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 is the definition of ‘Passing Off’ 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.

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.