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
Has this been tested in court as of yet?
yes, it has been successful in some cases, and of course the particular facts of the situation will come into play
see this, which is Google's policy
you want to first utilize Google's internal policing before going to court
OK, so What do I do initially, send them a cease and desist letter certified mail?
(or sending a cease and desist letter)....it is easiest to start with Google
well you can do that, or start with contacting Google, or both
I suggest doing both
but definitely contact Google as your first step
best of luck!
and please don't forget to rate my response, thanks!
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