The metaverse is no longer just science fiction — it’s becoming part of everyday business. Many brands are exploring new ways to interact and sell in virtual environments. But this new territory raises important questions around trademark protection. Unlike the physical world, the metaverse has no borders.
This presents a challenge in Latin America, where trademark laws are territorial — valid only within each country.
Brands like Nike and Gucci are already selling digital goods authenticated by NFTs. But it’s important to remember: an NFT proves ownership of a digital item. It does not automatically grant intellectual property rights over the content it represents. In other words: trademark registration is still essential. Even if your product exists only in virtual environments, it must be officially registered to carry legal value and be protected.
So how do current laws respond to this new context?
Several IP offices in Latin America now accept digital-related terms — typically in Class 9 (digital goods and software) and Class 41 (virtual services and entertainment). This is a positive development, but the interpretation of these rules still varies by country. If your brand operates in multiple markets, it’s important to check the local requirements in each one.
If your brand is exploring the metaverse, two key steps are essential:
- Register your trademark in both physical and digital classes.
- Monitor and act quickly against unauthorized uses and infringements.
The metaverse offers new opportunities… but also new risks. Being informed and acting proactively is the best way to ensure your brand is protected in this expanding digital space.