According to a recent notification from the European Union Intellectual Property Office (“EUIPO”), services related to virtual goods and non-fungible tokens (NFTs) will henceforth be categorized in line with the generally recognized rules of classification for services. As a result, these terms will now be defined in the amended Nice Classification (12th edition), which will take effect on January 1, 2023. The inclusion of such terms is justified by the increase in trademark applications for virtual products and NFTs that have been submitted to the EUIPO in recent years.
Since virtual goods are considered digital content or images, the EUIPO makes it apparent that class 9 is acceptable for them. But, according to the EUIPO, a classification for just “virtual goods” would not be considered to have a sufficient degree of clarity or accuracy. So, it is crucial that more information be given that defines the subject matter with which the goods are associated. As an illustration, class 9’s definition of “downloadable virtual goods” is “computer programs featuring footwear and clothing for use online and in online virtual worlds.”
Furthermore confirmed by the EUIPO is that class 9 of the 12th edition of the Nice Classification would include “downloadable digital files authenticated by non-fungible tokens.” The EUIPO considers NFTs as discrete digital certificates that are registered on a blockchain and certify digital objects while remaining separate from those objects themselves. The EUIPO believes that “non-fungible tokens” alone would not be adequate services in the case of virtual products, and as a result, the precise sort of digital object that has to be validated must be stated. For instance, “providing an online virtual environment for trading virtual art and virtual art tokens” in class 35 or “downloadable music authenticated by NFTs” in class 9.
The increase in these types of applications in recent years is a noticeable indication that virtual products and NFTs are increasingly being acknowledged as valuable assets for enterprises that operate within the industry.
There are 45 classes in the Nice Classification, 34 of which are for goods and 11 for services. Each class includes class titles, explanations, and a long list of different goods and services, and terms that have been approved by the trademark authorities as adequately specified and may be used without issue in the application process. The Nice Classification is periodically updated and undergoes a complete revision every five years in order to remain current with developments.
Leave a Reply