Protecting NFTs And Cryptofinance Services As Trade Marks

The EUIPO recently published new guidance on the classification of trade mark applications for non-fungible tokens (NFTs). This guidance is helpful as we are seeing many filings in this area; however, further clarification may be needed.

The EUIPO guidance is available here. In summary, it states that:

• Virtual goods are proper to class 9 because they are treated as digital content or images, but the term virtual goods on its own lacks clarity and precision, so the content to which the virtual goods relate must be specified.
• The 12^th edition of the Nice Classification will incorporate the term "downloadable digital files authenticated by non-fungible tokens" in class 9. The term NFT on its own is not acceptable and the type of digital item authenticated by the NFT must be specified.