On 11 February 2022, Oshee Polska Sp. z. o. o. applied to register two EUTM applications – one for METAVERSE FOOD covering pharmaceutical preparations, supplements, foodstuffs and drinks in classes 5, 29, 30 and 32, and the other for METAVERSE DRINK covering drinks in class 32.
The EUIPO refused both applications on the grounds of non-distinctiveness and, more particularly, on the basis that the goods applied for would be perceived as being made available to consumers in a virtual world (i.e. in the Metaverse).