How EUIPO classifies NFTs and virtual goods

EUIPO will not accept "virtual goods" or "NFTs" as a specification on their own. Both terms need the underlying item named. "Downloadable digital art authenticated by an NFT" in Class 9 is accepted. "NFTs" is not.

This comes from the EUIPO Trade mark Guidelines, which set out how EUIPO examines these terms, and follows the 12th Edition of the Nice Classification, which added "downloadable digital files authenticated by non-fungible tokens" to Class 9.

What wording does EUIPO accept?

The rule behind all three: name the thing, then say it is virtual or authenticated by a token. The token is not the goods. It is a record of an interest in the goods, which EUIPO defines as a unique digital certificate recording an interest of some kind in an item.

Which class does a virtual service go in?

The one its real-world equivalent would go in, judged by what the service actually does.

Transport services move people or goods between physical places, so they sit in Class 39. A service that moves an avatar around a game is entertainment, so it sits in Class 41. The virtual wrapper does not change the classification; the underlying activity does.

Why the wording matters

Your registration only covers what the specification says. A term EUIPO refuses costs you an examination round and a deadline. A term that is accepted but vaguer than your actual business leaves gaps a competitor can file into.

This is the same problem as picking the right classes for any filing, with less settled practice to fall back on.

If you are filing for virtual goods, the specification is where the work is. We draft it as part of an EU filing.