14th September 2023
As a result of the rapid increase in Australian trade mark applications claiming virtual goods, goods and services in the metaverse, non-fungible tokens and goods and services related to blockchain, the Australian Trade Marks Office (ATMO) has recently released a guidance document on the classification of these technologies in Australian trade mark applications. This document can be accessed at: https://www.ipaustralia.gov.au/news-and-community/news/2023/08/10/22/52/new-guidance-on-trade-mark-classification-of-emerging-technologies.
Of note, the ATMO has also adopted various new additions to the Nice Classification, 12th Edition (2024 version), in advance of it coming into force on 1 January 2024.
The release of the Australian guidelines follows similar developments internationally, such as the European Union Intellectual Property Office’s 2023 draft Guidelines and the Korean IP Office’s 2022 examination guidelines for virtual goods. Read more