The boundaries of trademark protection are expanding in this digital era. Within the fascinating world of the metaverse, a whole new realm of intellectual property (IP) challenges emerges. The task of outlining and upholding trademark protections in this digital dimension requires meticulous attention to guarantee that cherished brands remain safeguarded. The deeply engaging environment of the metaverse underscores the importance of establishing precise regulations on how traditional trademark concepts will be upheld within its vast virtual domains.

The usage of trademarks in social media has been growing exponentially for the last 15 years. For many businesses, it has become a necessity to use online platforms such as Facebook, Instagram and X to promote their business. In acknowledgement of the tremendous traffic in the social networks and the requirement of protection of IP rights including trademark, social networks provide dedicated information and a portal to report any infringement of IP rights. They also regularly censor, take down content from their networks in order to avoid possible infringement. The very public nature of these digital platforms demands a systematic approach that safeguards not only the commercial interests of companies but also respects the individual rights of users.

There are non-traditional trademarks such as that of “tiffany blue” which offers even richer opportunities to differentiate their brands against competitors and strengthen brand to effectively preserve their distinctive color that consumers rely on. A diverse range of non-traditional marks such as sounds marks, scents, colors, texture or feel marks and even product shapes are in need of trademark protection. The personality or publicity rights are not statutory but are protected under copyright and trademark laws. Although there have been some cases, such as in India the Amitabh Bachchan case, however there has not been any in Bangladesh. Companies must adapt to these changes by implementing effective monitoring systems and collaborating with online platforms to prevent counterfeit goods from being sold. The widespread commercialization of rights and personality, it is crucial to ensure that the legal frameworks remain relevant and adaptive in an environment where branding strategies continue to evolve beyond conventional norms.

The law has to keep up with the pace of the advancement of technology and hence legislators and industry experts are regularly required to explore the uncharted territories within the realm of trademark law and as guardians of law and legal professionals, are tasked with charting a course that will shape the future landscape of trademark regulations and protection. Many popular brands that operate globally have started to increase restrictions in fear of copyright infringements. In addition, the thriving digital marketplace poses distinct obstacles when it comes to upholding brand restrictions. The internet’s decentralized structure and the potential for anonymity can cultivate conditions that encourage the unauthorized use of trademarks.

Without proper measures in place, the issue of IP protection in new digital ecosystems will continue to pose challenges for businesses, consumers, and lawmakers alike. Although legislation in some countries such as the USA mandates designation of dedicated agent to report infringement, there are no such requirements in Bangladesh till date, however in case of any infringement of IP rights, protections under the traditional laws are available. Having the Smart Bangladesh Vision by 2041, it is likely that necessary legislation regulation may be enacted as per the global practice in order to strengthen the businesses and other entities.

As in the past, there is no alternative to multiple filing in different jurisdictions for ensuring protection of IP rights. The Madrid Protocol is a convenient and efficient way for trademark owners worldwide to file one application to register their trademark in multiple countries. A company can file for and manage your trademark’s protection in more than 120 countries and regional intellectual property offices using a single streamlined application and payment process. “Madrid Protocol” is the common name for the international trademark registration treaty that makes this process possible.

Globally there is an increasing trend in the use of Non-Fungible Tokens introducing us to a fresh dimension to the concept of possession. These digital tokens, anchored in blockchain technology, offer a one-of-a-kind representation of tangible or virtual assets, commonly linked to fields such as art, collectibles, and unique experiences that may also become subject to online counterfeiting and brand impersonation on social media. There is no option but to stay informed on how these advancements intersect with trademark law and there is no doubt that the rise of digital ecosystems has brought about new challenges for trademark law.

With the emergence of online marketplaces and social media platforms, infringement in the digital realm is harder to detect and enforce due to its global nature and anonymity. There is no alternative to multifaceted approaches to ensure protection of IP rights in this digital age. The legislators have to keep pace with the tremendous advancement of technologies. The concept of protection as we know it will change and take form as per the need of the time. Principles need to be established however policies on protection and enforcement needs to be fluid and free flowing in order to adapt with the fast-evolving digital world.

Co-operation amongst multi-layered stakeholders which includes governments IP departments/ registrars, industry experts, legislators, lawyers and most importantly the innovators, owners and the creators are essential to ensure that creativity and innovation continue to thrive in the digital age. In that way not only complex challenges can be identified but also innovative solutions may be tailored to protect the creators as well as the consumers. Smart Bangladesh if it truly wants its vision to become a reality, strengthening policies to support innovation and AI, there should be regular consultations amongst stakeholders on the requirement of continuous reform/ amendments to existing laws and regulations to cope up and develop new strategies to protect intellectual property rights within the digital world in a collaborative manner.