The Metaverse has quickly become more than just a buzzword—it is now a new frontier for commerce, social interaction, and creativity. Philippine businesses, both large and small, are beginning to explore how they can expand their presence into this immersive digital space. However, as with any marketplace, questions of intellectual property (IP) rights—particularly trademarks and copyrights—are becoming central.
In the Philippines, the Intellectual Property Office of the Philippines (IPOPHL) regulates and enforces intellectual property rights. Just as in the physical world, securing protection for your brand and creative works in the Metaverse is critical to maintaining reputation, preventing misuse, and building trust with customers.
This guide explains how Philippine businesses can protect their trademarks and copyrights in the Metaverse, drawing from IPOPHL rules, recent disputes, and lessons from global trends.
The Metaverse is a collective digital universe where users interact in real time through avatars, virtual spaces, and blockchain-backed assets such as NFTs. Think of it as an evolving internet—more immersive and more commercial.
In this environment, businesses sell virtual goods (clothes, accessories, furniture, even land) and provide virtual services (education, concerts, professional meetings). Just as in real life, consumers rely on brands to distinguish authentic goods and services from counterfeits or imitations.
A trademark represents your brand identity—your name, logo, slogan, or other distinctive signs. Infringement in the Metaverse can damage a business as much as, or even more than, infringement in the real world because of the speed and scale at which digital content spreads.
For example, Nike sued StockX in the U.S. for selling unauthorized NFT versions of its sneakers. Although this case did not occur in the Philippines, it shows how brands must act quickly in the Metaverse. If a Philippine clothing brand’s logo were copied and sold as NFTs on a virtual platform, IPOPHL rules on trademark infringement could apply, provided the use creates confusion in trade.
In the Philippines, the IP Code (R.A. 8293) defines trademark infringement as the unauthorized use of a mark that is identical or confusingly similar to a registered mark. This same principle could extend to virtual goods in the Metaverse.
In the Philippines, the following may be protected as trademarks (and are equally applicable to the Metaverse):
Importantly, trademarks in the Metaverse may also extend to 3D designs (e.g., a uniquely shaped bottle or shoe) and interactive brand experiences.
While trademarks protect brand identity, copyright protects original creative works such as artworks, music, software, and architecture. In the Metaverse, copyright issues arise with:
For example, in the Philippines, the copyright dispute “Ladlad vs. COMELEC” (2010) affirmed the principle that original works, including creative expressions in new mediums, enjoy protection under copyright law. This reasoning can extend to works published in the Metaverse.
The procedure to register a trademark with IPOPHL involves:
This process applies equally to marks intended for use in the Metaverse.
The decision depends on your business strategy:
For example, Class 9 (software, digital goods) and Class 35 (business services) may be relevant for Metaverse-related marks.
The Metaverse blurs jurisdiction—your mark may be infringed by an avatar from anywhere in the world. While IPOPHL jurisdiction applies in the Philippines, enforcement abroad may require reliance on WIPO treaties or partnerships with other national IP offices.
Case example: In Levi Strauss & Co. v. Clinton Apparelle, Inc. (G.R. No. 138900, 2002), the Philippine Supreme Court upheld the strong protection of famous marks against confusingly similar logos. If a similar case arose in the Metaverse (e.g., a virtual jeans shop using “Livi’s”), IPOPHL could apply the same principles.
The Metaverse is still developing, but businesses that prepare early can safeguard their brand identity and creative works. By using IPOPHL’s existing trademark and copyright framework, monitoring new risks, and enforcing rights when necessary, Philippine businesses can protect their reputation and thrive in virtual spaces.
The rule is simple: If it’s valuable in the real world, it’s worth protecting in the Metaverse.