Protecting a trademark online requires more than just registration: it requires monitoring, a timely response, and an appropriate legal strategy.
In today’s environment, where competition for customers takes place primarily through the internet and social media, the tools provided by Google—such as Google Ads—have become a cornerstone of business strategies and sales.
Thus, through paid search systems based on keywords, companies seek to appear among the top results when a user performs a search related to their products, services, or even their own brand.
However, alongside the growth of these tools, certain practices have also become established that, while common, are not without risks. One such practice is the use of third-party trademarks as keywords in advertising campaigns.
In this regard, it is increasingly common to see third parties using their competitors’ trademarks—especially those of industry or sector leaders—directly within website content, such as headings, page titles, descriptions, and other elements.
These practices seek to capitalize on the positioning and recognition of these brands in search engines, allowing third parties to attract a specific customer base. While this is not always paid advertising, its effects can be just as significant, in that it diverts customers, causes confusion among consumers, and constitutes an improper exploitation of another party’s reputation.
How does Google work in these cases?
The platform only allows you to report trademark misuse when the trademark appears within a paid ad—that is, in results that Google displays as advertisements and that are typically labeled “Ad” or “Sponsored.”
In these cases, if the trademark is used in the title, text, or other visible elements of the ad, Google can intervene and, if necessary, require its removal or suspend the campaign.
The situation is different when the trademark is used in the content of a third-party website—for example, in the page title, header, description, or URL—or solely as a keyword to trigger ads without actually appearing in the ad itself.
Since this involves content from an external site or internal use of the platform, Google does not accept complaints; therefore, any action must be directed specifically against the infringer, either through a cease-and-desist letter or, if applicable, through legal action for trademark infringement and unfair competition.
Ultimately, the ability to use Google’s tools does not depend on the existence of an infringement, but rather on how the trademark is being used. Even in cases where Google can intervene, it is usually advisable to supplement that process by contacting the infringer directly to achieve a faster resolution and prevent further infringements.
Having made this distinction, we can analyze how this plays out in practice and what its effects are on the market. Thus, a company may not realize that its trademark is being used by a competitor until, upon conducting a direct search on Google, it observes that the top results are sponsored ads from third parties.
Based on the above, two situations can arise: first, the third party may be using the brand as a keyword in paid advertising campaigns, or the brand may be incorporated directly into the content of the competitor’s website.
Consequently, when a consumer searches for a specific brand and sees ads or results from competitors, it is very easy for confusion to arise as to whether there is some kind of relationship, authorization, or connection between the companies, when in reality there is none.
What can companies do about these uses?
From a legal standpoint, the way the trademark is used is key. When the mark appears prominently—whether in ads, headers, or website content—this constitutes trademark infringement.
On the other hand, if it is used solely as a keyword to trigger advertising, the analysis is more nuanced, but it can still raise concerns from the perspective of unfair competition, especially if the intent is to attract consumers by taking advantage of a third party’s search ranking.
Given that these types of practices are becoming increasingly common—especially in markets where digital visibility is a competitive factor—it is advisable for companies to periodically monitor the use of their trademarks online.
A simple review of search results can help detect potentially infringing ads or content early on and assess whether action should be taken.
In many cases, early intervention is sufficient to resolve the situation. Sending a properly substantiated warning letter or cease-and-desist letter is often an effective tool for putting an end to the conduct without having to resort to legal action. Such actions not only allow a company to demand that the conduct cease but also serve to formally document the infringement and warn of the legal consequences of continuing it.
However, when the conduct persists or is of a more serious nature, the legal system provides for more stringent measures. Lawsuits for trademark infringement and unfair competition allow not only for the permanent cessation of the unauthorized use but also for the recovery of damages for the harm caused.
Ultimately, protecting a trademark in the digital environment goes beyond simply registering it. Today, it also involves active management, constant monitoring, and the ability to respond promptly to unauthorized use. In a landscape where online visibility is crucial, allowing third parties to use a trademark to attract customers can have significant consequences, both commercially and in terms of reputation.
Understanding these risks and taking timely action not only protects an essential company asset but also strengthens its market position. In this area, specialized advice is essential for properly evaluating each case and determining the best way to address such situations, whether through early-stage solutions or, when appropriate, by taking legal action.
For more information on these topics, please contact our team:
Eugenio Gormáz | Partner | egormaz@az.cl
Carlos Lazcano | Senior Associate | clazcano@az.cl
Fernanda Rodríguez | Associate | frodriguez@az.cl
Esteban Orhanovic | Associate | eorhanovic@az.cl
Matías Selamé | Associate | matiasselame@az.cl
Be part of our multimedia platform and you can receive the latest legal news, events, podcazt and webinars.
