Trademarks

Raising Trademark Concerns About Local Sponsored Search Listings

Yahoo! Search Marketing (formerly Overture Services, Inc.) offers an advertising service referred to as Local Sponsored Search. Advertisements in the Local Sponsored Search service typically are listings for advertiser establishments located in the search user's geographic area. The listing usually will provide information concerning the local establishment, such as its location and hours of operation, but will not provide a Website specific to the location referred to in the listing. The advertiser must be offering products for sale at the location that bear the trademark they have bid on as a search term. Because Local Sponsored Search listings generally will not be tied to a Web site that can be reviewed for relevance, Yahoo! Search Marketing uses a different procedure to resolve trademark concerns.

Notification. In order for Yahoo! Search Marketing to take any action on a Local Sponsored Search listing trademark concern, all of the following information must be sent to Yahoo! Search Marketing. The contact information can be found at the bottom of this page.

1. Your name, the name of your company, if applicable, and your contact information.
2. A statement that identifies the listing(s) and search term(s) about which you are complaining and provides facts that support your claim.
3. The trademark on which your claim is based.
4. If you own a current registration for the trademark on the Principal Register in the United States Patent and Trademark Office, the registration number.
5. If you have evidence of any consumer confusion resulting from the advertiser's bid on the search term, a description of such evidence.
6. If you have contacted the advertiser about your concerns, the status of your communications with the advertiser.
7. A statement that the information you are providing is accurate and that you are authorized by the trademark owner to make submit this notice.
8. A physical [or electronic] signature of the person authorized to sign the notice on behalf of the trademark owner.

Counter-notification. If you submit the completed notification form, Yahoo! Search Marketing will send your notification form to the Local Sponsored Search advertiser, along with a counter-notification form to be completed by the advertiser. The following information will be required in the advertiser's counter-notification:

1. The advertiser's name and contact information;
2. A statement that the listing has been removed, or a detailed response countering the information provided in the advertiser's notification;
3. A statement that the information provided in the counter-notification is accurate; and
4. A physical [or electronic] signature

If the advertiser provides this information within 10 days after it is requested, Yahoo! Search Marketing will forward the counter-notification to you and will take no further action. If the advertiser fails to provide the counter-notification within 10 days after Yahoo! Search Marketing's request, or if the counter-notification is incomplete, Yahoo! Search Marketing will remove the listing. If a complete counter-notification is provided after the 10-day period, the listing will be reinstated, and a copy of the counter-notification will be forwarded to you.

Notifications and counter-notifications should be sent either by mail or fax to:

Yahoo! Search Marketing
Attn: Trademark Department
3333 Empire Avenue
Burbank, California 91504
Fax: 818 524-3001

Notifications and counter-notifications also may be sent by email to trademarkconcern-ysm@yahoo-inc.com.