UKIPO Publishes New Trademark Guidelines For The Digital Space

The UK Intellectual Property Office (UKIPO) has released guidance on how virtual goods and services, also known as non-fungible tokens (NFTs), and digital goods available in the metaverse need to be classified for trademark purposes.

UKIPO publishes new trademark guidelines for NFTs, metaverse, and digital goods

According to UKIPO, an NFT is a unique unit of data that is associated with a given piece of digital art, video, or music. This digital art can be purchased and sold. UKIPO says that an NFT does not have adequate specifications, adding that these digital assets can be used for authentication purposes.

UKIPO noted that NFTs need to be classified under the same category as the one that includes digital files that can be downloaded and authenticated using NFTs. However, NFTs include physical and virtual assets, where physical goods are defined as being verified using NFTs.

UKIPO has also shared its new guidelines on virtual goods, saying that they are intangible items representing real-life assets. These virtual assets can be traded within games and online communities. Some of the largest brands across different industries have shown interest in the virtual space.

UKIPO has also clarified a query to a question raised by several IP professionals and brand owners. The organization has answered the question of whether virtual goods need to be registered in the applicable classes to their physical equivalent. Additionally, it has also provided an answer on whether the IPO considers that these goods be registered under class 9 despite the nature of the underlying goods.

On the matter of the specifications for virtual goods, the issue has mirrored the position on physical goods. The use of the term virtual goods is not fully definitive. Therefore, registration will require that the virtual goods be clearly defined.

New guidelines also involve the metaverse

A majority of services, especially those offered in-person, including training, are available online. UKIPO has shared the appropriate class for each virtual service. The specification also needs to list particular services and how these services will be available online.

UKIPO has also defined the metaverse as a form of digital reality that allows people to access virtual worlds and interact with others. One of the example of action within the metaverse includes the Fortnite game that allows players to create their own virtual world and share their experiences with other players, including participating in concerts hosted by popular musicians.

According to UKIPO, there was a need for physical services to be offered through the metaverse. However, the institution has clarified that both physical and metaverse services will be classified the same. The relevant asset class will be the relevant one to the underlying service.

The recent guidance shared by UKIPO on the matter has offered clarity to the current approach being used. The agency has noted that the technology industry was fast evolving, and there was a need to ensure that the guidance was updated as the technology changes. As such, it was important to detect the relevant trademark classes and draft accurate specifications.