BOIP is increasingly receiving trademark applications with terms relating to virtual goods and non-fungible tokens (NFTs). We also regularly receive queries about them from our customers. In the article below we explain how we deal with them.
What are NFTs?
NFTs (non-fungible tokens) are unique digital certificates of value that are recorded on a blockchain. They authenticate digital items but are separate from those digital items.
NFTs and classification
BOIP’s classification approach is as follows:
- Virtual goods are not classified in the same class as the corresponding physical goods. Rather, they are always classified in class 9, along with other digital and/or downloadable goods. ‘Digital clothing’ is therefore not classified in class 25, but in class 9.
- The term ‘virtual goods’ in itself is actually not sufficiently clear and precise. More specification is needed regarding the content to which those goods relate: for instance, ‘downloadable virtual goods, namely virtual clothing’.
- The same goes for NFT: the term ‘NFT’ in itself is not acceptable and must be accompanied by an explanation.
Classification of services
Services relating to virtual goods and NFTs are classified according to the established principles for the classification of goods and services. BOIP’s practice here is aligned with that of EUIPO.
Examples
You will find some examples of acceptable terms below:
Virtual goods |
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Class 9 Software for the visualization of virtual goods, namely... Digital downloadable goods, namely avatars for use in video games. |
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Class 35 Retail services in virtual goods, such as…. |
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Class 41 Entertainment using virtual goods. Entertainment by proposing virtual games in which services may also be provided, such as… |
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Class 42 IT services for the creation of an online virtual environment. |
NFTs |
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Class 9 Digital certificates of ownership (NFTs). Non downloadable digital certificates of ownership in the form of NFTs. Non-fungible tokens (NFTs), being digital certificates of ownership representing virtual goods. |
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Class 35 Retail services in virtual goods, for which an NFT has been issued. |
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Class 36 Exchange services for non-fungible tokens of value (NFTs). |
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Class 41 Entertainment using virtual goods for which an NFT has been issued. |