Metaverse Trademark in Canada

What is the Metaverse?

There is no one definition for "Metaverse". The Metaverse is a virtual space where users can interact with a virtual environment and each other in an immersive way. The Metaverse can be a simulation of reality with a mixture of created and real elements. There are numerous definitions for "Metaverse" and it has yet to be fully created as anticipated. 

The best examples of the Metaverse are found in gaming where users are able to interact with virtual environments, make payment using digital currency, and level up a virtual character profile which is bound to that user.

There are numerous legal considerations that apply to the Metaverse, including trademark considerations. As discussed in the article What is a Trademark, a trademark is defined as follows:

• a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or 
• a certification mark.

A trademark can either be registered or unregistered. See the article Need a Trademark for a detailed discussed on what a registered trademark is and its benefits.

Current Trademark Registration

If you are the owner of a Canadian trademark registration, it may be a good opportunity to audit the goods and/or services covered by your Canadian trademark registration. As a result of the push to implement digital spaces where users can interact with virtual and real components, including goods and/or services, your trademark protection strategy may not have considered how your trademark can, or will, be used in the Metaverse. Although there may be some protection for your trademark registration as applied to the Metaverse, there could be gaps in your registered trademark when used in the Metaverse, which could lead to, amongst other things, unnecessary disputes with other parties.

It is a good idea to speak to your Canadian trademark agent or trademark lawyer to discuss your trademark portfolio and developing trademark strategies. Trademark strategy and protection is a dynamic process that requires ongoing consideration.

Metaverse Trademark Application

Similar to any other Canadian trademark application, a trademark application meant to cover goods and/or services offered in the Metaverse should be drafted to include a statement in ordinary commercial terms of the goods or services in association with which the trademark is used or proposed to be used. 

A trademark applicant can work with their trademark agent or trademark lawyer to devise a strategy in regard to trademark protection that includes elements of the developing Metaverse.

Goods/Services Matter

Trademark confusion is an important aspect of trademark law in Canada. Confusion between trademarks can be used to assess, amongst other things, the registrability of a trademark application, whether a person is entitled to use a trademark in Canada, or whether use of a registered trademark infringes the exclusive rights afforded under the Trademarks Act.  

A part of the confusion analysis is an analysis of the goods/services. It is therefore important to ensure that a registered trademark in Canada is afforded as much protection as desired by a trademark owner. A trademark applicant who has evaluated their trademark protection strategy from the beginning of their trademark journey or a trademark owner who constantly reviews their trademark portfolio to ensure as much protection is afforded may be in a better position in the future to assert their rights over other parties.

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