This policy explains how Trademarks may be used in Advertisements and across the Services, how trademark owners can report misuse, and how eFind responds. Our goal is to protect the rights of trademark owners while allowing honest, useful advertising to reach the people who are looking for it.
Trademarks help people tell one product or company apart from another. When a User sees a name or logo in an Advertisement, that name or logo carries a promise about who stands behind what is being offered. eFind takes that promise seriously. This policy sets out how we treat Trademarks that appear in Advertisements, in the destinations those Advertisements point to, and elsewhere across the Services. It also describes how a trademark owner can ask us to review a use it believes is improper, and what an Advertiser can do if it believes its use is lawful and should be allowed to continue.
The policy tries to hold two things in balance. On one side is the interest of trademark owners in preventing uses that mislead the public or trade on a brand they built. On the other side is the legitimate interest of Advertisers, and of Users, in truthful advertising that names products, compares them, and helps buyers find what they want. Trademark law in most places does not give an owner the power to stop every mention of its brand. It targets uses that confuse people about the source, sponsorship, or approval of goods and services. This policy follows the same idea: we act against uses that mislead, and we make room for uses that inform.
This policy applies to the use of Trademarks anywhere they can appear through the Services. That includes the text and creative of an Advertisement, the display name and business identity shown with a Campaign, the keywords and audience signals an Advertiser selects, the Landing Page and any other destination a User reaches after a Click, and any feed, catalog, or data an Advertiser supplies to us. It also covers the use of the Trademarks that belong to eFind itself, which are addressed separately toward the end of this document.
This policy sits alongside the Advertising Policies and does not replace them. Where the Advertising Policies set additional rules about how Advertisements may appear or what they may say, those rules also apply. This policy deals specifically with trademark questions. Copyright questions, including claims that an Advertisement copies protected text, images, video, audio, or software, are handled under the DMCA Policy rather than here, even when the same Advertisement is the subject of both kinds of complaint.
This policy applies to every Advertiser and Authorized User who creates, submits, or runs Advertisements through the Services, and to any agency, reseller, or other party acting for an Advertiser. It applies to Publishers to the extent that Publisher Content or Publisher Property branding raises trademark questions in connection with the Services. It also applies to trademark owners and their representatives who use the process described below to report a concern. By using the Services, or by submitting a complaint through the channels we provide, you agree to follow this policy.
Capitalized terms used in this document, such as Advertiser, Advertisement, Campaign, Landing Page, Publisher, Services, and Trademark, have the meanings given in the Master Definitions. In addition, the following terms are used with the meanings described here. A Trademark Complaint is a report submitted to eFind by a trademark owner or its authorized representative asking us to review a use of a Trademark in connection with the Services. A Complainant is the person or organization that submits a Trademark Complaint. An Affected Advertiser is the Advertiser whose Advertisement, Campaign, keyword selection, or destination is the subject of a Trademark Complaint. A Counter-Notice is a response submitted by an Affected Advertiser explaining why its use of a Trademark is authorized or lawful. As used in this policy, a reference to a Trademark includes service marks, and references to a trademark owner include a person who holds an exclusive license broad enough to enforce the mark.
eFind is a platform that delivers Advertisements at scale. We are not the arbiter of who owns a brand or who has the better claim to use it. We do not conduct trademark searches, register rights on anyone's behalf, or decide contested questions of ownership or licensing. What we do is operate a clear, fair process: we accept complaints from trademark owners, we ask the Affected Advertiser to respond where that is appropriate, and we apply a consistent set of standards to decide whether a use may continue on our Services.
Our standards start from a simple principle. A Trademark may be mentioned truthfully in advertising to describe, compare, or offer real goods and services. A Trademark may not be used to deceive people about who is behind an offer, to falsely suggest a relationship that does not exist, or to divert people to something other than what they expect. When a use is honest and informative, we generally allow it. When a use is likely to confuse or mislead, we restrict or remove it. The sections that follow explain how this principle plays out in practice.
This policy describes how eFind manages Trademarks on its own Services. It is not legal advice, and it does not decide anyone's legal rights. A decision by eFind to allow or restrict a use does not mean the use is or is not lawful in a court. Trademark owners and Advertisers remain free to pursue their rights through the legal system.
Many honest Advertisements refer to brands that the Advertiser does not own. A store that sells a well-known product needs to name it. A repair shop needs to say which devices it services. A review site needs to identify the products it reviews. This policy is built to allow those uses. The examples below describe common situations in which an Advertiser may use a third-party Trademark, provided the use is truthful and not misleading.
An Advertiser that genuinely sells, distributes, or is authorized to offer the branded goods or services of another company may use that company's Trademark to advertise those goods or services. A retailer that stocks a product may run Advertisements naming the product. A dealer may advertise the brand of vehicles it sells. The core requirement is truth: the Advertiser must actually offer what the Trademark stands for, the Landing Page must lead to those genuine goods or services, and the Advertisement must not imply a broader relationship, such as being the brand's official website or exclusive outlet, unless that is accurate.
An Advertiser may use a third-party Trademark to describe what its business does when there is no reasonable way to convey the information without naming the brand. A service that repairs a specific brand of appliance, a training course about a particular software product, or a marketplace for parts compatible with a named device may use the relevant Trademark to make itself understood. The use should be limited to what is needed to describe the goods or services and should not adopt the brand's logo, styling, or identity in a way that suggests the Advertiser is the brand.
An Advertiser may name a competitor's Trademark to make a truthful comparison. Comparative advertising, done honestly, helps buyers make informed choices and is broadly recognized as legitimate. An Advertiser may say that its product costs less, performs better on a stated measure, or offers a feature that a named competitor lacks, as long as the claim is accurate, not deceptive, and capable of being supported if questioned. Comparative claims must not misrepresent the competitor's product, must not falsely suggest that the competitor endorses the comparison, and remain subject to the substantiation requirements in the Advertising Policies.
An Advertiser that resells genuine, lawfully acquired branded goods, or that sells products designed to work with a branded product, may reference the relevant Trademark to describe what it offers. A seller of refurbished branded hardware or of accessories built for a named device may name the brand to explain compatibility or origin. The goods must be genuine and lawfully offered, any material differences from new goods sold by the brand must be disclosed, and the Advertisement must not present the Advertiser as the brand or as the brand's authorized channel unless that is true.
The freedom to name a brand truthfully is not a freedom to mislead. The uses below are not permitted on the Services, and we will restrict or remove Advertisements, Campaigns, or destinations that engage in them.
Whether a particular use is allowed depends on the whole Advertisement, including its text, imagery, destination, and the goods or services actually offered. A Trademark that is fine in one Advertisement can be misleading in another. eFind reviews uses in context and may reach different results for what look like similar Advertisements.
Trademarks can appear in an Advertisement in two very different ways, and eFind treats them differently because they carry different risks of confusing Users.
Ad text, headlines, display names, images, and other creative are what a User actually sees. Because a User reads and relies on these elements, a Trademark that appears there has the greatest potential to shape the User's understanding of who is behind the offer. We therefore review the use of Trademarks in visible ad text and creative against the standards in this policy. Truthful, descriptive, comparative, and reseller uses are generally allowed. Uses that imply false affiliation, cause confusion about source, or mislead about what is being offered are not. When we receive a valid complaint about a Trademark in ad text, our response usually focuses on the specific Advertisements that contain the disputed use.
Keywords and other targeting signals are the terms an Advertiser selects to decide when an Advertisement is eligible to appear. Users do not see an Advertiser's keyword list. Because a keyword is invisible to the User, selecting a term that happens to be a Trademark does not, by itself, tell the User anything false about who is advertising. For that reason, eFind generally does not treat the mere selection of a Trademark as a keyword or targeting signal as a violation of this policy, and we generally do not remove an Advertisement solely because it was matched to a query that contains a brand name.
This narrower approach to keywords has limits. Selecting a Trademark as a keyword does not license an Advertiser to then present a confusing or misleading Advertisement. If an Advertisement that appears against a brand-related query goes on to imply false affiliation, misuse the brand in its visible text, or send Users to a deceptive Landing Page, we will act on the visible Advertisement under the standards above. In addition, some jurisdictions and some brand-protection programs impose stricter rules about the use of Trademarks as keywords, and where we operate a program or are required by Applicable Law to apply a stricter standard, we will do so. Where an Advertiser holds a contractual or program-based right to restrict keyword use, we honor that arrangement according to its terms.
A trademark owner, or a representative authorized to act for the owner, may submit a Trademark Complaint asking us to review a use of a Trademark in connection with the Services. To let us review a complaint fairly and quickly, please include the information below. Complaints that leave out key details take longer to process, and we may ask for more before we can act.
Trademark Complaints may be submitted to the eFind Office of Trust and Legal by email to support@efind.com with the subject line marked as a trademark matter, or by mail to eFind LLC, Office of Trust and Legal, 2451 West Grapevine Mills Circle, Suite 324, Grapevine, TX 76051, United States. You may also reach our support team by phone at 1-214-444-8126 for help finding the right channel. Please submit copyright complaints through the DMCA Policy process instead, since copyright and trademark claims follow different procedures.
Submitting a trademark complaint that misrepresents the facts, or that is used to harass a competitor or suppress lawful advertising, is a misuse of this process. We may decline to act on, and may take further steps regarding, complaints that we determine are made in bad faith or that repeatedly target plainly legitimate uses.
When we receive a Trademark Complaint, we first check that it is complete enough to review. If it is missing the information above, we may ask the Complainant for more before proceeding. Once a complaint is complete, we review the reported use against the standards in this policy and, where relevant, the Advertising Policies and Applicable Law.
Our review looks at the whole picture: what the Advertisement says and shows, what the destination offers, whether the goods or services are genuine, and whether a reasonable User would be misled about source, sponsorship, or approval. We consider whether the use fits one of the allowed categories described above, such as a truthful reseller, descriptive, or comparative use. Because context matters, two Advertisements that both mention the same brand can receive different outcomes.
Depending on what we find, we may take one or more of the following actions:
When we restrict or remove material because of a valid complaint, we give the Affected Advertiser notice that we have acted, identify at a general level the nature of the concern and the material affected, and point the Advertiser to the Counter-Notice process described below. We aim to act on complete complaints promptly, and to keep both the Complainant and the Affected Advertiser informed of the outcome, while protecting each party's information as appropriate. We may keep records of complaints, responses, and actions for our own compliance and enforcement purposes.
An Affected Advertiser that believes its use of a Trademark is authorized or lawful may submit a Counter-Notice asking us to reconsider. This process gives Advertisers a fair chance to explain a legitimate use before or after we act, and it helps us correct outcomes that do not fit the facts.
A Counter-Notice should include the Advertiser's name and contact details, an identification of the Advertisement, Campaign, or material that was restricted or removed, and an explanation of why the use is permitted. Useful explanations include evidence that the Advertiser is an authorized reseller or distributor, that the goods offered are genuine, that the use is a truthful descriptive or comparative reference, that the Advertiser holds a license or the owner's consent, or that the use is otherwise lawful in the relevant jurisdiction. The Advertiser should include a statement that the information provided is accurate and, where it claims authorization, a good-faith basis for that claim, together with a physical or electronic signature.
When we receive a Counter-Notice, we review the Advertiser's explanation against this policy. If the explanation shows that the use is allowed, we restore or approve the affected material and let the parties know. If the matter remains genuinely disputed between the Complainant and the Advertiser, we may keep a restriction in place, ask the parties for more information, or decline to make a further determination and encourage the parties to resolve the underlying rights question between themselves. Because we do not adjudicate ownership, our role is to apply this policy consistently, not to declare who ultimately holds the rights.
Trademark rights are territorial. A mark that is registered and strongly protected in one country may be unregistered, weak, or held by a different party in another. Rules about comparative advertising, the use of Trademarks as keywords, and what counts as confusing use also vary from place to place. eFind operates a global platform, and we take these differences into account.
When we review a complaint, we consider the territory in which the disputed use is delivered and the rights the Complainant holds in that territory. A restriction based on rights in one country is generally applied to the regions where those rights and the relevant law reach, rather than worldwide, unless a broader restriction is required or clearly appropriate. Where the law of a particular jurisdiction imposes a stricter or a more permissive standard than our general approach, we apply the standard that Applicable Law requires for that jurisdiction. This means the same Advertisement may be allowed to run in one region and be restricted in another, based on the rights and rules that apply in each.
Because rights differ by territory, a Complainant should tell us where it holds rights, and an Advertiser should tell us where it believes its use is lawful. The more precisely each party identifies the relevant territory, the more accurately we can tailor any action to the places where it belongs.
The names, logos, slogans, product names, and other brand features of eFind, including the eFind name and the eFind Ads brand, are Trademarks of eFind. Nothing in this policy, in the Services, or in any Agreement grants you a right to use eFind's Trademarks except as expressly permitted.
You may make truthful, factual references to eFind and to the Services, for example to state that you advertise through eFind or that your business uses the eFind Ads platform, provided the reference is accurate, does not suggest that eFind sponsors or endorses you or your products beyond any relationship that actually exists, and does not alter our marks or present them in a misleading way. You may not use eFind's Trademarks in your own business name, product name, domain name, logo, or social identity; register or attempt to register any mark that is confusingly similar to ours; or use our marks in a manner that disparages eFind or that implies a partnership, certification, or approval that has not been granted.
Detailed rules on the permitted use of eFind's name, logos, and other brand features, including any brand guidelines, approval requirements, and program-specific permissions, are governed by Governance. Where Governance or a written agreement grants a specific permission to use an eFind brand feature, that permission controls the scope of your use. If you are unsure whether a proposed use of an eFind Trademark is allowed, contact the eFind Office of Trust and Legal before using it.
This policy works together with the rest of the Trust Framework. The Advertising Policies set the broader rules for what may be advertised and how Advertisements may appear, including prohibitions on counterfeit goods and deceptive claims; a use that satisfies this policy must still comply with those rules. The Acceptable Use Policy and the Advertiser Agreement govern the consequences of serious or repeated violations at the Account level, including suspension and termination.
Copyright issues follow a different route. Claims that an Advertisement or destination copies protected text, images, video, audio, or software are handled under the DMCA Policy, which has its own notice-and-counter-notice procedure. If a single Advertisement raises both trademark and copyright concerns, please submit each concern through the process that fits it, so that each is reviewed under the right standard. Where this policy uses a defined term, that term has the meaning given in the Master Definitions unless this document says otherwise.
eFind does not decide who owns a Trademark or who has the better right to use it. We do not conduct trademark clearance for Advertisers, and running an Advertisement through the Services is not a determination that its use of any Trademark is lawful. Advertisers are responsible for making sure they have the rights they need for the Trademarks and other materials they use, and trademark owners remain responsible for protecting their own marks.
A decision by eFind to allow, restrict, or remove a use under this policy reflects only how we choose to manage content on our Services. It is not a legal ruling, it does not resolve the rights of the parties, and it does not prevent either party from pursuing its rights through the courts or other channels. eFind is not liable to any Advertiser, trademark owner, or other party for acting, or for declining to act, in good faith on a complaint or a Counter-Notice under this policy. We may update this policy from time to time as our Services, our programs, and the law evolve, and the current version governs uses going forward.
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