Intellectual property · Legal information

What Happens If a Trademark Is Used in a Google Advertisement?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a trademark is used in a Google advertisement, the visible text does not stand in for a fight over the domain name. The right holder looks at whether the trademark appears in the advertisement text, at whom the page that opens on a click belongs to, and at whether the class on the register covers these goods. A keyword and the visible text are not the same record. The platform's own rule does not of itself pass into the place of a court decision.

The visible text and the internal match

The match inside the advertising account is not always visible from outside. What is visible is the heading, the description, and the address line in the search result. A screenshot becomes a document if it carries those three and the date. If the page that opens on a click presents the competitor's own goods with your sign, the text and the page are read together. If the competitor wrote only his own name and matched your word internally, that is separated from using the trademark in the text. The distinction is made from the record that was obtained. A guess is not enough. While there is no screen, what was written in the account is not completed from here.

A clash between the domain name and the trademark is a separate record. An advertisement for a counterfeit product on a social platform is not a copy of this box either. An account imitating you is not another name for a search advertisement. The three records may stand side by side. The three are not memorised into a single petition. The petition recounts the screen in hand and the page that opened. The petition does not of itself prove a keyword that was not visible.

The register, the class, and the application

The register shows for which goods and services the trademark is registered. If the advertisement describes different goods, it is not memorised either as outside the class or as always free. A decision is made if the scope of the register and the advertisement text stand side by side. A sign at the application stage and a registered sign are not melted into the same sentence. While there is no registration certificate, the search screen does not on its own announce infringement. If the word also has a meaning in ordinary language, that meaning is read separately from use as a trademark. The expansion of a well-known trademark is a separate article. Here, which word an advertisement box carries is separated.

How compensation is discussed is built separately if the earlier display still stands. That the advertisement came down does not write that the earlier display never happened. No rate or amount is written here. An invoice may show the cost of the advertisement. An invoice does not stand in for a finding of infringement. Service shows which text a writing that went to the platform, or to the competitor, concerns. While there is no service, a period is not completed from here as a number of days. If the minutes write the moment the screen was taken, they are placed beside the image.

The query in which the advertisement appeared and the word in the advertisement text may not be the same. If there is no query record, the query is not completed from here. If the trademark is not in the heading and it is in the description, the description is text as well. The site on the address line may not be the same as the page that opened. The difference is seen by placing the two records side by side. The competitor writing his own trademark in the heading does not, on its own, prove the claim that he matched your word internally. That claim is read from the account record if the account record is there. A finding of infringement is not made while there is no account record. If the number of displays is not in the file, a number is not written from here. The date of the screen does not stand in for the registration date on the register. The two dates are separate lines. The platform stopping the advertisement does not write that the earlier display never happened. A stop notice does not of itself pass into the place of a court decision. The dictionary meaning of the word does not, on its own, end the claim that it was not used as a trademark.

The Çankaya address does not choose the advertisement text

An Ankara lawyer who is asked about the advertisement box does not change the competent authority from the address of the office in Çankaya. The name of the district is not written in place of the place where the advertisement was shown, or of the address on the register. The competent place is read from the dispute's own rule. The door of the office does not turn a keyword into a finding of infringement.

How it is read from the advertisement text

If the screen, the page that opened, and the register are there, the file is read from there. A keyword is not treated as a finding of infringement in every file. The domain name is not written in the place of the advertisement box either.

Conclusion

In a search advertisement, the place that is looked at is the visible text, the page that opens, and the scope of the register. The domain name is in the article a domain-name dispute. The discussion of compensation is in the article trademark infringement. Counterfeiting on a social platform is under a social advertisement, and the expansion of reputation is under a well-known trademark. The frame is on the intellectual property page. The official basis is the Industrial Property Law No. 6769.

Legislation

Frequently asked questions

If a competitor made our trademark a keyword, is that infringement?

The word standing in the advertising account, and the word appearing in the advertisement text as a trademark, are not the same thing. A screenshot shows the text and the page that opens on a click, together.

Is our domain name also this article?

No. A clash between the domain name and the trademark is a separate article. This page reads the advertisement box in the search results.

If the advertisement comes down, does compensation end as well?

Its coming down does not write that the earlier display never happened. How compensation is discussed is a separate article. This page sets no rate.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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