IP & METAVERSE in the MENA Region
As technology continues to advance, so do the ways in which brands are represented and protected. With the rise of the Metaverse and the increasing significance of digital assets, it has become essential for businesses to adapt their trademark strategies accordingly.
In line with these technological advancements, we would like to inform you of an important update regarding the protection of your trademarks in the Metaverse. With the introduction of the 12th Edition of the Nice Classification, effective January 1, 2024, virtual goods, and services have been incorporated. Therefore, we strongly recommend considering refiling your trademarks under the following classes, depending on your trademark field:
Class 9:
“Downloadable digital image files authenticated by non-fungible tokens [NFTs].”
“Downloadable computer software applications for minting non-fungible tokens [NFTs]”
“Downloadable digital music files authenticated by non-fungible tokens [NFTs]”
Class 25:
“Clothing authenticated by non-fungible tokens [NFTs]”
Class 35:
“Provision of an online marketplace for buyers and sellers of downloadable digital image files authenticated by non-fungible tokens [NFTs]”
“Retail services relating to downloadable digital image files authenticated by non-fungible tokens [NFTs]”
Class 42:
“Providing online non-downloadable computer software for minting non-fungible tokens [NFTs]”
By incorporating this specification into your trademark registration, you will enhance the protection of your brand in the virtual realm. Non-fungible tokens (NFTs), as unique digital tokens stored on blockchain networks, provide an innovative means of authenticating digital assets, including images, videos, and multimedia content. Linking your digital image files with NFT authentication establishes a clear and verifiable connection between your brand and its virtual representations in the Metaverse. This measure will also deter others from using your trademark on their virtual goods and services.
A recent case involving Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (S.D.N.Y., Feb 2, 2023), illustrates the importance of trademark protection in the digital landscape.
This proactive approach will not only safeguard your trademarks against potential infringement and unauthorized use but also reinforce your brand’s presence and authenticity in digital environments. As the Metaverse continues to evolve, ensuring comprehensive protection of your intellectual property rights is crucial.
If you would like to proceed with refiling your trademarks in Class 9 to include the specified specification, please let us know. We are here to assist you every step of the way.
Written by our Legal Consultant: Ms. Shaimaa El-Dib
