
Apologies for not posting in a little while but I hope this uber-post will make up for it. Google have announced today that they will be making a direct change to their trademark policy, which will have a significant impact on paid search (PPC) campaigns for many retailers.
As of 5th May, Google will be allowing open keyword bidding on all terms in the UK and Ireland, abolishing the previous system where you could protect competitors from bidding on your registered trademarks. In simple terms, on that date all of your competitors will be able to rank alongside a Google search for your brand name, running adverts designed to steal clicks away from searchers looking for your site.
This change only affects keyword bidding. In the past competitors could use broad match to bid on a trademarked term if a user had searched with that keyword as part of a two, three or four word query. This has not been affected, and a search on "Tesco TV" or "Topshop jeans" will bring up relevant 'tv' or 'jeans' ads because other advertisers are bidding on these keywords using broadmatch.
Importantly, competitors will still not be able to use trademarked terms (i.e. your brand name) in their ad text. There is the possibility that they could use your slogans or misspells of your brand name if these are not trademarked.
Google have said that this change brings the UK in line with the USA and Canada where this policy has been in operation since 2004, but it is still likely to result in abundant backlash from advertisers that this is simply another way of Google to get more money from AdWords. Notably, the rest of Europe will not be affected by this change.
What does this mean for online retailers?
This is an extremely significant change, and Google have given agencies / Adwords users a month to adjust campaigns in preparation. Google have said that trademark owners are still likely to have the edge over those non-trademark owners because you will still be able to use your trademarks in your own PPC ads, which should result in higher click through rates. Having spoken to them this morning, they didn't sound overly confident when quizzed on whether the change would apply to campaigns who use dynamic keyword insertion to their ads (they said it would but that they'd be looking into it). Many retailers with large product inventory use dynamic keyword insertion with their PPC campaigns so I hope they have a policy for this come early May.
However, the main change is that it's not guaranteed that you will have the number one PPC ad for your own brand term from the 5th May onwards. CPCs are set to rise as there will no longer be a minimum bid that brands have relied on in the past. Similarly, the quality score of the ads themselves is bound to change as click through rates (CTRs) become lower.
Many brands will need to reassign PPC budgets in order to fully protect their own brand and I would expect to see a host of new comparison sites crop up to try and steal clicks away from brands claiming to compare the market prices.
Although most retailers will still rank number one in the natural search space, this change makes it even more necessary to be in both spaces if your competitors can show their ads on your most cherished traffic-driving keyword(s).
This could be a good thing and a bad thing for many brands. Huge retailers like Tesco will be able to bid on keywords like 'Dyson', 'Sony' and 'Apple' and they can stand to gain from this as they will be selling Dyson vacuums, Sony TVs or Apple iPods. They could lose out with competitors such as Asda claiming they have lower prices or environmental groups showing ads which slate their green policy.
Brand campaigns will propbably need to be re-jigged to ensure that brands make sure that searchers know that their ad represents the 'official destination' for the brand they are looking for.
It is also hugely important for the affiliates industry. All of sudden the goal posts have moved dramatically, and many retailers may deem that it is now relevant to allow affiliates to bid on brand terms in the PPC space. This has always been a contentious issue for retailers, but it would seem logical to pay your affiliates a commission for a sale rather than lose it altogether to a competitor. This "lesser of two evils" approach will no doubt make many affiliates very happy indeed.
Importantly, if you are a retailer still going through the drawn-out process of trademarking your brand terms, I wouldn't give up with this news. You still need to trademark your brand keywords so that your competitors can't use it in their ad copy.
Overall, it's a massive change and has long-lasting implications for the search industry. Since it's been like this in the States since 2004, our American bigmouthmedia office have had experience of managing this change for retailers before, so I'll be speaking to my colleagues over the pond so I can tell retailers what they can expecting come May.