EUIPO Updates Guidance on TM Applications for NFTs and Virtual Goods

Metaverse and virtual products have recently garnered considerable worldwide attention from investors, stakeholders and brand owners. With the rise of this new market, many of the world’s most known brand owners have filed applications to register their trademarks for use in the virtual world and by way of non-fungible tokens (NFTs).

In response to the increase of trademark applications containing the terms “non-fungible tokens (NFTs)” and “virtual goods” that it has received in recent months, the European Union Intellectual Property Office (EUIPO) has recently published initial guidance on the approach that the Office is taking for classification of virtual goods and NFTs.

This approach is set out in the 2023 EUIPO Guidelines, which are currently at the draft stage and under review by stakeholders.

The EUIPO treats NFTs as “unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items”. It states that virtual goods and NFTs fall under Class 9 of the Nice Classification, as they are treated as images or digital content. The services relating to virtual goods and NFTs will be classified in line with the current practice.

However, the terms “NFTs” and “virtual goods” are not acceptable on their own, when applying to the EUIPO, hence the content to which the digital goods relate, and the digital item authenticated by the NFT must be specified. The 12th Edition of the Nice Classification, released in 2023, will incorporate the term “downloadable digital files authenticated by non-fungible tokens” in Class 9.