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Trademark Protection Strategies: Web 3.0 and Trademark Protection
I. Introduction
The blockchain technology has enabled the rise of virtual currencies and NFTs as well as their transactions. The virtual world of metaverse is the way of the future. ChatGPT, an AI chatbot developed by OpenAI, has ushered in an AI trend that has sent shockwaves across industries. The innovations of Web 3.0, including blockchain, big data, virtual reality, and AI, have connected the real and the virtual worlds, presenting all kinds of business opportunities available in the virtual economy of the future. In all probability, the trend of going virtual means the protection of trademarks afforded by brands will also apply to the virtual world.
II. Trademark Strategies
Through the lens of some of the features of Web 3.0, including AI, blockchain, virtual currency and NFT, and the virtual world of metaverse, we provide a preliminary analysis of the specifications of goods and services that should be considered for purposes of trademark protection for devising an all-around trademark strategy for the virtual world.
(i) Artificial intelligence
Artificial intelligence (AI) is the technology of using computer programs to simulate human intelligence, the essence of which is its software-based algorithm. AI could also refer to a system that operates in a mode similar to the thinking, cognitive architecture, and neural network of humans.
With respect to a past trend of employing AI to applications of robots, the kinds of "robots" relevant to purposes of trademark protection potentially involved "industrial robots," "surgical robots, nanorobots and nanites for medical purposes," and even "robots for entertainment; teaching robots" that can be used directly by the general public.
Through big data collection, learning and computing, ChatGPT—a recent craze—is capable of conducting conversations and editing data. The trademark filing information released in online database of Taiwan Intellectual Property Office (TIPO) lists the goods and services designated for the trademark "ChatGPT" as filed by OpenAI. The specifications cover both downloadable software (goods) and non-downloadable software (services), specifically "downloadable software for the artificial production of human speech and text" and "providing online, non-downloadable software for the artificial production of human speech and text"
For AI developers (organizations or companies) providing AI development services, it will be necessary to include such services as "artificial intelligence consultancy; research in the field of artificial intelligence technology; research, design and development of computer programs and software" in their trademark filings.
(ii) Blockchain, virtual currency and NFT
Blockchain is a peer-to-peer network that utilizes cryptography and consensus mechanisms to create and store large amounts of transaction records on "chains of blocks." Currently, the largest application of blockchain technology is virtual currency, such as Bitcoin. Non-fungible tokens (NFTs) are also a type of digital cryptocurrency. Each and every token can represent a unique piece of digital data, such as an image, an audio file, a video, a game project, a post on social media, or a creative work in any digital format. NFTs are certificates confirming ownership of the foregoing digital files.
In accordance with the development of technological trends, the goods and services related to blockchain technology, virtual currency and NFTs have been specified in the 12th Edition of the Nice Classification of Goods and Services. Relevant goods may include "downloadable digital files authenticated by non-fungible tokens; downloadable computer software for managing crypto asset transactions using blockchain technology; downloadable cryptographic keys for receiving and spending crypto assets." Relevant services may include "financial exchange of virtual currencies; electronic transfer of virtual currencies; electronic transfer of crypto assets; financial exchange of crypto assets; electronic funds transfer provided via blockchain technology" and "user authentication services using blockchain technology; mining of crypto assets / cryptomining."
(iii) The virtual world of metaverse
The metaverse is a network of 3-D virtual world focused on social connections. This manmade virtual environment will be accessible through the use of virtual reality (VR) glasses, augmented reality (AR) glasses, mobile phones, personal computers, and electronic game machines.
Some of the most promising business opportunities come from the various virtual goods and services existing in the virtual world. Fundamentally, they are "downloadable software programs" and "virtual image files or software, not downloadable." Specifically, they may be "downloadable virtual product computer software" and "providing online image files of virtual goods, not downloadable; providing online virtual product computer software, not downloadable." For trademark filings pertaining to marketing and entertainment, "retail services for virtual goods" and "providing online game entertainment services using various virtual images" should be indispensable.
In addition, the 12th edition of Nice Classification has added the following specifications of goods and services in connection with the virtual world of metaverse: "devices for the projection of virtual keyboards," "providing online virtual guided tours," and "providing virtual computer systems via cloud computing."
III. Conclusion
With developers continuing their work of research and development on the various new technologies of Web 3.0 and constantly making progress and breakthroughs, the specifications of goods and services designated for use by trademarks will continue to be redefined to reflect the latest advancements of these new technologies. The trademark filing practices of the majority of countries do not require that certain fixed terms be used for the specifications of goods and services designated for trademarks—applicants are free to come up with their own definitions and descriptions for the said specifications. However, to prevent ambiguous definitions and wrong classifications in such specifications causing delay or hindrance to the examination process—such delay or hindrance could cause the trademark registration to be ineffective in protecting the specifications that truly matter—we recommend that applicants consult with professional trademark agents on specifications of goods and services before filing for registration. This would help clarify the scope of protection afforded by the trademark and give you the valuable time needed to devise trademark strategies for getting ahead in the new era of the web.