Trademarks and SEO: Boost Rankings Without Breaking the Law

For small businesses trying to build a strong online presence, SEO can feel like a magic formula—target the right keywords, publish valuable content, and watch your rankings climb. But there’s one critical element many entrepreneurs overlook: trademark law. While the technical side of SEO often grabs attention, the legal side can be just as important—especially if your strategy includes using trademarked terms. Whether you’re optimizing meta tags, creating blog content, or bidding on keywords in paid search ads, there’s a real risk that an aggressive SEO strategy could trigger a trademark dispute. Understanding how trademark law intersects with your SEO efforts is essential if you want to build a compliant, sustainable online brand.

The Basics of Trademark Law in the Digital Age

Let’s start with the fundamentals. A trademark is a word, name, symbol, or design that identifies and distinguishes one company’s goods or services from another’s. It helps consumers know where a product comes from—and who stands behind it. Trademarks are a key part of branding and business identity, and they’re protected under federal law.

Trademark infringement happens when someone uses a mark in a way that creates a “likelihood of confusion.” That doesn’t mean someone has to copy a name word-for-word; if your use causes consumers to wrongly believe there’s an affiliation, endorsement, or shared source between two businesses, you could be liable. Online, that confusion can arise in unexpected places: URLs, metadata, hashtags, blog titles, or keyword strategies. If it seems like you’re piggybacking on another brand’s reputation—even unintentionally—it may be considered infringement.

When Meta Tags Become a Legal Risk

Meta tags are short pieces of HTML code that describe a page’s content. They don’t appear on the visible page but help search engines categorize and rank content. Years ago, some site owners discovered they could insert competitors’ trademarks into meta tags to boost rankings or hijack search traffic. That tactic didn’t go unnoticed by the courts.

In the influential case Brookfield Communications v. West Coast Entertainment, the court held that using a competitor’s trademark in meta tags constituted infringement. Even though the term didn’t appear on the visible page, its presence in the code could mislead users and divert them to the wrong business. The court called this a form of “initial interest confusion.”

Today, search engines are more sophisticated, and meta tags have less weight in rankings. But the legal principle remains. If your meta data gives the impression that your business is affiliated with or endorsed by a trademark holder, you’re opening yourself up to risk.

Best Practice: Don’t use trademarks in meta tags unless you’re explicitly authorized or the use is clearly descriptive and non-misleading. When in doubt, focus on your own branding, not someone else’s.

Trademarks in Content: What’s Fair and What Isn’t

Many businesses mention other brands in blog posts, product reviews, and comparison pages. That’s often fine—so long as you follow the rules. This is where the concept of nominative fair use comes into play. Nominative fair use lets you refer to someone else’s trademark if:

• The product or service is not easily identifiable without using the trademark,
• You use only what’s necessary, and
• You don’t suggest a false relationship or sponsorship.

For example, if you’re writing a blog post comparing CRM platforms, it’s reasonable to mention Salesforce by name. What you can’t do is suggest that Salesforce endorses your content or imply a partnership unless that’s actually the case.

The case Rosetta Stone v. Google illustrates how tricky this can be. Rosetta Stone sued Google over its AdWords program, which allowed other advertisers to bid on the “Rosetta Stone” trademark. While the case didn’t establish a bright-line rule, it signaled that courts take these issues seriously—especially when the use of the mark could confuse consumers about the source or affiliation of the ad content.

Best Practice: Use competitor trademarks only when necessary, and avoid branding elements that suggest you’re affiliated with or endorsed by them. When writing comparisons or reviews, stick to facts, not implications.

Paid Ads and Trademarked Keywords

What about bidding on a competitor’s trademark in Google Ads? The answer depends on a mix of legal precedent and platform policy. Legally, the core question is always whether the ad is likely to confuse consumers.

In Network Automation v. Advanced Systems Concepts, the court clarified that not all keyword bidding on trademarks is automatically infringing. Courts now consider factors like the clarity of the ad’s text, whether the trademark appears in the ad copy, and how the search results are displayed.

Google’s current trademark policy allows advertisers to bid on trademarked keywords, but restricts their use in the actual ad text unless you’re the owner or authorized reseller. So, you could bid on a competitor’s brand to have your ad shown alongside theirs—but you can’t name them in your ad copy unless you meet Google’s exceptions.

Best Practice: Proceed cautiously. Even if your ad complies with Google’s policy, that doesn’t shield you from legal action. Make sure your ad is clear, non-deceptive, and compliant with both platform rules and trademark law.

What’s at Stake: Legal and Business Consequences

Trademark infringement can carry steep consequences—especially for small businesses. If a court finds you liable, you could face:

• An injunction requiring you to stop using the term immediately,
• Monetary damages (sometimes based on your profits or the trademark owner’s losses),
• Attorneys’ fees, and
• Search engine de-ranking or content removal.

Even if you avoid court, a cease-and-desist letter can force costly changes to your SEO campaign or website structure. And depending on how your site is configured, removing infringing content can impact your rankings or even result in lost traffic. The bottom line? SEO gains made through questionable tactics aren’t worth the risk.

Building a Legally Sound SEO Strategy

The good news is that you can absolutely run a successful SEO campaign without running afoul of trademark law. Here’s how:

Do your homework. Search the USPTO database to see if a keyword or brand term is trademarked before you use it in meta tags or ad campaigns. Obtaining a clearance search from a trademark attorney is always a smart move—especially if you’re building a brand around the term or planning to invest in SEO.

Stay original. Focus on your unique brand identity and create content that reflects your own strengths. Don’t rely on competitor marks to drive traffic.

Use trademarks descriptively, if at all. If you reference a third-party mark, keep it accurate, necessary, and non-promotional.

Audit your site regularly. Review your pages, ads, and meta data to ensure you’re not inadvertently violating any rights.

Consult a trademark attorney. An ounce of prevention can save you thousands in legal fees. If you’re unsure whether your use of a term is lawful, get professional advice first.

Conclusion

SEO and trademark law might seem like two separate worlds, but they collide more often than most businesses realize. If your SEO strategy includes competitor terms, brand names, or meta content that could be interpreted as confusing, you’re putting your business at risk. The good news? You don’t have to choose between ranking well and following the law. With a clear understanding of trademark principles—and a thoughtful, compliant approach—you can build a strategy that performs well without inviting legal trouble.

Need help navigating trademark issues in your SEO strategy? Contact Harrigan IP today or schedule a consultation. We help small businesses protect their brands while growing their online presence the smart and compliant way.

Looking to learn more? Check out these helpful resources:

• What Happens If Someone Infringes My Trademark?
• International Trademark Classes
• What Is a Trademark Monitoring Service (and Do You Need One)?
• Trademark Registration Services
• Trademark Oppositions & Cancellations