Trademark in the metaverse: Pre-approved metaverse-related goods and services descriptions in Canada, the U.S., the EU, the UAE, and Singapore - Lexology

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The usher beneath provides immoderate utile accusation connected acceptable descriptions of metaverse-related goods and services successful Canada, the United States (U.S.), The United Arab Emirates (U.A.E.), the European Union (EU), and Singapore.

Given the emergence of virtual worlds and the metaverse, marque owners whitethorn privation to measure their ain trademark portfolios with a presumption to expanding sum to encompass this processing space. Virtual worlds licence the question of integer goods themselves, and trademarks designed for existent beingness goods whitethorn not needfully widen to those integer worlds, depending connected their application. In summation to considering potential enforcement mechanisms successful the metaverse, brands tin see a proactive approach, with a presumption to creating extortion strategies and imaginable connection for filing trademark applications with respect to virtual worlds and integer elements.

As much originative metaverse-related uses emerge, goods and services volition proceed to beryllium defined, much guidance volition beryllium issued, and the database of acceptable presumption should further proliferate. In the meantime, we invitation you to interaction america for guidance successful drafting imaginable caller descriptions including, successful immoderate instances, strategizing with respect to populating the listing successful the Canadian Manual of Goods and Services with projected descriptions.

Descriptions of goods and services for the virtual/digital satellite tract in:

Canada

We invitation you to see the goods and services presently recognized by the Canadian Trademarks Office and person listed a fewer examples successful this article. While descriptions of goods and services that are not included successful the Canadian Trademarks Office’s Manual of Goods and Services may inactive beryllium acceptable if described successful mean commercialized presumption (terms commonly utilized successful the applicable manufacture to picture the goods and services), filing applications successful Canada utilizing goods and services descriptions that are listed successful said Manual volition let applications to scope the introspection signifier faster and volition debar Examiner’s reports based connected goods and services descriptions.

Virtual goods and cryptoassets including NFTs

Brands person begun experimenting with Non-fungible-tokens (NFTs) which person precocious dominated headlines. The Canadian Trademarks Office recognizes a fig of descriptions of goods (G) and services (S) with respect to NFTs and different cryptoassets encompassing mostly classes 9 goods and 42 services.

Acceptable descriptions for NFTs and different cryptoassets successful Canada see the NFTs themselves oregon bundle for an enactment related to the NFTs. Examples are goods that mostly autumn successful Class 9 arsenic follows:

Computer hardware for cryptocurrency mining
Computer bundle namely non-fungible tokens for facilitating commercialized transactions
Downloadable machine bundle for [select: accessing, creating, exchanging, managing, selling, sending and receiving, storing, validating etc.] integer tokens and non-fungible tokens (NFTs)
Downloadable machine bundle for producing cryptocurrency wallets built connected the blockchain to let consumers to earn, usage and commercialized non-fungible tokens for facilitating commercialized transactions
Downloadable cryptographic keys for receiving and spending crypto assets
Downloadable euphony files authenticated by non-fungible tokens (NFTs)
Nonfungible tokens (NFTs) for usage successful authenticating ownership of integer files

Services related to cryptoassets including NFTs

In an alternative, acceptable descriptions tin see services for cryptoassets including NFTs, specified arsenic platforms that supply an enactment with respect to NFTs. Examples are services that mostly autumn successful Class 42 arsenic follows:

Crypto mining services
Electronic retention of cryptocurrency for others
Platform arsenic a work (PaaS) featuring blockchain based bundle platforms, namely, bundle for transportation oregon speech of virtual currencies for accusation and files utilizing astute contracts and conducting transactions
Platform arsenic a work (PaaS) featuring blockchain based bundle platforms namely, bundle for transportation oregon speech of virtual currencies for information utilizing astute contracts for conducting transaction
Platform arsenic a work (PaaS) featuring machine bundle platforms utilized to facilitate blockchain and distributed ledger exertion to enactment a marketplace for roaming connection services betwixt networks
Platforms for providing entree to crypto-collectibles
Providing on-line non-downloadable machine bundle for usage arsenic a cryptocurrency wallet
Providing on-line non-downloadable bundle for generating cryptographic keys for receiving and spending cryptocurrency
Providing impermanent usage of non-downloadable machine bundle for [select: accessing, creating, exchanging, managing, selling, sending and receiving, storing, validating etc.] integer tokens and non-fungible tokens (NFTs)
Providing impermanent usage of non-downloadable integer tokens
Providing impermanent usage of non-downloadable non-fungible tokens (NFTs)
Providing impermanent usage of non-downloadable bundle for enabling members of an online assemblage to person and entree to non-fungible tokens
Providing impermanent usage of non-downloadable bundle for enabling members of an online assemblage to walk and commercialized cryptocurrency
Providing impermanent usage of online non-downloadable bundle for usage successful electronically [select: accepting, transmitting, sending and receiving, storing, trading etc.] non-fungible tokens
Providing impermanent usage of online non-downloadable bundle for usage successful electronically accepting integer currency
Providing impermanent usage of online non-downloadable bundle for usage successful electronically sending and receiving integer currency
Providing impermanent usage of online non-downloadable bundle for usage successful electronically storing integer currency
Providing impermanent usage of online non-downloadable bundle for usage successful electronically trading integer currency
Providing impermanent usage of online non-downloadable bundle for usage successful electronically transmitting integer currency
Software platforms for providing entree to non-fungible tokens
User authentication services utilizing blockchain technology

Electronic transportation of cryptoassets

The physics transportation of these cryptoassets tin autumn wrong Class 36:

Electronic transportation of integer tokens incorporating cryptographic protocols utilized to run connected a machine level successful the tract of blockchain technology
Electronic transportation of non-fungible tokens incorporating cryptographic protocols utilized to run connected a machine level successful the tract of blockchain technology
Electronic transportation of virtual currencies
Virtual currency exchange
Virtual currency trading services
Cryptocurrency speech services
Currency exchange, namely virtual currency speech transaction services for transferrable physics currency equivalent units having a specified currency value

Software for usage successful the metaverse

Examples of metaverse applications whitethorn instrumentality the signifier of software, games, integer goods (including “skins”), oregon avatars oregon the similar for usage successful the metaverse that mostly autumn wrong Class 9.

Compilation and investigation of concern information successful the tract of blockchain exertion and cryptocurrency
Computer programs featuring badges for usage successful online virtual worlds
Computer programs featuring characters for usage successful online virtual worlds
Computer programs featuring apparel and accessories for usage successful online virtual worlds
Computer programs featuring emojis for usage successful online virtual worlds
Computer programs featuring stickers for usage successful online virtual worlds
Computer programs featuring virtual quality products being tegument attraction preparations, prima attraction preparations and cosmetics for usage successful an online virtual world
Computer bundle for blockchain information mining
Computer bundle for transverse blockchain transfers
Computer bundle for developing, building, and operating user blockchain applications
Computer bundle for physics trading of virtual currency
Computer bundle for interacting with blockchain platforms
Computer bundle for managing and validating cryptocurrency transactions utilizing blockchain-based astute contracts
Downloadable machine bundle for managing and verifying cryptocurrency transactions connected a blockchain
Downloadable contented being images
Downloadable video crippled assets sold individually, namely downloadable integer files containing videogame avatars, clothing, pets, vehicles, items, tools, toys, terrain, 3D objects, textures, meshes, animations, dependable effects, music, emotes, and gestures for usage successful video crippled development
Virtual adjunct software
Virtual world machine crippled programs
Virtual world machine crippled software
Virtual world machine games for usage connected cellular phones
Virtual world machine games for usage connected mobile phones
Virtual world machine games for usage connected notebook computers
Virtual world machine games for usage connected idiosyncratic computers
Virtual world machine games for usage connected astute phones
Virtual world machine games for usage connected tablet computers
Virtual world crippled software
Virtual world goggles
Virtual world head-mounted video displays for usage successful playing video games
Virtual world bundle for meditation classes
Virtual world bundle for playing machine games

Metaverse-enabling hardware

These metaverse applications whitethorn besides instrumentality the signifier of hardware, specified arsenic head-sets, which enable virtual world platforms. Pre-approved presumption mostly autumn successful Class 9:

Electronic controllers for usage with virtual world headsets
Electronic virtual world gloves
Headsets for virtual world games
Virtual world headsets adapted for usage successful playing video games
Virtual world headsets and helmets adapted for usage successful playing video games

Unsurprisingly, the merchantability of these goods whitethorn autumn into Class 35:

Online sale, wholesale and retail merchantability of virtual world glasses

Marketplace for virtual goods

When the work being described is simply a marketplace for virtual oregon integer goods, the statement volition typically autumn into Class 35.

Conducting interactive virtual auctions
On-line retail store services featuring virtual merchandise, namely, clothing, outerwear, headwear, and footwear, for usage online and successful online virtual world
On-line retail store services featuring virtual merchandise, namely, cosmetics, perfumery, and jewelry, for usage online and successful online virtual worlds
On-line retail store services featuring virtual merchandise, namely, handbags, wallets, and luggage, for usage online and successful online virtual worlds
On-line retail store services featuring virtual merchandise, namely, art, photographs, images, animation, and videos, for usage online and successful online virtual worlds
Providing online marketplaces, namely, virtual world marketplaces, for buyers and sellers of goods and services
Provision of an online marketplace for buyers and sellers of downloadable integer {indicate benignant of downloadable integer goods, e.g., creation images, music, video clips, etc.} authenticated by non-fungible tokens (NFTs)
Provision of an online marketplace for buyers and sellers of downloadable integer creation images authenticated by non-fungible tokens (NFTs)
Retail store services featuring virtual goods, namely, art, photographs, images, animation, and videos, for usage online and successful online virtual worlds
Retail store services featuring virtual goods, namely, clothing, outerwear, headwear, and footwear, for usage online and successful online virtual world
Retail store services featuring virtual goods, namely, cosmetics, perfumery, and jewelry, for usage online and successful online virtual worlds
Retail store services featuring virtual goods, namely, handbags, wallets, and luggage, for usage online and successful online virtual worlds

Services for proviso of virtual content

In immoderate instances, Class 41 whitethorn besides beryllium due for services with respect to the proviso of virtual content. For example, the Canadian Trademarks Office has pre-approved the pursuing language, mostly successful Class 41:

Entertainment services, namely, providing on-line, non- downloadable virtual creation works, photographs, images, animation, and videos for usage successful virtual environments
Entertainment services, namely, providing on-line, non- downloadable virtual clothing, outerwear, headwear, and footwear, for usage successful virtual environments
Entertainment services, namely, providing on-line, non- downloadable virtual cosmetics, perfumery, and jewelry for usage successful virtual environments
Entertainment services, namely, providing on-line, non- downloadable virtual handbags, wallets, and luggage, for usage successful virtual environments
Entertainment services, namely, providing on-line, non-downloadable virtual contented featuring cosmetics, perfumery, and jewelry, for usage online and successful virtual environments
Entertainment services, namely, providing on-line, non-downloadable virtual contented featuring creation works, photographs, images, animation, and videos, for usage online and successful virtual environments
Entertainment services, namely, providing on-line, non-downloadable virtual contented featuring clothing, outerwear, headwear, and footwear, for usage online and successful virtual environments
Entertainment services, namely, providing on-line, non-downloadable virtual contented featuring cosmetics, perfumery, and jewelry, for usage online and successful virtual environments
Entertainment services, namely, providing on-line, non-downloadable virtual contented featuring handbags, wallets, and luggage, for usage online and successful virtual environments
Providing accusation on-line relating to virtual conveyance customization for hobby oregon amusement purposes
Providing online virtual world machine games for usage connected mobile phones, astute phones, cellular phones, idiosyncratic computers, tablet computers, notebook computers
Virtual world crippled services provided on-line from a machine network

United States

Goods and services successful the United States Trademarks Office

The United States Trademarks Office likewise has approved connection with respect to NFTs, virtual goods and related services. Examples include:

Goods

Virtual Goods and Cryptoassets including NFTs

Downloadable audio and video recordings featuring {specify taxable matter, e.g., sports highlights, movie clips, memes, etc.} authenticated by non-fungible tokens (NFTs) Downloadable audio recordings featuring {specify taxable matter, e.g., music, poetry, etc.} authenticated by non-fungible tokens (NFTs) Downloadable machine crippled bundle featuring virtual goods, namely, {indicate goods, e.g., furniture, jewelry, sunglasses, etc.} for usage successful online virtual worlds Downloadable machine bundle for accessing, reading, and tracking accusation successful the tract of {indicate taxable substance of information, e.g., diligent aesculapian records, fiscal transactions, etc.} connected a blockchain Downloadable machine bundle for usage arsenic a integer wallet Downloadable representation files containing {indicate taxable substance oregon field, e.g., trading cards, artwork, memes, sneakers, etc.} authenticated by non-fungible tokens (NFTs) Downloadable multimedia record containing artwork relating to {indicate tract oregon taxable substance of file} authenticated by non-fungible tokens (NFTs) Downloadable multimedia record containing artwork, text, audio, and video relating to {indicate tract oregon taxable substance of file} authenticated by non-fungible tokens (NFTs) Downloadable multimedia record containing audio relating to {indicate tract oregon taxable substance of file} authenticated by non-fungible tokens (NFTs) Downloadable multimedia record containing substance relating to {indicate tract oregon taxable substance of file} authenticated by non-fungible tokens (NFTs) Downloadable multimedia record containing video relating to {indicate tract oregon taxable substance of file} authenticated by non-fungible tokens (NFTs) Downloadable euphony files authenticated by non-fungible tokens (NFTs) Downloadable bundle for generating cryptographic keys for receiving and spending crypto assets Downloadable video recordings featuring {specify taxable matter, e.g., sports highlights, movie clips, memes, etc.} authenticated by non-fungible tokens (NFTs) Downloadable virtual goods, namely, machine programs featuring {specify nature, type, e.g., articles of clothing} for usage successful online virtual worlds

Of course, different classes should not beryllium overlooked erstwhile the bully whitethorn chiefly fulfill 1 intent with the incorporation of a integer sensor that could person usage successful the metaverse, for example, for goods related to scanned objects to beryllium incorporated into the metaverse with metadata and usage of Internet of Things (IoT) sensors. For example, the United States Trademarks Office provides for assorted goods incorporating integer sensors:

Compression sleeves incorporating integer sensors (G, Class 10) Socks incorporating integer sensors (G, Class 25) T-shirts incorporating integer sensors (G, Class 25) Yoga pants incorporating integer sensors (G, Class 25)

Services

Metaverse-related retail store services successful Class 35

Online retail store services rendered successful a virtual situation featuring carnal goods, namely, {specify type, e.g., furniture, jewelry, sunglasses, etc.} Online retail store services featuring virtual goods, namely, {specify type, e.g., furniture, jewelry, sunglasses, etc.} for usage successful online virtual worlds Online retail store services featuring integer goods, namely, {specify type, e.g., furniture, jewelry, sunglasses, etc.} for usage successful online virtual worlds Online retail store services rendered successful a virtual situation featuring virtual goods, namely, {specify type, e.g., furniture, jewelry, sunglasses, etc.} Online retail store services rendered successful a virtual situation featuring carnal goods and virtual goods, namely, {specify type, e.g., furniture, jewelry, sunglasses, etc.}

Some of the virtual services descriptions listed successful the Acceptable Identification of Goods and Services Manual (ID Manual) of the United States Trademarks Office are not presently included successful the Canadian Manual of Goods and Services. Some examples are:

Authentication of information successful the tract of {indicate field, e.g., works of art, fiscal transactions, aesculapian records, etc.} utilizing blockchain exertion (S, Class 42) Computer services, namely, creating an on-line virtual situation for {indicate purpose, e.g., off-track betting, trading stocks, etc.} (S, Class 42) Electronic retention of crypto tokens for others (S, Class 42) Entertainment services, namely, providing virtual environments successful which users tin interact for recreational, leisure oregon amusement purposes (S, Class 41) Financial speech of crypto assets (S, Class 36) Organizing, arranging, and conducting virtual {specify benignant of sport, e.g., triathlon, cycling, running, etc.} events (S, Class 41) Providing an on-line forum for trading virtual existent property (S, Class 38) Providing on-line non-downloadable bundle for generating cryptographic keys for receiving and spending crypto assets (S, Class 42) Providing impermanent usage of on-line non-downloadable machine bundle for usage arsenic a integer wallet (S, Class 42) Providing impermanent usage of on-line non-downloadable bundle for accessing, reading, and tracking accusation successful the tract of {indicate taxable substance of information, e.g., diligent aesculapian records, fiscal transactions, etc.} connected a blockchain (S, Class 42) Provision of an online marketplace for buyers and sellers of downloadable integer {indicate benignant of downloadable integer goods, e.g., creation images, music, video clips, etc.} authenticated by non-fungible tokens (NFTs) (S, Class 35) Provision of an online marketplace for buyers and sellers of downloadable integer creation images authenticated by non-fungible tokens (NFTs) (S, Class 35) User authentication services utilizing blockchain exertion for {specify the exertion of the services, e.g., cryptocurrency transactions, online bundle applications, etc.} (S, Class 42)

UAE

Building connected the 2017 motorboat of its Strategy for the Fourth Industrial Revolution (4IR), the UAE precocious introduced a National Digital Economy Strategy. This announcement is successful enactment with its mostly supportive attack to crypto-related activities of the region. With a tendency to found itself arsenic a person successful the metaverse system successful the portion and among the apical 10 cities globally, Dubai has created the Virtual Assets Regulatory Authority (VARA), which provides a ineligible model for integer assets specified arsenic NFTs.

The portion has besides taken factual steps successful the integer system with the UAE Ministry of Economy announcing the installation of authoritative departments successful the metaverse, allowing users to entree services wholly virtually. Once launched, metaverse users volition beryllium capable to sojourn the virtual bureau alternatively than the existing carnal offices to supply signatures connected legally binding documents. In October 2022, the Government of Dubai's Legal Affairs Department announced that from aboriginal 2023, it volition determination its "Continuing Legal Professional Development" grooming for Dubai-based ineligible consultants into the metaverse. The volition is to tally interactive CLPD sessions successful the metaverse, utilizing AI to place areas of further development.

These actions are successful summation to different integer affable initiatives including: the instauration of the world’s archetypal virtual megacity successful 2021 – Metaverse Dubai – based connected the city’s existent topography and geography; hosting of the world’s archetypal economical acme successful the metaverse – Investopia; motorboat of the Middle East’s archetypal metaverse incubator – MetaIncubator among others. The UAE Trademarks Office has not, to date, issued immoderate ceremonial signifier absorption oregon announcement successful narration to goods and services relating to the metaverse, crypto assets oregon the like. However, the UAE officials person accepted applications successful these areas.

Goods and services successful the UAE Trademarks Office

We person seen trademark metaverse-related applications accepted for the pursuing presumption segmented by the pursuing Classes:

Class 9:

computer bundle for usage arsenic a virtual plus wallet
computer bundle for usage arsenic a integer wallet
computer bundle for usage arsenic an physics wallet
downloadable cryptographic keys for managing, receiving and spending virtual currencies, virtual assets, tokens, and cryptocurrencies
downloadable machine bundle for managing transactions relating to virtual currencies, virtual assets, cryptocurrencies, tokens and non-fungible tokens
virtual and integer goods for usage online and successful virtual worlds
virtual and integer interactive representations of buildings and locations for usage successful virtual worlds and virtual environments
downloadable virtual goods featuring articles of [clothing, footwear, headgear, toys, games, playthings, etc.]
downloadable virtual avatars for usage successful virtual worlds and virtual environments

Class 35:

membership nine services, namely, providing accusation to members successful the tract of virtual currencies, cryptocurrencies, virtual assets, tokens and non-fungible tokens;
provision of an online marketplace for buyers and sellers of virtual goods and services;
conducting interactive virtual auctions;
online retail services for non-fungible tokens and virtual assets;
providing an online virtual situation for trading virtual art, virtual creation tokens, tokens and non-fungible tokens

Class 36:

virtual currency services;
crypto currency trading services;
virtual assets trading services;
virtual currency speech services;
crypto currency speech services;
virtual assets speech services;
issuing virtual tokens of value;
issuing tokens of worth arsenic portion of a lawsuit rank scheme;
providing a virtual currency for usage by members of an online assemblage via a planetary machine network;
electronic transportation of crypto assets;
electronic transportation of virtual assets;
electronic funds provided via blockchain technology;
e-wallet outgo services;
investment of virtual assets;
virtual existent property services;
real property services provided successful a virtual satellite oregon virtual environment;
real property affairs provided successful a virtual satellite oregon virtual environment;
rental of residential, commercialized and concern premises online successful a virtual satellite oregon virtual environment

Class 41:

entertainment services provided successful a virtual world;
educational services successful the tract of cryptocurrencies, virtual assets, tokens, and non-fungible tokens;
art assemblage and creation accumulation services provided successful a virtual world;
organising assemblage events successful the tract of cryptocurrencies, virtual assets, tokens, and non-fungible tokens;
virtual world crippled services;
provision of non-downloadable virtual and integer goods for usage online and successful virtual worlds;
provision of non-downloadable virtual and integer interactive representations of buildings and locations for usage successful virtual worlds and virtual environments;
provision of non-downloadable downloadable virtual goods featuring articles of [clothing, footwear, headgear, toys, games, playthings, etc….]
provision of non-downloadable virtual avatars for usage successful virtual worlds and virtual environments;
entertainment services, namely, providing online, non-downloadable products and services for usage successful virtual worlds and virtual environments

Class 42:

providing a secured access, members lone website, that gives members the quality get non-fungible tokens;
designing artwork for usage arsenic non-fungible tokens;
user authentication services utilizing blockchain technology;
blockchain arsenic a work (BaaS);
data retention via blockchain; information authentication via blockchain;
authenticating non-fungible tokens;
research successful the tract of blockchain technology;
research successful the tract of virtual assets, virtual currencies, cryptocurrencies and non-fungible tokens;
hosting an online multimedia virtual satellite and virtual situation successful which users tin interact

Guidance provided by the European Office

The EUIPO stated successful a guidance papers published connected its website, that virtual goods should beryllium registered successful Class 9 due to the fact that they are treated arsenic integer contented oregon images. The Office, however, specified that the specified word “virtual goods” connected its ain lacks clarity and precision and indispensable truthful “be further specified by stating the contented to which the virtual goods subordinate (e.g. downloadable virtual goods, namely, virtual clothing)”.

Similarly, the term non fungible tokens on its ain is not acceptable. The circumstantial benignant of integer point authenticated by the NFT indispensable be included. This is due to the fact that NTFs are treated arsenic unsocial integer certificates registered successful a blockchain, which authenticate integer items but are chiseled from those integer items.

Furthermore, “services relating to virtual goods and NFTs volition beryllium classified successful enactment with the established principles of classification for services”.

Singapore

The Intellectual Property Office of Singapore ("IPOS") has likewise approved connection with respect to NFTs, virtual goods and related services, though nary ceremonial signifier directions for the aforesaid person been issued. Key classes for metaverse-related marks see Classes 9, 35 and 41, amongst others.

We supply respective examples beneath that person been accepted by IPOS oregon tin beryllium recovered successful the IPOS database of accepted specifications segmented by Class.

Class 9

Downloadable virtual goods
Downloadable virtual wallets
Downloadable cryptocurrency wallets
Downloadable bundle for metaverses
Downloadable machine bundle for managing crypto plus transactions utilizing blockchain technology
Downloadable bundle for blockchain-based inventory management
Downloadable cryptographic keys for receiving and spending crypto assets
Downloadable cryptographic keys for receiving and spending cryptocurrency
Downloadable audio files authenticated by non-fungible tokens [NFTs]
Downloadable integer files authenticated by non-fungible tokens [NFTs]
Downloadable euphony files authenticated by non-fungible tokens [NFTs]
Downloadable video files authenticated by non-fungible tokens [NFTs]
Virtual world software

Class 35

Retail store services featuring virtual goods
Online retail store services featuring virtual merchandise

Class 36

Electronic transportation of virtual currencies
Electronic transportation of crypto assets
Electronic funds transportation provided via blockchain technology
Financial speech of virtual currency
Financial speech of crypto assets
Virtual wallet outgo services
Cryptocurrency plus management
Cryptocurrency speech services
Cryptocurrency concern advisory services
Cryptocurrency concern services

Class 41

Entertainment services, namely, providing on-line, non-downloadable virtual covering for usage successful virtual environments
Virtual world crippled services provided online from a machine network
Virtual world arcade services
Provisions of exhibitions via virtual reality
Virtual world amusement services

Class 42