Trademarks in the Metaverse: What Brand Owners Need to Know

Mar 24, 2022

The Metaverse is coming into your life and many brand owners are getting ready to jump at the opportunity to participate and cash on the virtual world. But before they need to know about this digital world.

For the most part, we are talking about the big firms. Think about Facebook, which changed its corporate name to Meta. Disney, Hyundai, and Nike, to name a few, are also staking a claim in the Metaverse.

Soon enough, medium-size companies will be jumping into this digital world.

Is your company ready to tackle the future?

The Metaverse already exists.

But, what is the Metaverse? The Metaverse, in short, is the joining of physical and digital worlds. The concept is not new. Think how game platforms such as Fortnite and Second Life have been running metaverse-like experiences for users for two decades.

The Metaverse is viewed as the next stage of the internet in which we will participate via a digital version of ourselves, called avatars. Mark Zuckerberg says we will be able to do anything we can imagine like work, play, learn and shop.

This virtual and digital universe has been gaining steam since companies are starting to invest time and money into developing the “verse.”

“The metaverse is a groundbreaking area for brands and intellectual property creators”

Attorney Marcos

The potential gains for companies are significant: brand awareness, presence, and, importantly, data collection on consumer behavior.

Trademark Attorneys Already Work with Metaverse Products.

Attorneys are advising clients to take action. The first call to action is to create a plan to get brands into the metaverse.

The second is either addition of classes into already existing trademark filings with USPTO or creating new filing for Metaverse specific products.

USPTO stands for the United States Patent and trademark office and is the federal agency responsible for granting U.S. patents and registering U.S. trademarks.

However, the Metaverse has not prompted the creation of new classes with the USPTO.

Classes for Digital Products

Attorneys file Meraverse products and services with Classes 09, 35, 41, and 42. These classes pertain to the use of digital products.

In other words, the classification for digital brands already exists.

One concrete example is Hyundai Motor Company. The company launched a digital product called Mobility Adventure last October. Mobility Adventure exists on the gaming platform and metaverse Roblox featuring Hyundai Motor’s products and future mobility solutions.

“The metaverse is a groundbreaking area for brands and intellectual property creators,” said attorney Marcos E. Garciaacosta. “Consumer brand owners need to be aware of the opportunities. As with any other trademark, they need to get the formal protection that a federal and international registration provides, or risk losing to other competitors worldwide”.

“In the same way, attorneys are preparing to defend brand infringement in the Metaverse, the same way they do in the real world”, said Attorney Marcos. “Bringing the intellectual property attorneys to the game tells you that many companies are serious about something that seems like a fantasy world”.

Attorney Marcos E. Garciaacosta is ready to help

Attorney Marcos E. Garciaacosta is ready to advise companies on how to file, modify and renew applications with USTPO that cover protections on the Metaverse Universe.

He is ready to participate with you in the future of branding and technology.

Contact us for an appointment by calling (480) 324-6378.

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