VIRTUAL GOODS, NON-FUNGIBLE TOKENS AND THE NICE CLASSIFICATION
The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) is a tool for applicants to guide them in drafting the wording of goods and services in relation to their field of activity. It is recalled that this classification comprises 45 classes broken down into classes of goods (classes 1-34) and classes of services (classes 35-45). It was instituted by the Nice Agreement (1957) and is regularly updated in order to follow, among other things, the evolution of technologies.
For example, due to the popularity of non-fungible tokens (NFT), the 12th edition of the Nice classification, which will come into force on January 1, 2023, will include them in class 9, with the following wording: “downloadable digital files authenticated by non-fungible tokens”. The European Union Intellectual Property Office (EUIPO) stated in a press release dated June 23, 2022 that “the term non-fungible tokens as such is not acceptable. The type of digital element authenticated by the NFT must be specified”.
As for virtual goods, the EUIPO added in the same release that these “fall under Class 9 because they are treated as digital content or images.” The Office also indicates that the term “virtual goods” itself lacks clarity and precision and that it will therefore be necessary to be more explicit as to the content to which said goods relate. This is illustrated by an example relating to clothing: “downloadable virtual products, namely, virtual clothing”.
This new “virtual market” being evolutionary, the wording of the products and services relating to it are certainly not completely fixed…
To be continued
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