Keyword trademark and Google Ads: what the Indian ruling says

The Indian ruling that reignited the debate on Google Ads

In late May 2026, an Indian court issued a ruling destined to spark debate far beyond the subcontinent's borders. The decision concerns the use of trademarked keyword in Google Ads advertising campaigns. It also immediately attracted the attention of founders, startups, and observers in the global technology sector.

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

Legal experts consulted by TechCrunch have pointed out 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 mechanism of trademarked keywords: how it works today

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

In practice, 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 permitted, but explicit appropriation of the brand is not. This gray area has generated years of controversy worldwide.

According to Wired, the theme 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 they 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 one hand, SMEs that purchase keywords corresponding to others' brands could be exposed to legal disputes. On the other hand, those that suffer from this type of unfair competition could finally have more effective tools to protect themselves. In both cases, a more aware approach is needed to Keyword strategy.

We of 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 lack a structured procedure for verifying the compliance of their SEM campaigns.

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

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

Similarly, some jurisdictions might begin requiring 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 Regarding Google's advertising dominance, the current model creates structural tensions between advertisers, brands, and the platform. Therefore, regulatory interventions like India's are not surprising. On the contrary, they could multiply in the coming years.

Operational implications for those managing SEM campaigns

From a practical standpoint, companies that run campaigns Google Ads They should initiate an audit of active keywords. Specifically, it's useful to identify which terms match 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 strong organic presence reduces reliance on the most competitive and potentially risky keywords. Consequently, investment in SEO copywriting 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 perspective 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 other brands' keywords will have to rethink their approach.

The team of SHM Studio has always advised its clients on a balanced approach between Paid campaign 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 doesn't rely on intercepting others' traffic. In this regard, services such as LinkedIn lead generation Brand-safe campaigns on Google represent more sustainable alternatives.

Outlook: what to expect in the coming quarters

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

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

To stay updated on the developments Digital Marketing Panorama, at SHM Studio, we regularly publish analyses on our blog. Additionally, our team is available for personalized consultations: you can contact us directly to jointly assess the situation of their own campaigns. 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.