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

April, 2024
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. About virtual goods

(1)Definition

In this manual, the term "virtual goods" refers to "digital data for displaying the shape of the goods or the like mainly in virtual environments^*1." Example of "virtual goods" include "virtual clothing," which refers to "digital data for displaying the shape of the clothing in virtual environments.”

The term "virtual goods" alone is not acceptable as an indication of designated goods or designated services because it is unclear and broad as to what goods, etc., it represents. Furthermore, even if "virtual clothing" is considered to be an imitation of "clothing," it is not a term commonly known to the general public and is still unclear, so that it is not acceptable as an indication of designated goods or designated services.

However, as an exception, the indication shown in (2) below is acceptable from the viewpoint of harmonizing operations with other countries.

^*1 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: https://www.meti.go.jp/policy/mono_info_service/contents/downloadfiles/report/kasou-houkoku.pdf ^*Only available in Japanese

(2)Acceptable indication and similar group codes^*2

Ⅰ Indications that are acceptable after the publication of this manual

^*2 The classes, indications, and similar group codes may be changed in the future in line with changes in the international classification, and the like (the same applies below).

^*3 "NCL entry" refers to indications listed in the alphabetical list of the International Classification of Goods and Services.

Ⅱ Indications that are acceptable continuing from before the publication of this manual (example)

In principle, in the indications offered in Ⅰ and Ⅱ above, the part "clothing" can be replaced by any goods listed in the Examination Guidelines for Similar Goods and Services or the like (in other words, it can be replaced by an indication that is acceptable as an indication of the designated goods alone).

Hereinafter, “clothing” or any indication of goods that can replace “clothing” is referred to as “◯◯”.

(3)Indications that are unacceptable

Indications corresponding to any of Ⅰ to Ⅲ below are unacceptable.

Ⅰ Indications in which the “◯◯” part is broad and unclear

In the indication to be interpreted as virtual goods, the "◯◯" must, in principle, be an indication that is acceptable as an indication of designated goods alone (see (2) above). If the "◯◯" part is broad and unclear, it is not acceptable.

(Example)

Ⅱ Confusing indication with Class 9 "downloadable virtual ◯◯" or Class 35 "retail services for downloadable virtual ◯◯"

There is still no generally accepted definition of virtual goods, and it can not be said that terms such as "virtual ◯◯" are widely used. Therefore, with regard to the indications listed in (2)Ⅰ above, only indications that are consistent with these terms are considered clear, and in principle, confusing indications are unacceptable.

(Example)

The indications other than "virtual ◯◯" are not acceptable, even if "downloadable" is added at the beginning because they are inconsistent with "downloadable virtual ◯◯." Namely, for example, Class 9 "virtual clothing," "virtual goods featuring clothing," "downloadable virtual goods featuring clothing," and the like are unacceptable.

The indications other than "retail services for virtual ◯◯" are not acceptable even if "downloadable" is added before “virtual”.

Ⅲ Indications that can be interpreted as virtual goods designated in a class of goods other than Class 9.

Downloadable virtual goods are not classified other than in Class 9. Therefore, if "downloadable virtual ◯◯" and the indication "virtual ◯◯" that can be interpreted as virtual goods are designated in the class other than Class 9, it is unacceptable.

(Example)

2. Designated Services related to Virtual Environments

(1)Acceptable indications and similar group codes

Ⅰ Indications relating to providing the virtual environment platform itself (example)

The aforementioned services of Class 38 are those that provide communication lines.

The aforementioned services of Class 42 are those that allow users to use platforms through communication lines.

Ⅱ Indications relating to providing services on the virtual environment platform (example)

(2)The concept of classes and similar group codes

The indication of "△△ in virtual environments" ("△△" represents any service indication) belongs in principle to the same class as "△△" and is given the same similar group code if the purpose or result of the service does not change compared to "△△" in reality.

Ⅰ Examples that the purpose and the results of services remain the same in virtual environment and reality, and are acceptable in the same class and similar group codes

Ⅱ Examples that the purpose and the results of services are different in virtual environment and reality, and are not acceptable in the same class and similar group codes

Class 43 "providing foods and beverages" (42B01) involves consumption of real food and beverages, but "providing foods and beverages in virtual environments" does not involve consumption of real food and beverages, and the purpose and results of the services are different.

Therefore, "providing foods and beverages in virtual environments" is unacceptable in Class 43 (42B01). As an alternative, the indication of Class 41 "simulated restaurant services provided in virtual environments for entertainment purposes" (41K01 41Z99) can be considered.

(Note that the alternative above and similar group codes are for this example, and services with different purposes and results in virtual environments and reality are not necessarily acceptable with such class, indication, and similar group codes.)

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

(1)Definition

A “non-fungible token (NFT)” is “digital data that cannot be falsified or tampered with.” It has a function of providing uniqueness to the digital data on the blockchain to ensure authenticity, and a function of allowing tracking of transaction histories. ^*4

In addition, this term is also used in the meaning of "something valuable that is not a reproduction, such as artwork, and that is embedded with information proving that it is the only one set of data. " ^*5

Accordingly, “non-fungible token (NFT), “non-fungible token,” and “NFT” are unacceptable as indications of designated goods or designated services because their meanings cannot be specified or clarified alone. However, it is acceptable if the indications are like those shown in (2) and (3) below.

^*4 Source: https://www.meti.go.jp/shingikai/sankoshin/shin_kijiku/pdf/004_05_00.pdf ^*Only available in Japanese

^*5 Source: https://kotobank.jp/word/NFT-2783796 ^*Only available in Japanese

(2)Acceptable goods indication and similar group codes (example)

^* The terms “non-fungible token (NFT),” “non-fungible token,” and “NFT” are interchangeable.

(3)Acceptable service indication and similar group codes (example)

(4)Indications that are unacceptable

The following indications are unacceptable in any class because the meaning of a non-fungible token (NFT) is unclear.

Ⅰ Goods indication (example)

Ⅱ Service indication (example)

4. Date of commencement of application

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

※The publication date (29 March 2024)

[Last updated 9 August 2024]

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International Trademark Classification Office Trademark Division Japan Patent office, Trademark Division E-mail:PA1T90@jpo.go.jp