Tuesday, September 12 2023   \  Published by Asia IP Law.

Guidance for trademark classification of emerging technologies issued in Australia

Guidance for trademark classification of emerging technologies issued in Australia

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

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