase advertsing expenditures in further efforts to protect their trademarks yet when consumers use Google all protection goes away and the trademark holder just becomes one sponsored link on a crowded results page loaded with revenue generating links for Google.

Google's opening up trademarked keywords for bidding is one more piece of power shifted away from corporations and toward consumers. I imagine corporations will waste little time heading to court to protect their property. In the long run, I doubt the corporations will come out on top.

Trademark Economics

Let's first look at why Google wants to do this. Mainly, it's opening up a potentially enormous market for itself, of course. A significant number of searches include brand names. Google previously excluded these, for the most part, from open bidding. Brand name search generally connotes purchase intent (according to who?). Brand Name searches are popular making them valuable searches. Allowing anyone in the world to sponsor and advertise on Trademark keywords is senseless.

What Corporations Now Must Do To Protect Their Trademark On Google

Brand owners must find ways to increase the advertsing expenditures on Google, particularly in areas such as search.

The Internet has increased the volume of competitive threats on protected trademarks as the cost to infringe on a trademark via a website is as low as $100 dollars annually. That makes this open policy by Google so embarrassingly greed driven as looking the other way and taking no action

Google's policy to look the other way runs a risk of polluting the Google results pages and delivers flea market results to trademark keyword searchers.

How Can Trademark Holders Protect Their Brand in Google?

Open a Google AdWords account and Sponsor your Trademark name.

Avoid using paid search listings exclusively, at some point any company worth their salt needs to apply proven organic search engine optimization best practices. Regardless of what's going on in the paid listings, try to hire a natural seo specialist that can ensure your corporate site is listed at the top of the natural search results.