Your competitor just plastered your brand name all over their Google Ads. You worked for years building that name, and now they’re stealing your traffic with a few clicks. Maddening, right?
We’ve seen this scenario drain real money from good companies. Here’s what Google actually allows, what they don’t, and exactly how to stop trademark thieves — including when to send that lawyer letter.
Google’s Trademark Rules
Google treats trademark usage in ads like a split personality:
Keywords: “Use Whatever You Want”
When it comes to bidding on search terms, Google lets competitors target your brand name freely in most countries. Type “Nike shoes” into Google, and Adidas can pay to show up first. Frustrating but perfectly allowed.
One friend of ours discovered that their biggest rival was outbidding them on their own name, showing up above them in search results for their trademarked brand. This is completely legal in Google’s eyes.
Ad Text: “Hands Off Other People’s Trademarks”
However, when it comes to the actual words in advertisements, the rules change dramatically.
Google generally forbids using someone else’s trademark in your ad text. That competitor can bid on your name, but they can’t say “Better than [Your Brand]” or “Cheaper Alternative to [Your Brand]” in their ad copy.
Google normally bans using trademarks (brand names) in ad text unless you own the trademark or have permission, but there are a few exceptions:
- Resellers: You can use a trademark like “Adidas” in your ad if you’re selling genuine Adidas products and your site focuses on that.
- Informational Use: If your ad links to a site with information about a trademark, such as a guide on “iPhone” features, you can use the name as long as it is not misleading.
- Everyday Meaning: If a trademark has a common meaning (e.g., “apple” as fruit, not the company), you can use it that way.
- Authorized: If the trademark owner says you can use it, you’re fine — just show Google the proof.
Your Trademark Defense Plan
Found someone using your trademark in their ads? Consider doing the following:
Step 1: Document Everything
Before doing anything else, collect solid evidence:
- Take video screen recordings (not just screenshots) of searches showing the offending ads
- Save the ad URLs and landing pages (they might change them later)
- Check from different devices and locations (ads vary by geography)
- Note the exact dates and times
This documentation will matter whether you’re talking to Google or lawyers later.
Step 2: Verify Ownership
Before taking action, confirm what you legally own:
- Check your trademark registration documents
- Verify which classes your marks are protected in
- Confirm you haven’t allowed your trademark to become generic
- Identify any licensing agreements that might affect enforcement
A quick call with your trademark attorney will save you from embarrassing missteps. Once you’re certain about your rights, move forward with both tracks at once:
Step 3: Two-Track Your Response
Track One: File a Google Complaint
Google’s complaint system can work very well:
- Find the Trademark Complaint Form (bookmark it; you might need it again)
- Include your trademark registration numbers and proof
- Point to specific ads that break the rules
- Keep language simple and factual
Track Two: Send That Lawyer Letter
While Google works on your complaint, put direct pressure on the advertiser:
- Have a real attorney write the letter
- Include screenshots and specific examples
- Set a short deadline
- Outline exactly what they need to remove
- Mention potential financial damages
A legal threat sometimes works faster than Google’s process because the advertiser realizes they’re personally exposed to liability.
Need help with a cease and desist letter? If you don’t have an attorney on retainer, we can connect you with licensed attorneys who can draft professional cease and desist letters for trademark infringement at flat-rate pricing — much more affordable than traditional hourly legal fees.
Step 4: When Basic Steps Fail
If they ignore both Google and your lawyer:
- Consider a preliminary injunction (court-ordered emergency stop)
- File a trademark infringement lawsuit (the expensive option)
- Find Google’s escalation path (major brands have special channels)
Just know that full trademark litigation can be quite costly, so try to exhaust all other options first.
Build Your Trademark Shield
Don’t just play defense. Make trademark protection part of your regular business:
Register Everything Important
This sounds obvious, but many businesses skip it. Register your brand names properly:
- Include common misspellings and variations (like singular/plural forms)
- Cover your main business countries through proper international filings
- Document first-use dates with screenshots and records
- Consider registering logos and slogans separately from your company name
- Pay attention to renewal deadlines (USPTO registrations must be renewed between the 5th and 6th year, then every 10 years)
The $350–$750 USPTO registration fee per trademark class is nothing compared to what you’ll lose to trademark thieves. Remember that registration can give you access to statutory damages and attorney’s fees in infringement cases, which dramatically increases your leverage.
Set Up Regular Monitoring
Catching problems early saves money and establishes a pattern of enforcement:
- Use specialized trademark monitoring tools like TrademarkEngine or MarkMonitor
- Set up competitive ad tracking with SEMrush or Adthena to receive alerts when competitors mention your brand
- Run weekly manual searches for your brand from different locations and devices (results vary based on geography and search history)
- Create Google Alerts for your brand terms and common misspellings
- Monitor Google Shopping listings where trademark violations are often overlooked
Implementing even basic monitoring can catch violations months before they cause serious damage. One hourly sweep can save thousands in legal fees and lost customers.
Authorize Approved Partners
Google provides an official process for telling them which companies can use your trademark:
- Complete Google’s official “Multiple party authorization” form listing approved partners
- Specify exactly which trademarks each partner can use and under what conditions
- Update your authorization list quarterly as business relationships change
- Consider creating brand usage guidelines for partners
- Conduct periodic reviews of authorized partner ads to ensure compliance with your standards
This preventive measure keeps legitimate partners advertising while making it easier to identify and address unauthorized usage.
Create a Fast Response System
When violations happen, speed matters:
- Build a small response team with representatives from marketing, legal, and executive leadership
- Create pre-approved cease and desist letter templates your legal team can quickly customize
- Establish clear escalation criteria (when to send a letter, when to contact Google, when to file suit)
- Set spending thresholds for legal action pre-approved by leadership
- Track all violations in a centralized database to establish patterns
- Document the outcome of each enforcement action
Each successful enforcement strengthens your position for future cases.
Consider Strategic Countermeasures
Sometimes protection isn’t enough — you need offense:
- Bid on your own branded keywords (yes, even though you rank organically)
- Target competitors bidding on your terms with specific messaging highlighting authenticity
- Create dedicated landing pages for brand-protection campaigns that emphasize your official status
- Increase brand term spending during heavy competitor attack periods
- Consider defensive registrations of similar terms customers might search
- Monitor conversion rates closely to measure the ROI of brand protection campaigns
Train Your Team to Spot Problems
Your best monitoring system is people who care:
- Train customer service to recognize when customers mention seeing “your ad” that isn’t yours
- Make sure your marketing agency understands trademark boundaries
- Educate sales teams to report competitor trademark abuse they hear about from customers
- Rotate monitoring duty among team members to prevent monotony
- Create a simple reporting process for employees to flag potential violations
Internal reporting often catches violations before automated systems, especially in niche markets or regional advertising.
Protecting What’s Yours
Companies that actively defend their trademarks keep more customers. Those who ignore trademark abuse lose market share steadily.
A professionally written cease and desist letter costs far less than the customers you lose to trademark hijackers. We make it easy to get affordable legal help from licensed attorneys who specialize in cease and desist letters. Don’t wait for a crisis to start protecting your brand.
Note: While this article provides practical guidance, trademark laws differ by country. Work with a qualified attorney who is familiar with your specific situation.