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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Can someone other than the trademark owner use a registered

Customer Question

Can someone other than the trademark owner use a registered trademark as an (google)adword to attract traffic to their own website? The website does not sell the trademark owners items.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Although this should not be done, there are lots of unscrupulous businesses out there who do this.

Google has a policy against this, and the registered trademark owner may file a complaint with Google, see here:

https://support.google.com/adwordspolicy/answer/6118?hl=en

May I help further?
Customer: replied 2 years ago.
Thank you. Yes I already know about google policy. My question is one of legality. Is it legal under uk law?
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

It is not a criminal offence to do so but the registered trade mark owner may bring a civil claim against the offender for damages, injunction stopping the offender etc. pursuant to S.14 of the Trade Marks Act 1994, see here;

http://www.ipo.gov.uk/tmact94.pdf

Hope this clarifies

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