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[francotel]

As in Europe on my Company happend

Google block Keywords in the matter of Trademark Complaints from a Design Trademark Owner.

as i request to stop this they tell me only the Trademark owner can do it

its very good writen from Google self >>> https://services.google.com/inquiry/aw_tmcomplaint?hl=en

*** NOTE: We do not investigate for trademarks that incorporate a design or formatting element. ***


but there is no Word Mark registered in the hole Europe ! So never seen anti competition things like that

What you think about

if they do with me, they have to do with all Design Trademarks of letters a-z and 0-9 than only 36 Trademark Owners will be happy nobody can use anymore the Google Adwords System ! So why not close it directly !

have done already filed a complaint to the European Union

Thank you for usefull tips to handle that in the right way

[francotel]

we have now written a article about >>> http://www.francotel.fr/en/2009/12/dont-be-evil/

Thank you for support us at Twitter about this http://twitter.com/francotel

[Kaitlin]

As I understand your situation, you want to use a term which describes your services as a keyword in Google Adware.  The term is one which is part of a design trademark in the US, but which has been determined to be generic in the US when used as words only.

Your question is whether Google Adware has any basis for denying your use of this term to describe your business.  (From your link to Google's complaint page, it seems their policy is not to block design elements, since those cannot be part of a text-based search. )

I note that according to Wikipedia (that unassailable font of wisdom and knowledge!  ), there are some countries in which the term actually is protected as a word mark (if that's what the article means by "registered name").  I imagine that if this is so, in view of Google's world-wide market, this could be enough to justify their refusal.  On the other hand, we all know that fear of being sued by large companies has driven a lot of internet sites to pull ads at the least complaint of any alleged IP problem, and I wonder if Google has blocked other, larger companies from using this term.

Anyone else have thoughts? 

[francotel]

@kaitlin,

not realy

i will use key word "yellow pages"

but in europe as in us also, there are some registered trademarks ( not Word TM ) and Google block this term ! so its the same as Google block the letters " a.......z " or "0.....9" because for this letters also TM Design elements only exists. So i see no differend between !?

Google say : *** NOTE: We do not investigate for trademarks that incorporate a design or formatting element. ***
this is logic because if they do this only 36 TM owners can use the Google Adwords System.

I think G do here a Anti Competition against me and my company, nothing more!

[Kaitlin]

Colleagues, please see blue below.  Thanks!

Sorry, but it seems to me there are some language difficulties here.

My French may not be much better than your English, but perhaps between the two we can get some mutual comprehension going:

Si je comprends bien, votre plainte est que Google a bloque un mot (ou deux) qui est reconnu comme simple mot "generic" ici aux E-U et beaucoup d'autres endroits du monde.  Mais, si ce mot est registre comme marque de commerce dans d'autres lieux du monde, c'est peut-etre assez pour que Google le bloque.  Ce n'est pas la meme chose que de bloquer des lettres ou chiffres randonnes.  *

If I understand correctly, your complaint is that Google has blocked a word (or two) which is recognized as a simple generic term here in the US and many other places in the world.  But, if this word is registered as a trademark in other places of the world, perhaps that's enough to let Google block it.  This is not the same thing as blocking random letters or numbers.*

Ce que je me demande, c'est est-ce-que Google bloque ce mot pour tous?  Peut-etre vous devriez leur demander 1) des assurances que ce mot est bloque pour toute societe qui poste ses announces a Google et 2) la preuve que le mot est registre comme marque de commerce dans d'autres pays.

What I'm wondering is whether Google is blocking this term for everyone.  Perhaps you should ask them for 1) assurances that the word is blocked for every company that posts advertising on Google and 2) proof that the word is registered as a trademark in other countries.

Vous avez raison de questioner s'il y a quelque chose de louche ou anticoncurrentielles ici, mais il n'est pas tout a fait certain que c'est ce qui ce passe.

You're right to question whether there's something suspicious or anticompetitive here, but it's not completely certain that that's what's going on.

Peut-etre d'autres a ce forum, qui sont plus "au courrant" vis-a-vis l'Internet, peuvent s'addresser a cette question.

Perhaps others in this forum, more up-to-date on internet issues, may be able to address this.

The issue seems to be that Google is blocking use of the term "yellow pages" from use as a keyword in its AdWare, claiming that it is a registered word mark somewhere (or in several places).  In the US and a number of other places, apparently the term has been determined to have become generic and so cannot be a trademark.  So if Google blocks use of a term which is widely accepted as generic, but apparently has been accepted as a registered trademark in some (presumably obscure) countries, is it OK for Google to block the term -- or is it just aiding and abetting monopolistic forces here?  Anyone care to weigh in?

---------
*Edit:  Bien que votre principal point apparait etre que Google essaie de bloquer des mots qui sont compris dans des desins, a mon gre le plus important est que les mots qu'ils bloquent sont des mot "generic", c-a-d des mot qui ne sont pas capable d'etre des marques de commerce a cause du fait que ces mots sont les mots pour le produit lui-meme.
While your main point seems to be that Google is trying to block words which are included within designs, in my opinion the more important point is that the words that they are blocking are "generic" words, i.e. words which are not capable of being trademarks because these words are the words for the product itself.

[francotel]

@kaitlin

sorry for the language issues - nobody is perfect

ok about your answer in blue

its not compled right

because there is no registered word mark in this country i have the issues. But Google blocks the term to me

there is only a design mark registered, and thats the problem, if google block 1 design mark they have to block all not only 1 to me personaly

( ah yes and the system is Google adwords for advertising ) not AdWare

 i have done now a complaint to the competition Authority

[Kaitlin]

@kaitlin

sorry for the language issues - nobody is perfect

So true.  Hope you understand the attempt was to clarify, not criticize your language. 

ok about your answer in blue

This wasn't so much an answer as an attempt to reformulate the question so others would understand it and help you out.  I noted no one was responding to your question as formulated.

its not compled right

As you say, "nobody is perfect"

because there is no registered word mark in this country i have the issues. But Google blocks the term to me

there is only a design mark registered, and thats the problem, if google block 1 design mark they have to block all not only 1 to me personaly

  When I say it seems that in the US and many other countries (evidently including your own) the term "yellow pages" is incapable of being a trademark, that means implicitly that it cannot be a registered word mark in those countries. So that was not misunderstood.  But from what you have posted and Google's policy about design marks, it would seem that Google is probably not blocking you on the basis of a design mark, but rather on the basis of a word mark registered in countries other than your own. 

( ah yes and the system is Google adwords for advertising ) not AdWare

Sorry, I misspoke.  "nobody is perfect" 

i have done now a complaint to the competition Authority

good luck.

[francotel]

yes thx

but luck is not required

Justice only

[JSonnabend]

Si je comprends bien, votre plainte est que Google a bloque un mot (ou deux) qui est reconnu comme simple mot . . .

Showoff.

I'm not sure why Google is blocking "Yellow Pages" in its AdWords program.  "Yellow Pages" is routinely required to be disclaimed (see, e.g., http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78567356).

As far as what they can or can't block, that's a contract issue (T&C), not a trademark issue per se.

- Jeff

[Kaitlin]

I'm not sure why Google is blocking "Yellow Pages" in its AdWords program.  "Yellow Pages" is routinely required to be disclaimed (see, e.g., http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78567356).

In the US and much of Europe, apparently so.  But if Wikipedia is to be believed (only get my facts from the highest authority, you know), there are some countries which have allowed "yellow pages" as a registered trademark.

As far as what they can or can't block, that's a contract issue (T&C), not a trademark issue per se.

  Good point.  I wonder, though, if the OP doesn't have a colorable argument on the anti-competition issue.  My impression is the EU is stricter on that than the US. 

Showoff.

Yeah, the OP evidently thought so, too. 

[JSonnabend]

Showoff.

Yeah, the OP evidently thought so, too. 

I was just teasing, and I think the OP was commiserating, not taking offense.

The advice you gave him was good in my view, so no worries.

- Jeff

[Kaitlin]

Thanks, Jeff. 
Figured you were teasing, but wasn't so sure about the OP's reaction.
Appreciate knowing you concur re the response.