How to Make a Metaverse Trademark Filing and Why


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Metaverse development is still in its infancy, but we expect great things to come in the years to come. With this in mind, many prominent brands have started filing their trademarks on the Metaverse. All in all, it’s fair to say that most companies need to consider how to start filing with the United States Patent and Trademark Office (USPTO).

Companies leading the game in terms of trademark filings include companies in the payment industry: American Express, Visa, and Paypal.

Another sector that is quickly realizing the potential of the virtual world of the future is fashion brands. Brands such as Nike, Adidas, and Gucci all make significant profits from Metaverse branding and virtual goods.

Even fast food giant McDonald’s has applied for Metaverse trademarks for virtual goods and services.

Through the sale of virtual goods, products, and services, these brands want to protect them from trademark infringement in the metaverse and profit from the economic opportunities it presents. So should you.

Other companies have been slow to reach their goals and have seen others profit from their products. His one such example is Hermes, who recently filed a trademark application to protect his trademark. After the start of court proceedings Metabirkin bags NFT collection owner Mason Rothschild, allegedly profiting from their name. Although the NFT collection was a huge success for the artist, Hermès was less than impressed and publicly he condemned the NFT.

Hermès launch lawsuit

A Metaverse trademark application is an application that provides legal trademark protection for brands in the Web3 sector.

A filing can be a single word, logo, phrase, or catchy design. It indicates the origin of the brand owner’s virtual goods and services and separates them from other entities’ business products increase.

The Metaverse Registration allows brands to set up retail store services featuring virtual goods or services for use in the Metaverse and virtual worlds.

The sooner a company begins the trademark application process, the better, as the process can take up to 12 months to complete.

As with traditional trademarks, brand owners must travel to the US Patent and Trademark Office to file an application. USPTO trademark filing is not that difficult and the website has many videos to make the process easier.

The steps to apply for a Metaverse trademark with the USPTO include:

  • Use our professional trademark registration search to see if your trademark has already been filed.
  • Preparation of Trademark Application
  • Manage your application through the USPTO examination process
  • Correct use of trademarks in digital goods and services

Once the procedure is completed, the company will have trademark protection in the Metaverse.

Even if your company has already trademarked its goods and services, you still need to create a separate metaverse application. This is because existing trademarks are likely only associated with actual physical goods and services. It does not include legal protection against infringement related to digital and virtual goods and services featuring virtual goods such as NFTs.

The Metaverse is a series of virtual worlds that will, at some point in the future, become the Web3 equivalent of the Internet. There are already many virtual environments, each containing a separate virtual world, with real-world and virtual products and services available for purchase in virtual stores.

Trademark registrations in the Metaverse fall into different trademark classes, and depending on the class of business trademark, it can have a significant impact on your ability to protect your brand. The classes in the corporate file that we have seen include:

class 9

This class of trademark covers downloadable virtual goods, such as images and multimedia files, including artwork and video, that use non-fungible tokens (NFTs) for proof of ownership.

class 35

Includes an online virtual clothing store and marketplace for virtual fashion and accessories. Plus entertainment and services for traders of digital assets such as NFTs.

class 36

This classification relates to virtual financial services related to cryptocurrencies and NFTs. This includes the creation, issuance, allocation, trading, lending and storage of NFTs, digital assets, utility tokens and cryptocurrencies.

class 38

Consists of communication services for audio, video, digital and social media content, including online broadcasts, streaming, user chat rooms, and presentations of virtual and augmented reality content.

class 41

This class of trademark application relates to virtual goods that cannot be downloaded online, such as clothing and accessories for use in virtual reality environments, and digital collections using NFTs and blockchain.

class 42

It enables the building of online retail stores where users can forge digital collections and NFT stores. This class also allows registration of her website, which contains technology that helps users create and share data.

Standardization of goods and services will emerge as the metaverse and related technologies advance. However, for now, these taxonomies are enough for companies to start realizing the benefits that exist in the metaverse.

shopping in the metaverse

While the metaverse is still in its infancy, many companies are enthusiastic about the new and growing business opportunities within the virtual space.

Gartner, an S&P 500 company with more than 40 years of experience advising leading companies, by 2026 About 25% of people are active in the evolving metaverse for an hour or more a day. Users participate in activities such as education, games, entertainment services, work, shopping, and socializing.

Speaking on the subject, Gartner VP Analyst Marty Resnick said:

“Emerging metaverse technologies may be in their infancy, but they offer strategic opportunities and potential benefits that are not limited to the virtual world. It transfers or extends physical activity into the virtual world.”

This gives the company the potential to extend its services from the real world to the metaverse. Corporate trademarks in the metaverse offer additional opportunities for his Gen Z and millennial audiences who like to build communities around the brands and projects they work with.

Additional benefits include real-time immersive interaction and entry into the virtual economy where cryptocurrencies and blockchain are used.

retrofit

As people are expected to spend more time in immersive experiences over the next few years, companies will need to acquire new trademarks in the Metaverse for each category of service they wish to offer in the emerging virtual world.

Companies that properly prepare their Metaverse trademarks should be well positioned to take advantage of the opportunities that the Metaverse presents.

See also the metaverse ecommerce article.


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Conor the Tech Veteran
He previously spent 6 years publishing research on tech stocks, and believes in using a combination of fundamental, technical, and quantitative analysis. Prior to a career in tech stocks journalism he was a technology and semiconductor analyst with a research team.

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