China Begins Trademark Registration for NFTs & Virtual Goods

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and services for use in the metaverse. These include downloadable digital files authenticated by non-fungible tokens (NFTs) and virtual goods in class 9, displaying virtual goods for retail purposes in class 35, providing virtual goods for entertainment purposes in class 41, and providing animated and non-animated digital characters and designs, avatars, digital overlays, and skins for access and use in virtual environments in class 42.
 
Unlike the United States, the European Union, the United Kingdom, South Korea, and other large markets, China has not previously approved any trademarks filed for NFTs and virtual goods and services until now. The biggest hurdle was that the Chinese Trademark Office typically only accepts standard goods and services that are pre-approved by the Office for national trademark applications. The Chinese Trademark Office is known for being unwilling to adopt new goods and services quickly. As a matter of fact, the Chinese Trademark Office has yet to update the list of standard goods and services nor issue any guidance regarding the classification and description of virtual goods and services.
 
But recently, several luxury watch brands, including TISSOT, LONGINES, and RADO obtained registrations for marks filed directly with the Chinese Trademark Office as national applications, as opposed to international registrations designated to China. This is great news for United States based companies because the Chinese trademark law does not require actual use prior to registration, and a Chinese national registration is not dependent upon on the registration of the same mark in the U.S. (which is required for international registrations filed through the Madrid Protocol).


Source: JD Supra