The Singapore Trade Mark Registry has issued a new circular earlier this month to clarify the Registry’s practice on the classification of non-fungible tokens (NFTs) and metaverse-related goods and services in an application for registration of a Singapore trade mark.

1. Non-fungible tokens (NFTs)
NFTs are typically unique tokens on a blockchain, which link or point to underlying digital assets, such as images, films and music, or physical items. In essence, NFTs act as certificates of authenticity or ownership for digital or physical items. The description “NFTs” however does not adequately describe a good or service, and is therefore not acceptable without indicating the digital or physical items linked to the NFTs. Such digital or physical items and services in relation thereof are classified according to the established principles of classification.

Some examples of acceptable descriptions are:
• Downloadable music files authenticated by non-fungible tokens (NFTs) (Class 9)
• Digital collectibles in the nature of downloadable multimedia files containing artwork authenticated by non-fungible tokens (NFTs) (Class 9)
• Paintings [pictures] authenticated by non-fungible tokens (NFTs) (Class 16)
• Sports shoes authenticated by non-fungible tokens (NFTs) (Class 25)
• Provision of an online marketplace for buyers and sellers of downloadable image files authenticated by non-fungible tokens (NFTs) (Class 35)

2. Metaverse
Metaverse refers to an online virtual environment where users can interact with the computer-generated environment and with each other. Goods and services for such virtual environments are classified according to the established principles of classification, and the following are some examples of acceptable descriptions:
• Downloadable computer software for metaverse (Class 9)
• Computer programming for metaverse (Class 42)
• Hosting metaverse platforms on the Internet (Class 42)

3. Downloadable virtual goods
Downloadable virtual goods, being digital objects or content for use in online virtual environments, are proper to Class 9. However, the Registry will not accept the description “downloadable virtual goods” in a specification of goods as such a description is vague. Applicants are required to specify the exact nature of the “virtual goods” (e.g. computer software, image files, clothing, bags, etc.).

The following are some examples of acceptable descriptions in Class 9:
• Downloadable image files featuring avatars for use in virtual environments
• Downloadable virtual goods, namely, computer software featuring interactive characters and animals for virtual environments
• Downloadable virtual goods, namely, digital images of clothing for use in online virtual environments
• Downloadable virtual goods, namely, virtual bags for use in online virtual environments.

For more information on how the changes affect you, please email us at enquiries@ami-ip.xyz.