It’s time to “go online” or brands in the metaverse

Of course, it can also be digital products and services Trademark Protectionwhich is also in the metaverse Availability of exclusive rights To use the trademark owner’s brand name – attorney Mark Kovacs explains.

The scope of trademark protection is Goods List It is determined only by those List of goods and services to which trademark protection applies. For example, if someone registers a motorcycle brand name, they can still (as a general rule) legally use the same brand name for underwear.

Goods and services are classified into different “categories” according to the international treaty that regulates this, the Nice Convention. In order to achieve proper protection of the trademark, it is therefore necessary to indicate and properly classify the goods and services covered by the trademark, which must be understood that What is the main feature of the digital product/service that appears in the metaverse.

In accordance with the current version of the Nice Convention, which classifies trademark goods and services, a file that appears as a downloadable file on the user’s electronic device Digital goods fall into category 9, while non-downloadable electronic products are not actually products, but services are in category 41. Because products that appear in the metaverse usually are, for your computer/data bus Downloadableor appearing online exclusively, Non-downloadable digital goods take shape, so it is necessary to Brand protection must cover classes 9 and 41 In order for the brand name to have enough protection in the metaverse as well.

Thus, if in real life someone had brand protection for ‘hat’ merchandise in class 25, that might not preclude their brand name in the metaverse on avatar-wearing digital hats, dependent on their shape (they can be downloaded or posted exclusively) online) fall into category 9 or 41″

– Explains expert Schönhere.

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