Insurance has the potential to play an important role in climate change, which is often defined as a deep environment that is designed to be an extension or equivalent of the real world. For example, we can imagine situations where consumers want insurance to protect some of the main assets of these countries such as personal data, digital assets and digital assets – such as Non-Fungible Tokens (NFTs). Or maybe the insurance gives orders to employers who have started to provide their workplace in a visible place and are worried about “fair harassment” or “discrimination”. Insurers may also seek to open virtual shops where “real world” insurance is sold to consumers, or provide a virtual platform that allows consumers to submit complaints remotely after meeting with an agent in the event. Regardless of whether one thinks that insurance will play a significant role in climate change, recent articles by this major insurer shed light on a question that needs to be addressed in the near future –Insurers have to file brand names to protect their brand in the world?
To help you answer this question, you can start by reviewing our blog post that summarizes all the information related to the registration of business documents for businesses and services that have recently happened: Considerations for Applying to Register Trademarks Related to Visual Goods and Services – An Overview of Protecting Your Brand in the Metaverse – TCAM Today. Applying those concepts to the insurance industry raises similar questions but may lead to a different system than that used in clothing and retail. As mentioned in the blog post, goods and services are divided between 45 classes at the US Patent and Trademark Office (USPTO). Although insurance and financial services fall under Class 36, some insurance provided in the metaverse may be in Class 9 or 42 (software), Class 35 (advertising/business), or 41 (educational and entertainment services). Due to these differences in classifications, insurers should consider whether they have traditionally applied for, managed or promoted their products in classes 9, 35, 41 and 42. insurers can rely on their existing rights to use the “metaverse” of third party. But if the insurance company allowed similar marks in these classes to “exist” with its brand, or did not control these classes, we can think of other cases where an investigator would think that Class 36 insurance is different from Class 9 or 42 software services, commercial services for Class 35, or Class 41 entertainment.
Filing of the metaverse in the insurance sector can be very important compared to other industries such as fashion, where some people can create fraudulent products. But the active insurers may choose to die to reduce the doubt whether their existing registrations will be sufficient to prevent the use and registration of similar tokens for goods and services that were previously thought to be incompatible in many cases, such as downloadable software or Non-Fungible Tokens (which may enter in class 9) and insurance applications or insurance documents (which may be included in Class 36). In addition, requesting the registration of marks on goods and services that may cost less than the “squatters” who try to register valuable insurance marks. In any case, insurers need to strengthen their due diligence activities, to prevent other people from using their benefits on the site. And, of course, if the insurance company intends to provide coverage in the next three years, the “need to use” marketing materials should be considered.
As always, the lawyers at Faegre Drinker will be happy to analyze these difficult questions and provide guidance on whether the application of real goods and services, or to review and ensure compliance, would be a wise investment for your company.