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ARTICLE · 29 AUGUST 2023

Trade Mark Classification of Virtual Goods and NFTs in Australia

Spruson & Ferguson Lawyers
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IP Australia released new guidance on trade mark classification of emerging technologies, including NFTs and virtual goods.

AustraliaIntellectual Property
Daniel Wilson
Daniel Wilson
Chelsea Peters
Chelsea Peters
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Following on from our recent article regarding NFTs, the complicated relationship with real-world products, and trade marks office practices, on 10 August 2023, IP Australia released new guidance on trade mark classification of emerging technologies, including NFTs and virtual goods. In terms of seeking trade mark registration for virtual goods, NFTs and blockchain technology, IP Australia has provided the following guidelines:

Virtual goods and services

  • Trade marks relating to virtual goods are properly classified in Class 9. The terms "virtual goods" and "downloadable goods" lack specificity and are unacceptable. The nature of the virtual goods must be specified, for example, "downloadable virtual clothing".

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