Guidelines for Designated Goods and Designated Services Related to Virtual Environments and Non-Fungible Tokens (NFTs)

April, 2024
(Update: January, 2025)
Trademark Division

In recent years, the use of virtual environments for business has been increasing, and applications for trademark registration designating goods and services related to virtual environments are on the rise.

In addition, Class 9 "downloadable virtual clothing", Class 35 "online retail services for downloadable virtual clothing", etc. were added to "International Classification of Goods and Services 12th edition, version 2024 " under the Nice Agreement.

In response to these additions, Guidelines for Designated Goods and Designated Services Related to Virtual Environments and Non-Fungible Tokens (NFTs) have been prepared as follows to clarify the current practice.

In addition, the Trademark Examination Manual 46.02 "Designated Goods and Designated Services Related to Virtual Environments and Non-Fungible Tokens (NFTs)(PDF:154KB)" is published to the same effect.

1. Virtual goods and services that deal with them

(1) Indications that are acceptable as designated goods or designated services

A. Virtual goods displaying products^*1 defined by the Trademark Act

In this manual, the term "virtual goods" refers^*2 to "digital data for displaying the shape of goods or the like in virtual environments." An example of "virtual goods" includes "virtual clothing," which refers to "digital data for displaying the shape of clothing in virtual environments."

However, the term "virtual goods" is unclear and too broad as a description of designated goods, due to the ambiguity surrounding the shape of the goods or the like it refers to. Moreover, even if "virtual clothing" is considered to be an imitation of "clothing," it is not a term commonly known to the general public and remains unclear as a description of the designated goods.

Therefore, when "virtual goods" are described as designated goods in Japan, the term "downloadable" should be added at the beginning to clarify that they are digital data, and they should be described as Class 9 "downloadable virtual ○○" (Note).

(Note) In principle, "○○" are indications that are acceptable as designated goods, such as products listed in the "Examination Guidelines for Similar Goods and Services." However, as an exception, intangible goods like "computer programs" are acceptable as indications for designated goods, but cannot be described in the "○○" part because they are not visible and do not meet the definition of virtual goods, which is "for displaying the shape of goods or the like".

Below are examples of indications that are acceptable as designated goods for "virtual goods" and designated services handling "virtual goods" and similar group codes^*3.

^*1 In the "lexical interpretation" of Article 2 of the Trademark Act in the "Article-by-Article Explanation of the Industrial Property Act (Industrial Property Law) [22nd Edition]," "goods" are defined as "objects that can be the subject of commercial transactions, especially personal property."

^*2 Virtual environments refer to "a virtual three-dimensional space built on the Internet where many people can participate and where participants can act freely." Source: Project 2020 to Promote the Overseas Development of Content (Research and Analysis Project on the Future Potential and Issues of Virtual Environments), page 4 https://www.meti.go.jp/policy/mono_info_service/contents/downloadfiles/report/kasou-houkoku.pdf (PDF, external link)

^*3 The classes, indications, and similar group codes may be changed in the future in accordance with changes in the international classification, and the like (the same applies below).

^*4 "NCL entry" refers to indications listed in the alphabetical list of the International Classification of Goods and Services

B. Others

The term "avatar" used in virtual environments (an original character that acts as a user's alter ego and has various experiences in a virtual environment on the Internet, such as chatting or walking)^*5 should be described as Class 9 "downloadable avatars." The description of "downloadable virtual avatars" is also acceptable.

^*5 SANSEIDO’S CONCISE DICTIONARY OF KATAKANA WORDS 4th Edition" (Sanseido Co., Ltd.)

(2) Indications that are unclear as designated goods or designated services

A. Cases where the "○○" part is unclear

If "virtual goods" are described as designated goods, as in (1) above, they should be described as Class 9 "downloadable virtual ○○." However, if "○○" cannot be used alone as designated goods, it should be treated as an unclear indication as designated goods.

Below are examples of indications where "○○" alone are unclear as designated goods or designated services handling "virtual goods."

B. Cases with indications other than "downloadable virtual ○○"

If "virtual goods" are described as designated goods, as in (1) above, they should be described as Class 9 "downloadable virtual ○○." Therefore, any other indication, as shown below, should be treated as an unclear indication as designated goods. The same applies when "virtual goods" are described in retail services.

C. Cases where indications that can be interpreted as virtual goods are filed in a class other than Class 9.

Since "downloadable virtual ○○" are classified as goods in Class 9, if, for example, the indication of "downloadable virtual ○○" or "virtual ○○"(which could be interpreted as virtual goods) is filed in a class other than Class 9, it will be treated as an unclear indication as designated goods.

2. Services provided in virtual environments

(1) Indications that are acceptable as designated services

In principle, services provided in virtual environments that have the same objects and results as services provided in reality are classified in the same class as services provided in reality and are assigned the same similar group codes.

Below are examples of indications and similar group codes that are acceptable for services provided in virtual environments, where the objects and results of the service are the same in virtual and real environments.

(2) Indications that are unclear as designated services

If the objects or results of services provided in virtual environments differ from those of services provided in reality, it becomes difficult to understand the services provided in virtual environments, so they are treated as unclear indications as designated services.

Below are examples of unclear indications as designated services provided in virtual environments because the objects and results of the services differ in virtual and real environments.

(Note) The above alternatives and similar group codes are for this example and services with different objects and results in virtual environments and reality are not necessarily acceptable with such class, indication and similar group codes and should be considered carefully.

3. Designated goods and designated services related to non-fungible tokens (NFTs)

(1) Indications that are acceptable as designated goods or designated services

A "non-fungible token (NFT)" is "digital data that cannot be falsified or tampered with." It provides uniqueness to the digital data on the blockchain, ensuring authenticity and allowing tracking of transaction histories.^*6

Additionally, this term is used to describe "something valuable that is not a reproduction, such as artwork, and embedded with information proving that it is the only unique set of data." ^*7

Although the meaning of "non-fungible token (NFT)," "non-fungible token," and "NFT" cannot be specified or clarified in isolation , they are acceptable if used as indications of designated goods or designated services as follows,.

(Note) The terms "non-fungible token (NFT)," "non-fungible token," and NFT" are interchangeable.

^*6 Ministry of Economy, Trade and Industry, "The Future of Regulations and Systems in the Digital Age," 4th Industrial Structure Council, Committee on New Direction of Economic and Industrial Policies, Secretariat Briefing Materials (Feb. 2022) https://www.meti.go.jp/shingikai/sankoshin/shin_kijiku/pdf/004_05_00.pdf (external link)

^*7 Digital Daijisen "NFT" (Shogakukan, last viewed on Mar. 19, 2024) https://kotobank.jp/word/NFT-2783796 (external link)

(2) Indications that are unclear as designated goods or designated services

Because the meaning of "non-fungible token" and "NFT" cannot be specified in isolation, they are treated as unclear indications as designated goods or designated services.

4. Date Applied

This handling applies to applications for trademark registration pending with the Japan Patent Office on the publication date (March 29, 2024), or applications filed on or after the publication date, including designated goods and designated services related to virtual environments and non-fungible tokens (NFTs).

[Last updated 29 January 2025]

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