Trademark keywords and Google Ads: what the Indian ruling says

The Indian ruling that reignited the debate on Google Ads

At the end of May 2026, an Indian court issued a ruling destined to spark discussion well beyond the subcontinent's borders. The decision concerns the use of keyword trademarked in advertising campaigns on Google Ads. Furthermore, it immediately attracted the attention of founders, startups, and observers of the global tech sector.

According to reports by TechCrunch , several tech company founders have taken the opportunity to renew criticism of Google's advertising model. In particular, the controversial point concerns the possibility of purchasing trademarked brand names of third parties as keywords. Therefore, a competitor can effectively appear in paid search results when a user searches for a rival brand's name.

Legal experts consulted by TechCrunch have stressed that the ruling could force platforms to reconsider their policies. Consequently, the entire ecosystem of paid search could undergo structural changes in the coming months.

The trademarked keyword mechanism: how it works today

Google historically allows advertisers to bid on keywords that match trademarks registered by other parties. However, there are restrictions on the use of another's trademark in the ad text. This distinction — between bidding on the term and using it in the copy — is at the heart of the legal dispute.

Basically, a company can buy the keyword “Brand X” and appear when a user searches for that brand. Conversely, it cannot write “Brand X” in the ad title or description without authorization. Therefore, visibility is allowed, but explicit appropriation of the brand is not. This gray area has generated years of controversy worldwide.

According to Wired , the issue is not new. In fact, similar cases have occurred in Europe and the United States. However, the Indian ruling adds a new legal precedent in a rapidly expanding digital market.

Why Italian SMEs need to pay attention

For many small and medium-sized Italian businesses, campaigns Google Ads represent a fundamental lever for customer acquisition. Therefore, any regulatory evolution regarding keyword strategy has a direct impact on the budget and performance of campaigns.

The main risk is twofold. On the one hand, SMEs that buy keywords corresponding to others' brands could be exposed to legal disputes. On the other hand, those who suffer from this type of unfair competition could finally have more effective tools to protect themselves. In both cases, a more conscious approach to Keyword strategy .

We at SHM Studio we work daily with B2B and retail companies that invest in Digital marketing . So, we are well aware of the practical implications of these dynamics. In particular, we have observed how many SMEs still do not have a structured procedure to verify the compliance of their SEM campaigns.

The legal front: what could change in Google's policies

Lawyers cited in the TechCrunch article speculate that the Indian ruling could push Google to introduce stricter verification mechanisms. For example, an automatic notification system could be introduced to trademark holders when a matching keyword is purchased by a competitor.

Similarly, some jurisdictions may begin to require pre-approval for the use of trademarked keywords in paid campaigns. However, the technical implementation of these measures is complex. Furthermore, it could have significant side effects on the efficiency of the advertising market.

According to an analysis by Harvard Business Review on the topic of Google's advertising dominance, the current model creates structural tensions between advertisers, brands, and the platform. Therefore, regulatory interventions like the Indian one are not surprising. On the contrary, they could multiply in the coming years.

Operational implications for those managing SEM campaigns

From a practical point of view, companies managing campaigns Google Ads should start an audit of active keywords. In particular, it is useful to identify which terms correspond to third-party registered trademarks. Then, assess the legal risk associated with each campaign.

In addition to this, it is advisable to review the strategy of SEO organic as a complement to paid search. In fact, a solid organic presence reduces dependence on the most competitive and potentially risky keywords. Consequently, investment in SEO copywriting of quality becomes even more strategic.

Finally, for companies operating in international markets, it is essential to monitor regulatory developments in different countries. Therefore, specialized legal advice in digital intellectual property is increasingly necessary alongside marketing advice.

A Milanese agency's take on the case

From Milan, observing the Italian and European digital market, this ruling appears to us as a clear signal. The advertising model based on unlimited keyword bidding is under pressure. Therefore, those who rely exclusively on aggressive strategies to capture others' brands will have to rethink their approach.

The team at SHM Studio has always advised its clients on a balanced approach between paid campaigns and organic investment. Furthermore, building a strong brand reduces vulnerability to this type of competition. Therefore, events like the Indian ruling confirm the validity of an integrated strategy.

For Italian SMEs, the immediate priority is verification. However, the medium-term goal is to build a digital presence that does not depend on intercepting others' traffic. In this sense, services like the lead generation on LinkedIn or brand-safe campaigns on Google represent more sustainable alternatives.

Outlook: what to expect in the coming quarters

The Indian ruling is likely to spark similar discussions in other emerging markets. Furthermore, it could strengthen the positions of those in Europe pushing for a review of EUIPO guidelines on digital trademarks. Consequently, agencies and marketing teams will need to stay updated more frequently.

Google, for its part, has already shown in the past that it knows how to adapt its policies to regulatory pressures. Therefore, it is not excluded that updates to the Google Ads Trademark Policies will be announced in the coming months. Likewise, new tools for brand protection within the platform may emerge.

To stay updated on the evolutions of the digital marketing landscape , we at SHM Studio publish regular analyses on our blog. Furthermore, our team is available for personalized consultations: it is possible contact us directly to evaluate the situation of their campaigns together. Finally, those who want to delve deeper into the topic of AI services applied to marketing will find further resources dedicated to compliance and automated campaign optimization.

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