IP Australia releases guidelines on trade mark classification for emerging technologies

Many of our client’s are seeking protection for trade marks related to virtual goods, metaverse, NFTs, and blockchain technology. To assist in protecting the trade marks of these emerging technologies, IP Australia has released guidelines for acceptable classification and descriptions.

Descriptions

Broad terms, such as “virtual goods”, “non-fungible tokens (NFTs)” and “blockchain” won’t be accepted in Class 9 without clarification. Applications must specify the exact nature of the virtual goods or NFTs. An acceptable example is “downloadable virtual clothing” or “downloadable basketball player image files authenticated by non-fungible tokens (NFTs)”.

Classification

Virtual services that don’t have an impact in the real world are likely to be classified as entertainment services in Class 41. For example, a virtual restaurant that only appears in an online environment and doesn’t provide physical food would be classified in Class 41 as an entertainment service, not in Class 43 because only the avatar consumes the virtual food.

How can we help?

You can access a copy of IP Australia’s published guidelines here: file:///C:/Users/Natasha/Downloads/Guidance_document_virtual_goods_metaverse_NFTs_blockchain%20(1).pdf.

IP Australia’s practice brings it in line with other IP offices around the world. However, it is important to remember that it is still the case that the China National Intellectual Property Administration (CNIPA) will not register trade marks that describe crypto goods or services.

If you have any questions about protecting your trade mark for emerging technologies, you can contact our team here: