When approaching the issue of trademark registration, it is known – in Brazil, but also throughout the world, of course – how important such protection is, both for the owner companies themselves and for third parties. The owner of the trademark certificate issued by Brazilian Patent and Trademark Office has the right to use it exclusively within Brazilian Territory on the ground of article 129, of the Brazilian Industrial Property Law.
With the increasing advance of the metaverse, it has become noticeable in Brazil the search for trademark protection in this environment – most relevant examples of TM owners include large companies such as Microsoft, Disney, Adidas, McDonald’s, Nike, among others. The main goal here is to avoid possible infringements, as well as to offer and identify their products/services in a virtual platform.
With respect to the trademark registration in the metaverse environment before the Brazilian Patent and Trademark Office (“INPI”), due to the novelty of the subject, there is still no specific registration procedure. However, what we have seen are common requests for the filing of trademarks that include, in their specifications, terms related to the metaverse, such as “digital content”; “virtual reality”; “virtual community”; “blockchain/cryptoactives”; “digital transformation”; “cloud computing” etc.
Thus, even if in a simpler, cruder manner, it is possible – and recommended – from now on to request trademark protection that will cover companies’ operations, products and services in the metaverse environment. We understand this channel has already been fully opened in terms of Brazil and the INPI.
