Best Practices for Drafting Trademark Applications for the Metaverse, NFTs, and Blockchain

The Metaverse, Non-Fungible Tokens (NFTs), and Blockchain are transforming how people engage with digital assets. As these technologies become mainstream, businesses in the Philippines and abroad are realizing the importance of protecting their intellectual property (IP) in this new digital frontier.

One of the most effective tools for protecting brand identity in these spaces is trademark registration. A trademark is any sign, symbol, word, or logo that distinguishes goods or services from competitors. In virtual platforms like the Metaverse or in NFT marketplaces, trademarks help establish credibility, build consumer trust, and prevent brand misuse.

IPOPHL Trademark Protection in the Digital Economy

Registering trademarks in the Philippines is done with the Intellectual Property Office of the Philippines (IPOPHL). Once registered, the trademark owner can prevent others from using confusingly similar marks in commerce, including in digital environments like NFT marketplaces or metaverse platforms.

The Philippine Rules on Trademarks allow businesses to file applications in specific classes depending on the nature of the goods or services:

• NFTs (Non-Fungible Tokens): These unique blockchain-based digital assets (such as art, music, or collectibles) may fall under:
  • Class 9 (digital goods, software)
  • Class 16 (printed works linked to NFTs)
  • Class 41 (entertainment services, e.g., NFT-based gaming).
• Metaverse Services: Virtual environments (AR/VR platforms, virtual malls, etc.) may be protected under:
  • Class 42 (software development, hosting virtual worlds),
  • Class 41 (virtual concerts, entertainment, e-sports).
• Blockchain Services: Trademark filings may cover:
  • Class 42 (software/blockchain infrastructure),
  • Class 36 (financial services such as blockchain-based payment systems).
• Cryptocurrency Platforms: While the currency itself cannot be trademarked (e.g., “Bitcoin”), related services like exchanges, wallets, or financial products can be filed under Class 36.
• Web 3.0 Applications: Smart contracts and decentralized apps may fall under Class 9 (software) and Class 42 (software development).

IPOPHL Procedures for New Tech Filings

At IPOPHL, the trademark application process typically follows these steps:

1. Application & Formality Examination – IPOPHL assigns an application number.
2. Substantive Examination – Examiners review the mark against existing records.
3. Publication in the IPO Gazette – Opens for opposition from third parties.
4. Opposition Proceedings (if filed) – Handled by the Bureau of Legal Affairs.
5. Allowance or Refusal – If allowed, a Certificate of Registration is issued.

Appeals can be elevated to the IPOPHL Director General, Court of Appeals, and ultimately the Supreme Court.

Real-World Case Examples in the Philippines

• Adidas v. Forever21 (2018) – Though not about NFTs, this case highlighted how international brands enforce marks in the Philippines, showing that IPOPHL and courts protect well-known marks even against local companies using them in unrelated markets.
• Jollibee’s Strict Brand Protection – Jollibee Foods Corp. actively files opposition cases against businesses using confusingly similar marks, ensuring that their brand remains strong both in the Philippines and internationally. In the future, the same logic would apply to metaverse Jollibee stores or NFT collectibles.
• Foreign IP Holders in PH – Foreign companies (e.g., those entering the local NFT art or gaming space) are required by law to appoint a local IP agent such as Brealant, Hechanova, or Federis to handle IPOPHL filings.

Copyright Considerations in NFTs and Metaverse

Aside from trademarks, copyright law also plays a key role in digital asset protection:

• NFTs and Copyright: The sale of an NFT usually transfers ownership of the token, not the underlying copyright. For example, if an artist mints an NFT of digital artwork, the buyer gets the NFT but not necessarily the right to reproduce or commercially exploit the artwork unless expressly transferred under copyright agreements.
• Metaverse Content: Virtual fashion designs, music streamed in virtual concerts, and digital architecture are automatically protected by copyright once created, but registration with IPOPHL’s Bureau of Copyright and Related Rights (BCRR) strengthens legal claims.

Best Practices for Filing in Emerging Tech

1. Conduct a Comprehensive Search – Ensure your mark does not conflict with existing trademarks in IPOPHL’s database.
2. Choose the Correct Class(es) – Filing in the wrong class could leave your mark unprotected.
3. Draft Precise Descriptions – Clearly define whether your NFT is art, entertainment, or software.
4. Plan for Global Expansion – Many businesses seek protection in ASEAN and WIPO systems for broader coverage.
5. Consult an IP Agent – For foreigners, this is mandatory; for locals, it ensures fewer errors.

Conclusion

The rise of NFTs, Metaverse services, Blockchain, and Web 3.0 is reshaping the global digital economy. In the Philippines, IPOPHL provides clear procedures for protecting trademarks and copyrights in these areas.

By filing correctly, monitoring for infringement, and working with experienced IP firms like Brealant Inc., businesses can secure their digital brands and confidently explore opportunities in the evolving virtual landscape.

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