Metaverse is one of the trendiest topics in recent years around the world. As a result, many companies have started to file trademarks related to virtual goods and services in analog to physical ones. The reason is that these virtual goods can be traded in the Metaverse. However, some companies try to monopolize the word Metaverse itself.
This is the case with the Polish company Oshee Polska which has filed applications for the following two European word marks:
- METAVERSE FOOD in classes 5, 29, 30 и 32 (food and drinks)
- METAVERSE DRINK in classes 32 (drinks)
The EUIPO refused registration based on absolute grounds – lack of distinctive character. The Applicant’s expressed a counter-argument that Metaverse could have low distinctiveness but only for virtual goods whereas in the case at hand the signs target real, physical goods.
The Board of Appeal dismissed this argument stating that many companies use a virtual world called Metaverse in order to offer and sell not only virtual goods but physical analogs too. This practice was very similar to sales of real goods through the internet.
From that perspective, the signs applied for are still not distinctive in relation to the goods in their applications.
The strange moment here is the fact that there are other already registered marks covering Metaverse for physical goods.
Most likely the reason for such inconsistency in the Office practice is the fact that this Meta area is new and constantly developing, which obviously changes the Office’s own practice on that matter.
INTELLECTUAL PROPERTY PLANET 