Jurídico
Trademark Registration and Law 9.279: What Brazilian Courts Say About Using Third-Party Trademarks on Google Ads
Branddi ·
Your brand is registered, your reputation was built over years — but a competitor is using your name as a keyword on Google Ads to steal your customers. Is that legal? The answer lies in trademark registration and Law 9.279/96, which together form the legal basis to combat this practice in Brazil. Recent decisions from courts like TJSP and STJ are consolidating a clear understanding: using a third-party trademark in paid ads can constitute unfair competition. In this article, you'll understand what the legislation says, how courts are deciding, and what your company can do to protect itself.
What is the use of third-party trademarks on Google Ads?
The use of third-party trademarks on Google Ads, known as brand bidding, happens when a third party buys another company's name as a keyword to display its own ads. In practice, when the consumer searches for your brand on Google, they find competitor ads positioned above your results.
This practice directly exploits the value built by trademark registration. All investment in branding, media, and reputation is captured by those who simply pay to appear first. The consumer, often without noticing, clicks on the wrong ad and is directed to a competitor — generating client diversion and direct financial loss.
What Law 9.279 says about trademark protection and unfair competition
Law 9.279/96 — the Industrial Property Law — is the main legal instrument to protect registered trademarks in Brazil. It establishes that the holder of a trademark has the exclusive right of use in its operating segment and can prevent third parties from using it without authorization.
In the context of Google Ads, two articles are especially relevant:
- Article 189 — criminalizes reproduction or imitation of a registered trademark, subject to detention and fines.
- Article 195 — defines as unfair competition the use of fraudulent means to divert a competitor's clientele, including the improper use of a trade name or trademark.
Law 9.279 wasn't written for the digital environment, but its application has been adapted by Brazilian courts to cover practices like brand bidding, recognizing that the digital medium doesn't alter the nature of the infraction.
How Brazilian courts have been deciding brand bidding cases
The jurisprudence on the use of third-party trademarks in paid ads has evolved consistently in recent years. State and superior courts have already issued important decisions.
Recognition of unfair competition
TJSP has been a pioneer in recognizing that purchasing a registered trademark as a keyword on Google Ads constitutes unfair competition through client diversion. In multiple decisions, the court ordered the immediate removal of ads and payment of compensation for material and moral damages.
Emblematic case in the services sector
In a decision published by Conjur, judge Andréa Galhardo Palma recognized that the unauthorized use of a company name as a keyword constitutes unfair competition. The case involved a company in the awnings sector whose name was systematically used by competitors to capture traffic. The sentence reinforced that trademark registration is a fundamental piece to ground actions of this nature.
Disputes between major players
Cases involving delivery and retail companies — like the discussions between 99Food and Keeta — brought even more visibility to the topic. These processes reinforce that, regardless of company size, trademark registration protection extends to the digital environment, including paid ad platforms.
How to protect your brand against misuse on Google Ads
Effective protection requires coordinated action on multiple fronts:
- Ensure trademark registration at INPI — without formal registration, the company loses the most solid legal basis to contest misuse. Trademark registration is the starting point for any judicial or extrajudicial action.
- Register your trademark on Google Ads — Google offers a registered trademark complaint form that restricts the use of the name in third-party ad texts. This protection is partial, but already reduces exposure.
- Implement continuous monitoring — specialized tools track in real time who is advertising with your brand name, enabling quick identification of infringers.
- Notify and remove with agility — when identifying misuse, send extrajudicial notifications immediately. If the practice persists, the judicial action already has favorable jurisprudence.
- Document everything — screenshots, monitoring reports, and CPC data are fundamental as evidence in processes based on Law 9.279.
Common mistakes that weaken trademark protection in digital
Many companies have trademark registration but fail to use it as a digital defense tool:
- Not monitoring the paid ads environment — having a registered trademark without tracking who uses it online is like locking the door and leaving the window open.
- Taking too long to act judicially — slowness in response allows the infringer to keep profiting from client diversion for months.
- Ignoring Law 9.279 and its mechanisms — many marketing managers and even legal departments underestimate the applicability of the Industrial Property Law in the digital context.
- Separating marketing and legal — effective protection requires integration. Marketing detects anomalies in campaign data, and legal turns these evidences into concrete actions.
The strategic importance of trademark registration in the digital era
Trademark registration is no longer just a bureaucratic formality. In the era of digital marketing, it became a strategic revenue protection tool. Companies with active INPI registration have solid legal backing to combat brand bidding, product counterfeiting, misuse in marketplaces, and fake profile creation on social networks.
The trend is clear: as Brazilian courts consolidate their understanding of digital unfair competition, Law 9.279 strengthens itself as the main defense instrument. Brands that invest in registration, monitoring, and agile legal response are already reaping measurable results — from CPC reduction to recovering qualified traffic diverted by competitors.
Conclusion
Brazilian courts are sending an increasingly clear message: using third-party trademarks on Google Ads is unfair competition, and Law 9.279 is the basis for holding infringers accountable. However, protection doesn't happen on its own. It requires up-to-date trademark registration, constant monitoring, rigorous documentation, and agile legal action. Companies that treat trademark protection as a strategic priority are better prepared to defend their revenue, reputation, and digital space.
Want to ensure your company's trademark registration is protected against misuse on Google Ads? Contact the Branddi team right now via our contact page and discover how we can monitor, identify, and remove irregular ads that exploit your brand — turning protection into real results.
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