Trademarks and the Metaverse

The metaverse has been a game changer in the field of commerce. Perhaps one of its most significant benefits is its ability to provide brands with endless possibilities to create new experiences and virtual products. But, have you ever wondered why every company is thinking of how to operate in the Metaverse? The Metaverse could become the new marketing channel with the ability to influence the brand image. Think of it as a platform where brands can leverage information and analytics to increase their actual world sales by identifying their target audience. In addition, brands can easily create new unique collaborations, designs, and products in the Metaverse to keep customers engaged. So trademarks in the Metaverse can be a useful tool to protect a brand.

The Metaverse

The Metaverse, or the immersive environment, is basically an extension or a replica of the real world. The issue of trademarks is almost sure to insert itself in certain scenarios. Already, major companies in the U.S have gone the extra mile to register their marks in connection with virtual goods and services.

So, why do companies care about trademarks in the metaverse? Well, most brand owners are uncertain if their existing trademark rights on physical goods can be extended to their virtual goods. And if their existing trademark offers sufficient protection in the Metaverse. Many cases have been filed against creators in the Metaverse who use Birkin bags and other trademarks to create NFTs and other Metaverse items. The courts have not yet determined if the trademark owners are protected in this new space. In other words, for many companies, it is better to be safe than sorry. Most brand owners have chosen to be proactive by registering their trademarks to minimize the risk of third-party claims of their superior trademarks or identical marks on goods and services that were initially considered unrelated.

The Advantage

A trademark application for virtual goods and services may be considered a wise investment. Especially if a brand owner can determine there is a likelihood of third parties imitating the brand in the virtual space. Otherwise, brand owners can boost their monitoring efforts in connection with their virtual goods and services to prevent third parties from capitalizing on their goodwill in the metaverse.

Is trademark application for virtual goods and services a wise move for you? This is a complex question, and brand owners may be advised to seek an attorney or professional to guide them on whether to focus on monitoring and enforcement efforts or apply for trademarks.

Schedule your free initial consultation with our team to find out if a trademark for virtual goods or services is right for you.

Contributing Advisors