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Article

An Overview of the Trademark in the Metaverse Under UAE Law

Dec 01, 2023

DOI:

Published in: 2023 24th International Arab Conference on Information Technology, ACIT 2023

This study thoroughly explores the metaverse and assesses trademark status within its realm according to the UAE Federal Decree Law on trademarks. The research endeavors to comprehend the level of trademark protection in the metaverse as per the UAE Federal Decree Law on Trademarks, addressing pressing concerns through a set of key inquiries. Noteworthy findings include the recognition, under Federal Decree Law No. 36 of 2021 on Trademarks, of specific trademark forms suitable for the metaverse, such as 3D and hologram marks. The study also identifies eligible categories for trademark registration in the metaverse, encompassing downloadable digital files with non-fungible tokens, retail stores, and entertainment services. Moreover, the research reveals that the rights of a trademark owner in the physical world extend seamlessly into the metaverse, irrespective of prior registration. This aligns with judicial precedents in foreign courts, emphasizing the artistic or commercial nature rather than the chronological priority of registration, as demonstrated by the Rogers test. In light of these findings, the research puts forth practical recommendations. It advocates for the introduction of sub-categories in the Nice Classification dedicated to virtual goods and proposes amendments to Article 11 to accommodate the metaverse's impact. Additionally, the study emphasizes the need for the Ministry of Economy to elucidate metaverse trademark registration procedures and provide comprehensive guidelines for individuals and trademark owners, thereby enhancing clarity in this dynamic and evolving landscape

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