Google has relaxed its trademark policy for its AdWords service in Europe, allowing the purchase of search keywords that include trademarked brand names. Under the Adwords system, advertisers pay Google so that their ads are displayed alongisde search results when users type in certain keywords. The company had previously been under pressure to allow only the trademark holder to use the names for keyword searches. Companies such as luxury goods group LVMH alleged that allowing third parties to use the names led to ads for counterfeit goods appearing on Google. The change in policy follows a ruling by the European Court of Justice in March that found Google had not infringed trademark law by allowing advertisers to bid for keywords corresponding to trademarks other than their own. Starting 14 September, Google will no longer restrict third-party access to keywords containing trademarked names. Advertisers will be able to complain about the selection of their trademark by a third party if they feel that it leads to a specific ad text which confuses users about the origin of the advertised goods and services. Google will then conduct a limited investigation and if it finds that the ad text does confuse users as to the origin of the advertised goods and services, it will remove the ad. In addition, Google will allow from the same date third parties in the UK, Ireland and Canada to use trademarked names in their ads, even if they don't own that trademark or have explicit approval from the trademark owner to use it. This applies to advertisers such as resellers, sellers of component, replacement or compatible parts corresponding to the trademark and informational sites.
