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EUIPO’s approach to virtual goods and NFTs

For classification purposes, the European Union Intellectual Property Office (EUIPO) has published a short guidance on Metaverse and NFTs trademarks, explaining that the virtual goods are treated as digital content or images, therefore they will be registered in Class 9, however must be further specified by stating the content to which the virtual goods relate.

On the other hand, EUIPO considers that the term NFT on its own is not acceptable as it is treated as a unique digital certificate registered in a blockchain, which authenticates digital items but is distinct from those digital items, hence the type of digital item authenticated by the NFT must be specified.

There has been an exponential increase in the application for registration of trademarks for services in Metaverse and non-fungible tokens (NFTs).

Starting in 2023, the 12th Edition of the Nice Classification will enter into force and will incorporate the term “downloadable digital files authenticated by non-fungible tokens” in Class 9.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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