In a world that is increasingly challenged by the application of new technologies and their dizzying development, it is common for our clients to find themselves faced with new market prospects and questions about the proper protection of their assets in terms of intellectual and industrial property, both physically and digitally.<\/p>\n\n\n\n
In this sense, it is worth noting the recent wide interference in the market of the commercial possibilities of what is called Web 3.0, as well as the Metaverse and NFTs (Non-Fungible Token).<\/p>\n\n\n\n
With regard to industrial and intellectual property, it should be noted that current laws do not limit the scope of protection, which is why violations can be prosecuted both in physical and virtual environments, since the registration of a the right in the corresponding entity grants commercial exclusivity rights to the owner, as well as an exclusive right against third parties who commit infringements against their rights.<\/p>\n\n\n\n
In relation to the clearest infringements that have been recently detected, it can be found as an example, the unauthorized use of recognized trademarks in NFTs in skins, avatars, and clothing, consumer products, and digital designs applied to software or massive online video games. Likewise, use of the reputation of globally recognized brands has also been detected, in which the consumer is given to understand that an NFT is endorsed by said mark, since the NFT itself is an attempt to misappropriate the accreditation of the mark.<\/p>\n\n\n\n
Bearing in mind everything that has been exposed so far, we must pay particular attention to the novelty of this medium and its specificities. Although it is not allowed to exploit NFTs of registered trademarks, nor to take advantage of their reputation without authorization, it is also true that the risk of confusion that applies to a consumer of a non-digital media and a consumer of a digital media can vary considerably, since it is assumed that a consumer of a digital medium is a more educated and specialized consumer. Likewise, attention should be paid to the fact that, in litigation against third parties, there is currently no large and established body of jurisprudence, due to the very novelty of these new technologies. Finally, it is necessary to dwell on the fact that, despite the records made in the last two years to exploit and protect the identity of marks in relation to the Metaverse and NFTs, the Nice Classification system has not officially added, to date, no explicit reference to the classification of goods or services related to the Metaverse and NFTs, although it is possible to deduce the main classes by analogy and by virtue of the registration trends that are currently operating.<\/p>\n\n\n\n
Regarding these trends and in order to obtain protection and exclusivity over trademarks in the Metaverse and as NFTs, the following stand out mainly:<\/p>\n\n\n\n
– Class 9<\/strong>, heading that includes: software and downloadable virtual goods; downloadable digital product software and accessories, among other related products.<\/p>\n\n\n\n – Class 41:<\/strong> video game services; online provision of images and audio; non-downloadable online video games; non-downloadable software and virtual goods; digital products and accessories computer programs for online use; among other related services.<\/p>\n\n\n\n Likewise, it is worth noting that class 35<\/strong>, which covers digital store services, including stores established in the Metaverse.<\/p>\n\n\n\n Finally, and as a complementary vision, depending on each particular case, the possibility of registering the trademark must be evaluated, together with the registration in classes 9 and 41, and if class 35 fits, in the classes that classically cover these products and \/ or services in the non-digital medium. In order to facilitate the correct exploitation and protection of our clients’ marks, C.G. MATUTE & ASOCIADOS makes its audit service available in order to review, in case of interest, existing trademarks and adapt them to the new dynamics posed by Web 3.0 and the Metaverse, outlining a registration strategy that meets the needs specific to our clients.<\/p>\n","protected":false},"excerpt":{"rendered":" In a world that is increasingly challenged by the application of new technologies and their dizzying development, it is common for our clients to find themselves faced with new market prospects and questions about the proper protection of their assets in terms of intellectual and industrial property, both physically and digitally. In this sense, it… Leer m\u00e1s »Trademarks and their relationship with Web 3.0, NFTs and the Metaverse<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":2996,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[84],"tags":[],"class_list":["post-3002","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-sin-categoria-en"],"_links":{"self":[{"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=\/wp\/v2\/posts\/3002","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3002"}],"version-history":[{"count":0,"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=\/wp\/v2\/posts\/3002\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=\/wp\/v2\/media\/2996"}],"wp:attachment":[{"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3002"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3002"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cgmatute.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3002"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}