Legal Feasibility of Trademarks Protection in the Metaverse Through Registration

Document Type : Original Article

Authors

1 Private Department, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

The metaverse, as a virtual world parallel to the physical environment, presents new opportunities for business owners. However, the emergence of this new world also poses challenges for intellectual property rights holders, particularly trademark owners. This article examines trademark registration within the metaverse, addressing key questions such as: What are the specific regulations governing trademark registration in the metaverse? Is independent trademark registration required to secure exclusive rights in this virtual space? what criteria must be fulfilled? How does metaverse trademark registration differ from the registration in the physical world? Can existing physical world trademarks be extended to the metaverse, or is a new registration essential? Conducted through an analytical-descriptive methodology and library research, this study reveals the importance of distinct trademark registrations for virtual goods and services within the metaverse. To protect trademarks in this digital environment, registration in metaverse-specific classes is a must, regardless of prior physical world registrations. In order to protect trademarks effectively in the metaverse, it is essential to enact new laws and regulations that account for the unique characteristics of this virtual space. Fundamental concepts such as the metaverse, virtual goods, and virtual trademarks require precise definition, and appropriate classifications for metaverse goods and services must be established.

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History

  • Receive Date: 17 August 2024
  • Revise Date: 29 November 2024
  • Accept Date: 17 December 2024

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