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The European Union Intellectual Property Office updates the application guidelines for NFT and virtual goods trademarks

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Block

Time:8/17/2022 12:32:07 PM

[European Union Intellectual Property Office Updates NFT and Virtual Goods Trademark Application Guidelines] Jinse Finance reported that in response to the sudden increase in trademark applications containing virtual goods and NFT-related terms, the European Union Intellectual Property Office (EUIPO), which is responsible for EU trademark registration, issued a guideline on virtual goods. A guide to how to categorize items and NFTs. This approach is included in the 2023 edition of the draft guidance "Main reference points for users of the EUIPO system".

EUIPO defines NFT as "a unique digital certificate registered in the blockchain for the verification of digital items, but which is different from these digital items".

According to the EUIPO, virtual goods and NFTs fall under category 9 of the Nice Classification. This is because they are considered digital content-zce or images. The terms "virtual goods" and "NFT" are not acceptable by themselves when filing an application with the EUIPO. Instead, the content-zce of the item associated with the virtual good must be specific (e.g. "virtual good, which is virtual clothing"). For NFTs, the digital item verified by the NFT must also be concrete. In the 12th edition of the Nice Classification, to be published in 2023, the term "Downloadable Digital File Verifiable by NFT" will be added to Class 9. (China Intellectual Property Protection Network)

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