The EUIPO is witnessing an increasing number of applications with terms relating to virtual goods and non-fungible tokens (NFTs). In response, the Office has announced in its official communication that it proposes to take the following approach for classification purposes.

• “Virtual goods are proper to Class 9 because they are treated as digital content or images. However, the term virtual goods on its own lacks clarity and precision, so it must be further specified by stating the content to which the virtual goods relate (e.g. downloadable virtual goods, namely, virtual clothing).
• The 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9. NFTs are treated as unique digital certificates registered in a blockchain, which authenticate digital items but are distinct from those digital items. For the Office, the term non-fungible tokens on its own is not acceptable. The type of digital item authenticated by the NFT must be specified.”

Services relating to virtual goods and NFTs will be classified in line with the established principles of classification for services. The Office’s approach is outlined in the 2023 draft Guidelines on which stakeholders have the opportunity to comment by 3 October 2022. ECTA will also be providing its comments within the deadline.

As a current very hot topic, ECTA will hold a workshop dedicated to NFTs (Ljubljana, Slovenia - 14 October 2022), moderated by Chris Hoole (ECTA EUIPO-Link and Copyright Committee, Appleyard Lees, UK), where the panel will discuss and dissect the wider implications of NFTs, as witnessed from the viewpoint of IP practitioners and the commercial sector. Save the date, the registration will be launched soon!