The U.S. District Court of New York recently ruled on the world’s “first Metaverse trademark infringement case”, but the conflict between the new business model of the Metaverse and the established trademark system reflected in this case is only the tip of the iceberg. whether the registration classification should respond to the increasing number of virtual goods at the trademark registration stage; In the stage of trademark infringement, whether trademark use is a precondition for infringement and how to apply the rules for determining trademark use. The crux of these challenges lies in the lag of legislative provisions, the essence of which is still the contradiction between law and the evolving science and technology. Accordingly, it is necessary to discuss the possibility of including the category of “virtual goods” in China’s trademark registration system, the necessity of trademark use as a precondition for infringement in the Metaverse commercial transaction model, and the adaptability of its identification rules under the Metaverse business model, based on similar cases and practical experience at home and abroad.