The UK Intellectual Property Office (UKIPO) has released a publication outlining its approach to the classification of non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse. The publication aims to provide clarity on the acceptable ways to frame trademark specifications for these emerging forms of goods and services. The UKIPO acknowledges the fast-paced nature of the technological field and plans to update the guidance as new developments arise. full publication can be found in official page of UKIPO:
It is important to note that although uses of NFTs will be considered on a case-by-case basis, here are some acceptable terms according to latest PAN published by UKIPO
digital art authenticated by non-fungible tokens [NFTs]
downloadable graphics authenticated by non-fungible tokens [NFTs]
downloadable software, namely, [list the type of goods], authenticated by non-fungible tokens [NFTs]
digital audio files authenticated by non-fungible tokens
downloadable digital files authenticated by non-fungible tokens [NFTs]
Retail services connected with the sale of [e.g. virtual clothing, digital art, audio files] authenticated by non-fungible tokens
Provision of online marketplaces for buyers and sellers of goods and services which are authenticated by non-fungible tokens
At IDAL IP, We have also sent an important notice to our clients who wish to register their trademarks worldwide, emphasizing the importance of careful description when it comes to NFTs and virtual goods to ensure successful registration, given their increasing popularity. Merely using the terms "virtual goods" and "NFTs" is inadequate for acceptance by the USPTO and the EUIPO. These terms lack the necessary clarity and specificity when describing goods or services. The guidelines provided by the EUIPO highlight the need to provide a detailed specification for the particular type of virtual goods or digital items that are authenticated by NFTs.