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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3462
Experience:  Experienced in intellectual property law
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My trademark, Sober Escorts, is now on the principal registry.

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My trademark, Sober Escorts, is now on the principal registry. Can I prevent other companies marketing similar services from using Sober Escorts in Google Adwords campaigns. For instance, the would have an adwords account so that when the term Sober Escorts is searched, their paid for ad shows up in the search results.

Alex Reese :

Hello

Customer:

Hi Alex

Alex Reese :

the use of TMs within online advertising (e.g. adwords) is a new and developing area of TM law, but yes it is arguably within your TM rights to demand that they cease the use of your mark for same/similar goods and services

Customer:

Has this been tested in court as of yet?

Alex Reese :

yes, it has been successful in some cases, and of course the particular facts of the situation will come into play

Alex Reese :

see this, which is Google's policy

Alex Reese :

you want to first utilize Google's internal policing before going to court

Customer:

OK, so What do I do initially, send them a cease and desist letter certified mail?

Alex Reese :

(or sending a cease and desist letter)....it is easiest to start with Google

Customer:

Thanks

Alex Reese :

well you can do that, or start with contacting Google, or both

Alex Reese :

I suggest doing both

Alex Reese :

but definitely contact Google as your first step

Customer:

Will do

Alex Reese :

best of luck!

Alex Reese :

and please don't forget to rate my response, thanks!

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