The metaverse is an emerging sphere of technology that provides businesses with a new way to offer virtual goods and services. This can be a powerful tool for branding and building a business. Like traditional forms of branding, businesses should strongly consider securing trademarks for their metaverse products and services to protect their intellectual property from infringement. If you are a business owner with questions about trademarks and the metaverse, the team of experienced intellectual property lawyers at War IP Law, PLLC is here to help. Contact us today at (202) 800-3754 to learn more.

What Is the Metaverse?

The metaverse does not refer to a specific technology, but rather a transformation in how people interact with technology. A study published in the National Library of Medicine says that the main feature of the metaverse is the merging of the virtual and physical worlds. When tech companies discuss the metaverse, they may be referring to a wide range of technologies that involve humans interacting with either fully virtual or partially virtual worlds. This could include everything from immersive video games to augmented reality (AR) environments that combine elements of the “real” and “virtual” worlds, to full-scale virtual universes that use virtual reality (VR) technologies. 

Different tech companies have different visions of what the metaverse will be. Several companies view it as a new digital economy that will allow users and businesses to create, buy, and sell goods and services. Businesses that operate in these new metaverse technologies will need to protect the intellectual property of their branding in the same way as they do for traditional forms of branding: through trademark registration. 

Metaverse Uses for Businesses

Businesses in many industries should be aware of the emerging metaverse and what these new technologies could mean for their companies. The metaverse will likely be a major virtual shopping platform where consumers can purchase both virtual and physical products. In addition, these new technologies will likely have a significant impact on marketing and branding for businesses in a wide range of industries. 

How the Metaverse Will Affect Marketing

The metaverse will provide businesses with a new medium for reaching customers. In addition, companies will be able to collect consumer data based on user behaviors and interactions in the metaverse. Metaverse users can interact with each other, participate in digital commerce, travel to new places, learn new things, and engage with a wide variety of content. 

Marketing teams can use this data to implement strategies that raise sales and brand awareness for the company, both in the metaverse and in the real world. 

Branding in the Metaverse

If the metaverse is envisioned as a separate digital world, then companies will need to take branding as seriously as they do in the “real world.” As these technologies gain more users, innovative businesses will take advantage of the metaverse’s new branding and advertising opportunities. Some examples of these new branding opportunities include:

  • Signs and displays for virtual stores
  • Virtual product placement in video games and other virtual experiences
  • NFTs and other digital products
  • Virtual events in the metaverse

Businesses that are building a branding strategy for the metaverse should take the time to understand trademarks and the metaverse. Logos, slogans, and other pieces of intellectual property associated with the brand should always be trademarked, both in the real world and in digital environments like the metaverse. You can learn more about trademarks and the metaverse, and how this can impact your intellectual property rights by speaking with the intellectual property lawyers of War IP Law, PLLC.

Why Do Businesses Need Metaverse Trademarks?

Brand protection is essential for all businesses in the real world, and the metaverse is no different in this regard. Trademark registration has always been one of the best ways to protect intellectual property. Trademarking a company’s name, logo, and slogan, and enforcing those trademarks ensures that no other company can use similar marks for similar goods and/or services. A trademark gives the company exclusive use rights for the registered goods and/or services and ensures that its branding is only associated with its products. Failing to register a trademark puts the branding at risk of being used by third parties, which could confuse consumers regarding the source of the entity behind the branding. 

Along with protecting branding from third-party use, trademarking a brand in the metaverse offers direct benefits to companies. The trademark can boost consumer confidence, trust, and value in the brand. A strong and protected branding strategy will also make it easier to connect with customers and can help cut marketing costs, as strong branding is a powerful marketing tool.

How to File for a Metaverse Trademark

Trademarking metaverse content is the same as trademarking any other piece of branding. Businesses should apply for a trademark with the United States Patent and Trademark Office (USPTO). Trademark applications can be filed online through the USPTO’s Trademark Electronic Application System (TEAS) and the USPTO also accepts paper applications. Before applying, businesses should conduct a trademark search to make sure that the trademark is available and not already in use by another company.

Trademark applications for the metaverse and all other uses should include all of the following information:

  • Owner of the trademark and their contact information
  • Type of trademark – either standard character, special character, or a sound mark
  • A drawing of the trademark and a specimen (something that shows how the trademark is used for goods and services)
  • Identification of the goods and services that are associated with the trademark
  • A filing basis – either use in commerce if the trademark is already in use with goods and services, or intent to use for those who plan to use the trademark in the future

Contact Our Intellectual Property Lawyers to Learn More

In a world where technology is constantly evolving at a rapid rate, smart business owners look toward the future and consider how they can use new technologies to improve their companies. The metaverse could be the next major technology transformation with major ramifications for a wide range of industries. If you are considering improving your branding by building a metaverse presence and have questions about trademarks and the metaverse, War IP Law, PLLC is here to help. Contact our intellectual property lawyers today at (202) 800-3754.