IP Australia has issued new guidance for applicants on the classification of emerging technologies for trademark applications, focusing on virtual goods, metaverse, non-fungible tokens (NFTs) and blockchain.
“Many aspects regarding the use and enforcement of emerging technologies in a virtual world remain unsettled. Businesses might struggle to identify the entity behind an IP infringement in a virtual world in order to take enforcement steps. Similarly, establishing ‘use’ in ‘Australia’ where a mark is used in a virtual world could create challenges or may lead to creative solutions for doing so,” said Ashley Johnson, a senior associate at Ashurst in Melbourne. Read more