With an increased number of large companies like Louis Vuitton, Gucci, Nike, and Adidas filing applications for the usage of their trademarks in the virtual world and in connection with non-fungible tokens (NFTs); the EU Intellectual Property Office provided some initial guidelines on its method of classification. This is an attempt by companies to protect their assets and trademarks in the real world and the virtual world.
In relation to the EUIPO’s classifications, it includes virtual goods under Class 9 as “they are treated as digital content or images.” It also sets out a new definition for NFTs, which asserts that they are “treated as unique digital certificates registered in a blockchain, which authenticate digital items but are distinct from those digital items.”
According to the EUIPO the term non-fungible token on its own will henceforth not be acceptable. These clarifications are expected to simplify the application procedure and the burden on the applicant, and the guidance is welcome to avoid any processes due to the non-acceptance of NFTs.
This guidance provided by the EUIPO is set out in the 2023 draft Guidelines. This follows a number of metaverse directed application made by Nike to the US Patents and Trademark Office. This action is one of the substantive actions taken up since the Nike USPTO application.
The feedback expected from the USPTO in response to the application is expected to serve as a blueprint for those in USA who wish to apply for use of their trademarks in the metaverse.