The following is a brief introduction to the topic

Google is pervasive and has become a part of every aspect of modern life. It is now everywhere. Because of our growing dependence on the internet, Google is one of the most popular marketing companies. Google developed Google Ads as a platform for advertising to help merchants and businesses expand their customer base through targeted advertising.

Google’s search feature allows advertisers to bid on keywords so that short advertisements, service offerings, and product listings can be displayed to Internet users.

The user will then see advertising above their organic search results. “Ads” will be added to the search results titles to indicate that these are ads. This will happen after the user has completed their search. Advertising can reach many different types of customers with the above feature.

What are keywords? How does Google Ads work?

Businesses use the most common method to increase their online presence, which is keyword advertising. This type of advertising uses keyword research and is done on search engines. Search portal users will use words, phrases, symbols, and numbers to search. Keywords are what we call them.

For example, if a company sells shoes, it will optimize its website so that people searching for terms such as “sneakers,” “women’s boots,” “running shoe,” and similar terms are directed to the website of that business. Keyword advertising allows marketers to target specific phrases or words that direct users to their product or service when they search for anything related to the keyword.

The program allows advertisers to bid on specific keywords entered by browser users. AdWords accounts enable advertisers to select keywords relevant to their brand, services, products, and industry.

The advertiser with the highest bid for the keyword entered by the user will be shown first in the list of ads. AdWords, a pay-per-click advertising program, is Google’s way of earning money when a user clicks an advertisement to visit an advertiser’s website.

When does a problem occur?

Due to the trademark owner’s greater control over the brand, a third party using the trademark to link to their website or sell their products and services could cause issues. A trademark infringement can occur when a third party uses a term already owned by another.

Trademark owners often complain that allowing competitors to use their trademark as a search term is unfair since this gives them an advantage over the trademark owner.

Google’s trademark policy in India

Google’s trademark policy

Google Ads will not be allowed to violate trademarks owned by third parties if they do not follow local trademark laws. Google says it will also follow all trademark laws in the world. Google will investigate if a trademark owner believes another person uses their mark without permission.

Google investigates these complaints and, if found to be valid, may restrict the use of the trademark. Conversely, Google only does a little beyond tracking and analyzing how trademarks are being used in text or URLs for ads. Google has a policy that allows trademarks to be used as keywords without restrictions or scrutiny.

Google will investigate if there is a trademark infringement complaint in the countries that are members of the European Union or the European Free Trade Association. They will check if the keyword and ad containing a trademark make it challenging to determine where the advertised products or services originate.

Google does not usually investigate trademark-infringement complaints. This is an exception. Google will limit the number of times people can combine a keyword with an ad if it thinks this creates a bad user experience. If Google does

Indian legal framework

Section 29 of the Indian Trademarks Act defines trademark infringement as a violation that occurs when someone, not a registered owner uses a trademark that is identical or misleadingly similar to the registered mark about goods or services the brand is written for.

Prior precedents

Consim Info Pvt Ltd v. Google India Pvt. Ltd. & Ors., 2013(54)PTC578(Mad).

Consim Info Pvt. Ltd., trademark infringement through keyword advertising, was examined for the first time in India. In the case of Consim Info Pvt.

In this case, the Appellant is a well-known online marriage service provider. He has registered a variety of trademarks, including Bharatmatrimony and Tamil matrimony.

The Appellant then requested that Respondents not be allowed to use these trademarks or their variants in online searches.

The Respondents claimed they were not using the brand in the “ordinary course of business” but instead conforming to acceptable business and industry practices.

The court ruled that the Appellant’s registered trademarks described their services. The search engine or the advertiser was not required to pay.