The challenges and opportunities posed by the metaverse to trademark protection

Abstract

The aim of this article is to discuss the challenges and opportunities that Metaverse represents for trademark protection. The Metaverse can be understood as a virtual world that promotes interaction between people and between people and companies, through digital avatars. In turn, trademarks generally represent the intellectual property asset most valued by companies. Managing the protection given to trademarks by intellectual property, limited by principles such as territoriality and specialty, emerges as an immense challenge for companies, but it opens up new opportunities for managing the trademark portfolio and image. To achieve this objective, the exploratory and qualitative method used was supported by doctrinal and case law analysis, as well as documentary analysis of surveys intended for Decentraland, the Metaverse manager. The results are expected to strengthen the issue of the protection granted to trademarks by intellectual property, given the emergence of the Metaverse. As conclusions, there are more questions and queries that will be raised as a way to foster debate.