A potential customer searches for your company by name. Before reaching your website, they see a sponsored advertisement from a competitor.
If you use Google Ads, you may have experienced this from both sides. Targeting another company’s brand can look like a smart way to reach high-intent customers. When competitors do the same to your brand, however, it can feel like they are benefiting from the reputation and demand you worked hard to build.
A recent Delhi High Court decision involving Hindware has made this issue especially important for Indian advertisers. It does not mean that every mention or use of another brand is automatically illegal. It does mean that businesses should stop treating competitor-brand bidding as a routine tactic with no legal consequences.
What Happened in the Hindware Google Ads Case?
Hindware discovered that advertisements from competing sanitaryware brands could appear when people searched Google for “Hindware” and related terms. Competitors had reportedly selected Hindware’s registered trademark and variations of it as advertising keywords.
In its judgment dated 22 May 2026, a single judge of the Delhi High Court held Google liable for infringement in the circumstances of the case. The Court considered several important facts:
- “HINDWARE” is a coined, distinctive and well-known trademark.
- The advertisers were direct competitors selling similar products.
- Google operated the keyword auction and earned revenue from the resulting clicks.
- Google’s Keyword Planner could suggest trademarked terms to advertisers.
- The targeting allowed competitors to reach people at the moment they expressed interest in Hindware.
The Court restrained Google from permitting the specified Hindware marks to be used as advertising keywords in a manner amounting to infringement. It also awarded Hindware ₹30 lakh in nominal damages, along with actual costs.
Google appealed the decision. On 10 July 2026, a Division Bench issued notice but declined to stay the May judgment. According to the report on the appeal, the matter was listed for further hearing on 24 July 2026.
The important qualification: the appeal is still being considered. Businesses should not read this case as a final nationwide rule that every competitor-brand keyword is automatically unlawful.
A Keyword and an Advertisement Are Not the Same Thing
To understand the risk, it helps to separate three different uses of a brand name.
| Where the brand is used | Example | General risk |
|---|---|---|
| As an invisible keyword | A competitor bids on “Hindware” but does not show the word in its ad | Legally uncertain and potentially risky in India |
| In visible ad copy | “Better than Hindware” or “Hindware Sale” | Higher risk, especially if misleading or unauthorised |
| On the landing page | A genuine reseller clearly offering the branded product | May be acceptable when accurate, necessary and non-misleading |
A keyword normally works as a backend trigger. The user does not see the keyword itself. The Hindware judgment is important because the Court did not accept that invisibility alone made the activity harmless. It examined the complete advertising process, the commercial advantage and the way the platform monetised the trademark.
Does Google Allow Advertisers to Bid on Trademarked Keywords?
Google’s current trademark policy generally says that it will not restrict the use of trademarks as keywords. It may restrict a direct competitor from using a trademark visibly in an advertisement, particularly when the ad is confusing, deceptive or misleading.
This creates an important distinction:
Something can be permitted by the Google Ads platform and still create legal risk under the law applicable in the country where the advertisement is shown.
Google also makes advertisers responsible for complying with applicable laws. Therefore, an approved advertisement or an eligible keyword should never be treated as legal approval. You can review the platform’s current position in the Google Ads trademark policy.
Is Competitor-Brand Keyword Bidding Always Trademark Infringement?
No. The legal position is more nuanced than that.
In the 2023 Google LLC v. DRS Logistics decision, a Delhi High Court Division Bench held that using a trademark as a keyword can amount to “use” in advertising. At the same time, it rejected the argument that such use is automatically infringement in every case. Factors such as consumer confusion, deception and unfair advantage still matter.
The Hindware case involved a distinctive, coined and well-known mark, direct competitors and evidence considered after a full trial. These facts made it different from a simple situation in which an advertiser bids on a descriptive phrase or offers a clearly identified alternative without misleading anyone.
When Is Competitor-Brand Targeting Most Risky?
The risk is generally higher when several of the following conditions are present:
- The keyword is a registered, distinctive or well-known trademark.
- You are a direct competitor offering similar products or services.
- The campaign targets the exact brand name, misspellings or brand-plus-product combinations.
- The advertisement suggests that you are the brand owner, authorised seller or official partner.
- The trademark appears in headlines, descriptions, assets or the display path without permission.
- The landing page makes the relationship between the two businesses unclear.
- The campaign is designed mainly to intercept customers who are specifically trying to reach the trademark owner.
Using dynamic keyword insertion can increase the risk because a competitor’s trademark may automatically appear in the ad text. Broad match and automated campaign features can also match brand searches that were never manually added as keywords.
What Should Google Ads Advertisers Do Now?
1. Audit your keyword and search-term data
Do not review only the keywords that were deliberately added to the campaign. Check the actual search terms that triggered advertisements. Look for competitor brand names, spelling variations, domains and product names.
2. Add competitor trademarks as negative keywords where appropriate
If competitor-brand targeting is not part of an approved strategy, add those names to the appropriate negative keyword lists. Review automated and broad-match traffic regularly because new variations may continue to appear.
3. Avoid competitor brands in ad copy
Do not place a competing brand in headlines, descriptions, sitelinks, callouts or display paths unless there is a genuine, authorised and carefully reviewed reason.
4. Be clear about your identity
Your advertisement and landing page should make it immediately clear who is selling the product or service. Do not copy a competitor’s visual identity or use words such as “official”, “authorised” or “partner” unless they are accurate.
5. Get written approval for higher-risk campaigns
Agencies should not launch competitor-brand campaigns based only on a verbal instruction. Document the intended keywords, advertising message, landing page and business justification. For a registered or well-known mark, ask the client to obtain legal advice before launch.
How Can Business Owners Protect Their Own Brand?
Register the brand name, not only the logo
A word-mark registration can be particularly useful because competitors may target the written brand name without copying the logo. Registration should cover the appropriate product and service classes. Keep records showing the history, advertising and commercial use of the brand.
Monitor what appears when people search for your brand
Check searches for your company name, important products, common misspellings and brand-plus-service combinations. Use Google’s Ad Preview and Diagnosis tool where possible so that repeated manual searches do not distort your campaign data.
For example, a business called ExamplePro might monitor:
- ExamplePro
- Example Pro
- ExamplePro pricing
- ExamplePro services
- ExamplePro alternatives
Keep proper evidence
If a suspicious advertisement appears, capture the full search-results page. Record the query, date, time, device, location, advertiser, ad copy, final URL and landing page. Evidence collected over several dates and locations is more useful than one cropped screenshot with no context.
Submit a trademark complaint to Google
A trademark owner can submit a complaint when a protected mark is being used in an advertisement. Google normally reviews complaints against specific advertisers and URLs in the countries and industries where trademark rights have been demonstrated.
Remember that Google’s published policy currently says it will not restrict a trademark used only as a keyword. If the problem is purely backend keyword targeting, the business may need to send a formal notice to the advertiser and obtain advice from a trademark lawyer.
Run a controlled brand-protection campaign
A focused campaign targeting your own brand can help your official website remain prominent while a complaint or dispute is being resolved. Use clear trust signals such as your official company name, accurate contact details and relevant sitelinks.
This is not a perfect solution because it may require you to pay for demand your brand already created. It is, however, often the fastest advertising response when competitors are appearing above your organic listing.
A Practical Policy for In-House Teams and Agencies
A simple internal rule can prevent accidental problems:
Do not knowingly target a direct competitor’s registered brand name without written client approval, a legitimate business reason and appropriate legal review. Audit actual search terms regularly and document any suspected misuse of the client’s own brand.
The team should maintain three lists for every account:
- Our registered brand names and variations to monitor.
- Competitor trademarks that should normally be excluded.
- Approved third-party brands that may be used because of reseller, partnership or compatibility rights.
The Final Learning for Business Owners
Competitor-brand bidding is no longer a tactic that should be activated casually. The Hindware decision shows that a court may look beyond the visible advertisement and examine who benefits from the trademark, how customer intent is redirected and whether another company is taking unfair advantage of the brand owner’s reputation.
For advertisers, the safer approach is to build campaigns around relevant generic searches, strong offers and genuine differentiation. For brand owners, trademark registration, monitoring, evidence collection and a clear response process are now part of responsible digital marketing.
If you need help auditing brand and non-brand traffic in your campaigns, learn more about our Google Ads management services or contact Anirup Technologies.
Legal note: This article provides general educational information and is not legal advice. Trademark disputes are fact-specific. Consult a qualified intellectual-property lawyer before taking legal action or launching a high-risk comparative campaign.
Frequently Asked Questions
Can I bid on a competitor’s brand name in Google Ads?
Google’s platform policy generally allows trademarks to be used as keywords, but local trademark law still applies. In India, bidding on a direct competitor’s distinctive registered brand may create legal risk, particularly if it causes confusion or takes unfair advantage of the brand’s reputation.
Can I use a competitor’s name in my Google ad headline?
This is riskier than using the name only as a keyword. Google may restrict a direct competitor’s use of a trademark in ad copy, especially when it is confusing or misleading. Comparative advertising should be accurate, necessary and legally reviewed.
Will registering my trademark stop competitors from bidding on it?
No. Trademark registration does not automatically block the name from being selected as a Google Ads keyword. It gives you stronger rights when submitting complaints, contacting advertisers or pursuing legal remedies.
How can I find out whether competitors are advertising on my brand?
Use Google’s Ad Preview and Diagnosis tool to check your brand name, variations and brand-plus-product searches across relevant locations and devices. Preserve complete evidence whenever a suspicious advertisement appears.
Should I run ads on my own brand name?
A controlled brand campaign can protect visibility, communicate trust and reduce the chance of customers choosing a competitor’s advertisement. Whether it is necessary depends on competitor activity, organic visibility, cost and incremental conversions.
Anil Singh is the Founder of Anirup Technologies LLP and a performance marketing strategist with over a decade of hands-on experience in Google Ads, PPC management, SEO and lead generation. He helps businesses build search-focused marketing systems that improve visibility, attract qualified leads and support measurable growth.
With strong expertise in Google Ads, Meta Ads, conversion tracking, landing pages and WordPress-based SEO, Anil focuses on practical strategies that connect marketing spend with real business outcomes. His work is especially focused on helping businesses use paid search and performance marketing with better structure, clearer reporting and stronger ROI accountability.
