Metaverse Trademarks: India's Readiness For Virtual Branding Rights
- IJLLR Journal
- Oct 19
- 2 min read
Arpit Jain, Lloyd Law College
ABSTRACT
The metaverse, where augmented reality (AR), virtual reality (VR), and blockchain technologies converge, is transforming commerce, entertainment, and personal identity in digital realms. As brands flock to platforms like Decentraland and Roblox to promote virtual goods, apparel, and immersive experiences, safeguarding trademarks emerges as a critical legal challenge. In India, the Trade Marks Act, 1999 offers a basic framework, but its relevance to virtual assets and non-fungible tokens (NFTs) is still evolving and largely uncharted.
This paper analyses early trademark filings for metaverse-related innovations under Classes 9 and 41, spotlighting initiatives by global players like Walmart and Vogue, alongside Indian brands such as Ajio Luxe, to protect digital assets and services. It highlights the hurdles confronting India’s Trade Marks Registry, including administrative bottlenecks and the lack of tailored guidelines or judicial precedents.
Drawing on foundational principles like distinctiveness, likelihood of confusion, dilution, and rights exhaustion, the study applies analogical insights from landmark cases such as Tata Sons v. Greenpeace (2011) to expose gaps in addressing infringement, fair use, and exhaustion in virtual spaces. It also delves into the regulatory ambiguities surrounding NFT-based trademarks within India’s burgeoning Web3 landscape, encompassing taxation under the Income Tax Act (§2(47A)), foreign exchange under FEMA, and securities under the SCRA (§2(ac)). A comparative lens with the U.S. and EU referencing pivotal rulings like Hermès v. Rothschild (2023) and Nike v. StockX (2022) underscores India’s comparative delays in classification and enforcement.
To bridge these gaps, the paper proposes actionable reforms: issuing specialized guidelines from the Trade Marks Registry for virtual goods, creating a new Class 46 dedicated to digital assets, and integrating blockchain for evidentiary purposes. It calls for alignment with WIPO and FATF standards to bolster cross-border enforcement and transparency. Ultimately, by refining doctrinal frameworks and syncing with global best practices, India can strengthen its intellectual property ecosystem, fostering metaverse innovation while ensuring secure virtual branding and ownership.
