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Trademark filings to identify virtual goods and non-fungible tokens (NFTs) are increasing. Trademark Offices, especially the European Union Intellectual Property Office (EUIPO), have been addressing this issue in order to assess and clarify what classes these products should be classified in. The EUIPO has recently issued an official communication clarifying their position on this issue:

In June 2022, the 12th edition of the Nice Classification, which will enter into force on 1 January 2023, has been published in advanced, and it already shows "downloadable digital files authenticated by non-fungible tokens" in class 9.
As for services related to this type of goods, they will have to be classified in accordance with the general rules for the classification of services.

Claudia Sotomayor
Attorney at Law

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