The growth of Web3 development finally was put into the official language of the trademark world. The 12th edition of Nice Classification became effective on January 1, 2023. The exciting change in this edition is that it adds new languages such as “downloadable digital files authenticated by non-fungible tokens (NFTs)”, “transactions involving cryptocurrencies” and “mining of crypto assets”. These descriptions are meant to capture novelty goods and services related the Metaverse, NFTs and Crypto.
Question: Will China adapt and adopt to these new languages as well?
Well, China did – although not in popular classes like Class 09, China finally added new “standard” descriptions for metaverse in Class 41 – see “new” languages below. The good news is that all these languages fall under subclass 4105 – in other words, no new subclasses have been created as a result of these changes. It remains to be seen if original coverage in subclass 4105 would extend to these new languages which also fall under subclass 4105.
- Subclass 4105 – Provision of non-downloaded online images
- Subclass 4105 – Provision of real-time role-playing game facilities
- Corresponding description in Nice classification: “Entertainment services, i.e. virtual footwear, clothing, sports equipment, artwork, toys and accessories that cannot be downloaded online and are available for online use in virtual worlds created for entertainment purposes”
- Subclass 4105 – Provision of online virtual tours
- This is the exact same description as listed in Nice classification.
It is worth mentioning that before the 12th edition of Nice classification China already accepts a few items which might be relevant, i.e. “security tokens [encryption devices] 安全令牌（加密装置; virtual reality games software虚拟现实游戏软件” in subclass 0901, and “provide online virtual reality games on the computer networking subclass 4105.
It’s also important to note that CNIPA will update its list of “standard” (i.e., acceptable” descriptions from time to time in 2023. The new language is a welcoming sign indicating more changes are likely to come which would be more accurately escribe Metaverse, NFT and Crypto goods and services in the future.
As China opens up its border post-Covid, it’s nice to see CNIPA open up to the new technological developments occurring globally and quickly adapting its subclass system.
