Ever searched your own business name on Google and found somebody else’s advert sitting above you? That is exactly what a competitor bidding on your brand name looks like. Most business owners assume that is just how Google Ads works, but it doesn’t have to be.
What’s the story?
It’s a common practice. You do all the hard work to establish yourself as a trusted brand. People search for you online and find a competitor selling an inferior product at a cheaper price off the back of your hard earned goodwill. It can feel like someone is passing themselves off as you, and I have great news….
The Great News.
A recent court ruling has reignited one of the biggest questions in trademark law and digital advertising: Can bidding on somebody else’s brand name in Google PPC amount to trademark infringement? The short answer is ‘potentially’, yes. And whilst the latest case came out of India rather than the UK, the issue itself affects UK businesses every single day.
The Case Against Google
The case involved a business discovering that competitors were bidding on its trademark as a hidden Google Ads keyword. In simple terms, whenever somebody searched for the brand, competitor adverts appeared in the search results. Even though the trademark itself did not appear visibly in the advert text, the court still held that the trademark was being used commercially within advertising. This is the core of a trademark infringement Google Ads claim. The Delhi High Court reportedly found Google liable in relation to the use of the trademark as a keyword in the advertising system. That is significant. Because the mechanics described in the judgment are exactly how paid search advertising works globally, including here in the UK.
How Google Ads Keyword Bidding Works
When businesses run Google Ads campaigns, they can choose keywords they want their adverts to appear for. That can include:
- Generic service terms
- Product names
- Geographic searches
- Competitor brand names
For example, if somebody searches for your business name directly, a competitor could theoretically bid on your trademark so their advert appears above your website in Google search results. In many cases, customers do not even realise they clicked on a competitor. For businesses spending years building trust, reputation and brand recognition, that can become a serious issue.
Is It Trademark Infringement In The UK?
This is where things become more nuanced. UK trademark law does not automatically prohibit all keyword bidding involving trademarks. The key issue is usually whether the advert creates confusion, unfairly takes advantage of the trademark, or damages the distinctive character or reputation of the brand. In many cases this is a classic question of passing off in the UK. Courts will often look at questions such as:
- Does the advert mislead consumers?
- Does it imply a commercial connection?
- Is the competitor benefiting from the reputation of the brand owner?
- Would the average customer believe the businesses are linked?
The stronger and more distinctive the trademark, the stronger the argument can become. Where it is a clear case of passing off, we have been able to enforce for our clients, but most importantly, whether it is Google Ads, Nominet (for domain takedowns), Instagram or Facebook for Fake Socials, the platforms will always take it more seriously when issued with a Trademark Certificate. Worst case, they suspend the account or ads whilst they investigate.
The UK case that set the rules: Interflora v Marks & Spencer
The best-known UK example of keyword bidding is Interflora v Marks and Spencer. M&S bid on “Interflora” and similar search terms to advertise its own flower delivery service, so its adverts appeared when people searched for Interflora. The case went to the Court of Justice of the European Union and back again. In 2013, the High Court found that the M&S adverts infringed Interflora’s trademarks. In November 2014, the Court of Appeal overturned that decision and sent the case back for a fresh hearing. It found the trial had wrongly put the burden of proof on M&S, and had relied on a US idea of “initial interest confusion” that isn’t part of UK law. There is no published judgment from a retrial.
The test that came out of the case is still the one that matters. Would a reasonably well-informed and observant internet user be able to tell easily whether the goods or services in the advert come from the trademark owner or from someone else? If the advert makes that unclear, the trademark owner has a case. If it’s obvious the advertiser is a separate business, bidding on the name isn’t automatically infringement. Where a brand has a strong reputation, there can also be a question of whether the advertiser is taking unfair advantage of it.
Our Marketing Manager, Saad Ashraf, put the advertiser’s side well: “From a marketing perspective, I can see the attraction. You are reaching someone who has already shown an interest in exactly what you sell.” The flip side is that the wording of the advert, how the brand is presented and the risk of customers being confused all matter. If a competitor’s advert crosses that line, a registered trademark is what gives you the basis for a complaint to Google or a cease and desist letter.
Why Trademark Registration Matters So Much
This is also where businesses quickly discover the difference between owning a company name and owning trademark rights. Without a registered trademark, disputes often fall back onto passing off law. That means proving:
- Reputation
- Goodwill
- Consumer confusion
- Damage
That process is slower, more expensive and often harder to enforce. With a UK trademark registration, you have a clear legal right attached to the brand. When you register a trademark in the UK, that changes the conversation dramatically. Whether you are:
- Reporting Google Ads misuse
- Challenging a domain name through Nominet
- Removing fake social media accounts
- Opposing competitor trademarks
- Dealing with counterfeit listings
Platforms and providers generally respond much faster when there is an active trademark registration in place.
Trademarks Save Businesses Time And Money
One of the biggest misconceptions about trademarks is that they only become relevant once a major legal dispute starts. In reality, trademarks are often about efficiency. A registered trademark gives you a clearer position from day one. That can reduce:
- Legal costs
- Enforcement time
- Platform disputes
- Negotiation complexity
- Evidence gathering
Because instead of trying to prove years of goodwill from scratch, you can point directly to the registration. Time costs money. Whether you are dealing with it yourself internally or instructing a provider to assist, having a registered trademark usually creates a much cleaner enforcement process.
Most Businesses Never Check
One of the most surprising things is how few founders regularly search their own brand name online. If you have never done it before, try this:
- Search your own business name on Google.
- See what appears above you.
- See who is advertising against your brand.
- See whether competitors are targeting your traffic.
Many businesses discover the issue long after it has already been happening.
The Businesses With Options Usually Protected Early
After years working in trademarks, one pattern appears consistently.
- The businesses that protected their name early usually have more options later.
- The businesses that delayed often find themselves negotiating from the back foot.
- Trademark registration is not simply about owning a logo or a name.
It is about protecting the commercial value attached to customer recognition, trust and reputation. And in a world where digital advertising allows competitors to intercept customers in seconds, that protection arguably matters more than ever.
Thinking About Protecting Your Brand?
If your business relies on reputation, visibility or customer trust online, trademark registration should not be treated as an afterthought. Understanding how to protect your brand name online starts here. Because the real question is not simply: “Can somebody bid on my name?” It is: “What rights do I actually have when they do?” If you would like guidance on UK trademark registration, trademark applications or protecting your brand online, Book a Free Consultation today.
Source: World IP Review reporting on Delhi High Court judgment in Hindware v Google, 22 May 2026.
Questions about this
Can a competitor bid on my brand name in Google Ads in the UK?
They can, but it is not always lawful. UK trademark law does not automatically prohibit keyword bidding on a trademark. The key issue is usually whether the advert causes confusion, implies a commercial connection, unfairly takes advantage of the brand or damages its reputation or distinctive character. The stronger and more distinctive the trademark, the stronger the argument tends to be, and a registered trademark makes platforms take a complaint far more seriously.
Answered by Saad Ashraf, Marketing ManagerWhat did the Delhi High Court decide about Google Ads and trademarks?
The case involved competitors bidding on a business’s trademark as a hidden Google Ads keyword, so their adverts appeared whenever someone searched for the brand. Even though the trademark did not appear in the advert text, the court held it was being used commercially in advertising, and reportedly found Google liable for the use of the trademark as a keyword. It is an Indian ruling, but the same keyword mechanics apply in the UK.
Answered by Saad Ashraf, Marketing ManagerWhy does a registered trademark help with Google Ads and other platform complaints?
Because it gives a clear legal right to point to. Without registration, a dispute usually falls back on passing off, which means proving reputation, goodwill, confusion and damage from scratch. With a registered trademark, platforms and providers generally respond much faster, whether the issue is Google Ads misuse, a domain challenge through Nominet, fake social media accounts or counterfeit listings. In some cases they suspend the account or adverts while they investigate.
Answered by Saad Ashraf, Marketing ManagerWhat did the Interflora v Marks & Spencer case decide about Google Ads?
Bidding on a competitor’s trademark as a keyword isn’t automatically infringement. The question is whether a reasonably well-informed internet user could easily tell that the advert comes from a different business. In 2014, the Court of Appeal overturned an earlier finding against M&S and sent the case back for a fresh hearing.
Answered by Saad Ashraf, Marketing ManagerThis article is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 27 October 2026.
