Is it possible to register a trademark in the metaverse?
Times are changing. What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO. If you already own registered trademarks for goods and services in the real world, it certainly makes sense to trademark in the metaverse as well.
How do you trademark in the metaverse?
Every USPTO trademark application must identify at least two things. First, specify the mark. Are we dealing with a word mark or design mark?
Second, identify the virtual goods to be used in the metaverse under the mark. This is a critically important area of a trademark application that would warrant the assistance of an experienced trademark attorney. Misidentifying your goods or services could lead to delay and possibly a void application that would require you to start over.
If you have existing registered trademarks for related goods in the real world, it would certainly make sense to identify those trademark registrations in any new applications for digital goods.
What are examples of virtual goods that can be trademarked?
Nearly all real world products can become virtual goods. Will you also be offering services related to virtual products? For example, here are certain goods and services that your trademark in the metaverse may cover.
- retail store services featuring virtual goods {specify} for use in online virtual worlds
- entertainment services, namely, providing online, non-downloadable virtual {specify goods} for use in virtual environments created for entertainment purposes
Land grab for trademarks in the metaverse?
Whenever a new frontier emerges, you can expect a surge of activity. Everyone is trying to grab as much IP as they can in the virtual Wild West. Be careful though. Just because a particular famous brand has not yet been registered in the virtual world does not mean it is available for anyone to take. There may obstacles to such virtual squatting such as likelihood of confusion with trademarks for similar goods in the real world.
How quickly should you file for trademarks in the metaverse?
The sooner, the better. Trademark applications are examined in the order they are received by the USPTO. Assuming that your trademark is not famous, you will not have the luxury of trademark examiners blocking third party applications because they somehow remember your brand. File first before others.
Need to register a metaverse trademark?
Reach out to patent and trademark attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can protect your trademark for digital products in the virtual world.
