We invite you to read the opinion column by our partner Eugenio Gormáz on the misuse of keywords and the importance of trademark protection in the digital age.
In today’s digital landscape, it is increasingly common for competitors to include the trade name or trademark of a company or individual as a “keyword” in Google Ads campaigns, the most widely used digital advertising platform worldwide. This system is based on keywords: phrases that users type into the search engine to find a product, service, or company. Companies pay so that, when those words are entered, their ads appear at the top of the results.
The conflict arises when one of those keywords corresponds to the name of a registered trademark. In this scenario, when a user searches for a well-known brand and the top results display competitors’ ads, there is a real risk of confusion: the consumer might believe there is a commercial link, sponsorship, or even that they can purchase the original products on the advertiser’s site. What, on the surface, appears to be a digital marketing strategy can turn into an act of trademark infringement or unfair competition.
Each case must be analyzed individually. If the competitor’s trademark appears directly in the title or headline of the ad, there is a clear infringement: a protected sign is being used exclusively without the owner’s authorization. In this context, the Industrial Property Law provides legal tools to demand the immediate cessation of the misuse, in addition to civil actions for infringement and potential damages.
When the trademark is not displayed in the ad but is used as a paid keyword—resulting in a “sponsored” listing—the situation becomes more complex. In this case, the mark is not visible to the consumer, so the trademark infringement loses legal weight. However, if the advertiser’s objective was to mislead or divert customers away from the original owner, it could still constitute an act of unfair competition.
In the face of such practices, the trademark owner must act quickly. The first step is usually a cease-and-desist letter to the infringer, notifying them that their conduct constitutes an infringement. If there is no response, legal action should be considered to stop the misuse.
Similarly, companies running digital campaigns must be extremely careful when selecting keywords. Incorporating third-party trademarks can result in financial penalties and, above all, reputational damage that is difficult to reverse.
It is essential to understand that detecting these practices no longer relies solely on random manual searches. The use of tools such as Google’s Ad Transparency Center and specialized keywordaudits now allows trademark owners to identify infringements that, although “invisible” to the average user, are systematically diverting traffic.
Robust technical monitoring is the first step toward activating the protections of Law 19.039 and Law 20.169, transforming trademark surveillance into an active defense of digital reputation.
Therefore, the recommendation is twofold: on the one hand, do not use third-party trademarks as keywords, and on the other, maintain active monitoring of your own digital presence. Having trademarks registered, renewed, and monitored is essential to protecting intangible assets in an increasingly competitive environment.
Column written by:
Eugenio Gormáz | Partner | egormaz@az.cl
Media appearances:
