Trademark protection in the Metaverse
Metaverse
The Metaverse is a virtual 3D world in which different virtual spaces exist and are connected to each other. There, users can create an avatar that represents them and then take part in various everyday activities - such as playing, shopping and working - in the digital space.
Products that exist in the metaverse are the virtual representation of the real product.
Companies in the consumer goods sector in particular are trying to exploit the potential of the metaverse for their brands.
Trademark protection for digital goods
A large number of companies are working on adapting their trademark rights to the new digital environment and protecting their brands in virtual spaces.
According to the European Union Intellectual Property Office (EUIPO), trademark offices are increasingly receiving trademark applications for virtual products.
Trademark protection can be applied for at the EUIPO in those classes that are relevant for virtual goods and services. Class 9 (software) and Class 41 (entertainment services) are often used to protect trademarks in the metaverse.
Potential trademark infringements in the Metaverse
The metaverse is organized decentrally. One of the challenges is being able to assign potential infringements that take place in a virtual world to a specific legal system.
In the coming years, further business models for virtual goods are likely to be developed, which will increase the importance of trademark law in the digital environment.
In future, the legal framework will be further adapted to the use of virtual spaces in order to protect intellectual property in this environment in the best possible way.
Regarding Justus Kreuels:
Justus Kreuels, German and European Patent Attorney, studied mechanical engineering at the TU Munich and the RWTH Aachen. A main focus of his practice is the enforcement of intellectual property rights in the field of mobile communication, Internet of Things (IoT), robotics, etc. in Germany.