*3 New Jurisdictions Discovered, TM Policy Remains Restrictive For China and North Korea – Google’s 2010 AdWords TM-Policy Changes

This is a quite a  geeky (specialized) post which briefly summarizes the upcoming changes caused by AdWord’s TM-policy revision (due 14th September 2010)  and which also answers the question in which countries Google will also in the future investigates BOTH, the use of a third party trademark in the text of the ad AND as a keyword, even after its upcoming TM-policy revision.

I guess this blog-post is however a must if you are planing to display ads in: the Ashmore and Cartier Islands, Australia, Brazil, China, Christmas Islands, Cocos (Keeling) Islands, Coral Sea Islands, Heard Island and McDonald Islands, Hong Kong, Macau, New Zealand, Northfolk Island, North Korea, South Korea and  Taiwan.

Brief Summary

After the update of AdWord’s TM policy there will no longer THREE different levels of protection but, FOUR:


Group 2 (T&K): Investigation of ad-text and the keyword

Group 1 (T): Investigation of the text only.

Group 1.1 (T*): Investigation of ad text according to US-TM-policy.(no comparative advertising)

Group 1.2 (T**): Investigation of ad text according to EU-EFTA-policy. (allows comparative advertising, more liberal? )

*** Editorial Mistake by Google. Please see >>here<<.


Which countries will be left over in group 2:

So, yes… if 58 countries move from Group 2 to Group 1 there should only be 10 countries left in which the text and the keywords get investigated. Let’s check:

And here we go, if we take the list of countries (group 2) in which the use in sign in the text and the keyword gets (soon: got) investigated and remove the countries (EU&EFTA) that will soon be moved to group 1 are left with:

15 countries: Ashmore and Cartier Islands, Australia, Brazil, China, Christmas Islands, Cocos (Keeling) Islands, Coral Sea Islands, Heard Island and McDonald Islands, Hong Kong, Macau, New Zealand, Northfolk Island, North Korea, South Korea and  Taiwan.

Why 15? Because there are 5 countries in the list of the “EU&EFTA” countries that weren’t listed previously as group 2 countries. There are: Glorioso Islands, Ireland, Juan de Nova Island, Saint Barthelemy and the United Kingdom.

The UK and Ireland, which comes as no surprise, are already in group 1 … but where did Google discover these three other funny jurisdictions? Glorioso Islands, Nova Island, Saint Barthelemy???

One more thing; which rules will not be applicable for the UK and Ireland, the (EU) more liberal ones, or the more restrictive US ones?

Check: 68 (group 2) minus 53 (that’s the 58 of group 2, minus the 5 odd ones) = 15 remaining.


Q.E.D.


PS: Jeremy, don’t you think the IPKat’s, Links&Law  and their friends should do a a field trip to these jurisdictions. (maybe except North Korea..) Would you take care of the funding, I will check out the nicest hotels on the route😉

PPS: If there are other geeks out there, send me an email and I will send you the MS Excel-sheet I used for comparing the lists.

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