It is estimated that in 2025 the metaverse will have an industry value of 800 million dollars.
Around 1,730 users who have access to mobile virtual reality.
The metaverse promises new experiences to users who have access to it.
Faced with constant technological evolution, brands adapt to new business models. Certain companies are rushing to register their trademarks in the metaverse, although it is not yet a reality. This new virtual world promises new experiences to users who have access to it.
The metaverse is a virtual intercommunication network where users can access various events: sporting events, concerts, museums, participate in video games, buy virtual or real products and goods. When Mark Zuckerberg explained this virtual space, he indicated that users will have the ability to interact and connect with others to play, work, shop and explore from anywhere in the real world. According to official figures, the owner of Facebook invested 18.5 million dollars in its virtual reality and augmented reality division.
It is estimated that by 2025, The metaverse has an industry value of $800 million.. Secondly, users who have access to mobile augmented reality is 1,730.
Brands present in the metaverse
Faced with this new development, companies have begun to turn to the metaverse with the main intention of protecting their brands within this new virtual world. To register a mark in the metaverse, An adequate legal strategy is needed, in addition to licenses for use, terms and conditions on the part of the companies to prevent them from appropriating their trademarks.
For this reason it is recommended to register trademarks in the category of virtual products and services so that they have complete protection. Many clothing, cosmetic and footwear companies, among others; have chosen to apply for registration in the European Union and the United States. The registration of trademarks in the metaverse will also allow users to make use of them within the virtual world, as is the case with some luxury brands such as Gucci Y Louis Vuitton have already released skins for digital avatars.
The actions that companies are taking to adapt to the new digital environment have to do with filing applications to register trademarks for the use of their virtual products. The registration is made in relation to the division of the international classification of products known as ‘Nisa Classification’, some of the companies that have registered their trademarks for the use of their downloadable virtual products are class 9 computer programs, commercial services with class 35 virtual goods, class 35 entertainment services, NFTs and virtual goods not downloaded online class 42 and financial services, including class 36 digital tokens.
Among the brands that have already entered the metaverse are McDonald’s, Nike, L’Oreal, Adidas, Prada, Ralph Lauren, Dior, Balenciaga, Converse, Sony, Coca-Cola, Ferrari, Levi Strauss, New Balance Athletics, Versache, Heineken , Unilever, L’Oreal, Sotheby’s and Samsung, just to name a few.
Does Mexico have any legislation to protect trademarks?
Unfortunately the Federal Law for the Protection of Industrial Property does not yet contemplate use cases in the metaverse, however, it can be applied in the part of infractions when the owner has registered his trademark in the products or services covered by the registration. The offenses that can be applied are:
- unfair competition
- The simulated association of marks
- Unauthorized use of a trademark
In Mexico there are still no cases reported to the Mexican Institute of Industrial Property (IMPI)as has happened with other cases for the use of domain names, the use of trademarks in search engines and social networks.
Secondly, Federal Copyright Law could also cover brands that are entering the metaverse, since it establishes that the author or owner of a work has the right to authorize or prohibit its use in any medium. By spreading a brand in the metaverse, if someone else wants to make use of it, he would need the full authorization of the company; but if it is shared or used without authorization, a crime would already be committed and the sanction could be compensation for damages to the company that owns the brand.
Although the metaverse is somewhat attractive due to the ability to interact with other individuals in a virtual world, the importance of protecting and enforcing trademark rights must be taken into account for companies to market, promote and advertise their products. and services safely.
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