What’s happened?
The policy revision on 4th April 2008 applies to complaints Google receive regarding trademarks in the UK and Ireland.
The impact of this revision is that Google will no longer review reported trademark infringements at the keyword level, providing the resultant ad copy / text does not incorporate the trademarked term.
This means that anyone will be able to bid on “brand name” providing they do not include “brand name” in the ad’s body copy, and while Google will perform a “limited courtesy investigation”, the onus is shifting to ad relevance rather than the policing of trademark infringements as has been the case in the past.
As of 5th May 2008, keywords that have been restricted previously due to trademark infringement will no longer be restricted in the UK and Ireland.
Why has this happened?
Google claim that their goal is to provide users with the most relevant information [to their search], whether this is from Paid or Organic, and part of their strategy for reaching this goal is to provide relevant choices and giver users the opportunity to determine which ads they find most relevant.
Google often plays the “consumer choice” card, but the likelier reason is the Google Dance.
This is where Google change the rules to prevent certain individuals and organisations from attempting to manipulate their sites in order to achieve as high ranking as possible through unfair means. This is referred to as the Google Dance.
Is the advertiser’s brand still offered any protection?
Google still provides some protection, in the form of quality score. In the States, advertisers are already seeing some new competitors bidding on their brand, but their ads are at the bottom of the list below the advertiser and several of their partners.
Their bids would have to be uneconomically high to get a good ranking – because their landing pages by definition are not relevant to the search, and Google takes that into account in ranking their ads.
What are the risks to advertiser?
There is a risk that competitors will use this as an opportunity to direct genuine brand traffic elsewhere, e.g. to their own websites.
Furthermore, if you sold any of your products through resellers, or brokers, there is a risk that you would see a sales volume shift, from your site to some of these broker sites.
What should we do?
First and foremost, ensure that you have an Adtext Ban in place. This will ensure the majority of potential rogue bidders are not able to populate their ad copy with any brand references, and will save any enquiries should this arise.
Secondly, the best way to keep competitors out of the space will be to have a decent number of partners, such as resellers or affiliates, who will bid alongside you. Their landing page content will be relevant to your product offerings, and their GQS (Google Quality Score) will be higher, pushing down all non-affiliated bidders.
I recommend preparing a brand group for this purpose, one which will work alongside any existing brand affiliates you have, and which you can activate as soon as you experience any untoward practice by competitors.
Either way, you stand to experience a drop in traffic via your direct listing, but out of a choice of traffic going to an affiliate or to a competitor, the former is preferable.
Approaching additional new affiliates and requesting page content, in case you need to utilise their services – a big ask, but not impossible. Again, approach trusted affiliates you’ve worked with before, and they’ll no-nonsense some standard content for you, at least to help in the short term.
Summary
There will not be an overnight switch, which will hammer your direct traffic, so I urge you to exercise caution, and prepare methodically, with perhaps one additional affiliate waiting in the wings. If the occasional rogue bidder does appear, and a tiny proportion of your traffic is directed elsewhere, it may be better to accept this, than to activate additional affiliates on a long-term basis which will increase third party commissions, and bring down your ARPU. Let’s watch carefully and wait.