Metaverse trademark registration for virtual goods comes down to one decision: describe the digital product precisely and file it in Class 9 of the Nice Classification, not in the class of its physical counterpart. Virtual trainers belong in Class 9, not Class 25; an NFT must be described by what it authenticates; and services in virtual worlds follow their real-world purpose. This guide is for brands planning EU and Latin American filings that cover digital collections, NFTs and virtual experiences.
Key takeaways
- The Nice Classification in force since 1 January 2026, NCL (13-2026), lists terms such as downloadable virtual clothing and downloadable digital image or music files authenticated by NFTs in Class 9.
- The EUIPO rejects “virtual goods” or “NFTs” on their own as unclear: you must say what the virtual goods are or what the NFT authenticates.
- Services in virtual environments are classified by their purpose: entertainment in Class 41, hosting in Class 42, online marketplaces in Class 35.
- A Class 25 registration for clothing does not automatically protect virtual clothing in Class 9, so check your existing portfolio.
- Most corridor offices work with Nice, but not all Latin American countries are party to the Nice Agreement and local acceptance of terms varies.
Which Nice class covers virtual goods and NFTs?
The Nice Classification is the international system of 45 classes (34 for goods and 11 for services) administered by WIPO, the World Intellectual Property Organization. WIPO publishes a new edition every three years and a new version every year; the current one, NCL (13-2026), entered into force on 1 January 2026.
The Class 9 list of NCL (13-2026) contains the core terms for digital products. The basic number in brackets identifies each entry in the WIPO list:
| What you sell | Nice term (basic number) | Class |
|---|---|---|
| Clothing for avatars | Downloadable virtual clothing (090929) | 9 |
| Digital art or collectibles sold as NFTs | Downloadable digital image files authenticated by non-fungible tokens [NFTs] (090918) | 9 |
| Music released as NFTs | Downloadable digital music files authenticated by NFTs (090933) | 9 |
| Your own minting tool, downloadable | Downloadable computer software applications for minting NFTs (090935) | 9 |
| The same tool offered online | Providing online non-downloadable computer software for minting NFTs (420301) | 42 |
| An app for a virtual world | Downloadable application software for virtual environments (090934) | 9 |
| Hosting a branded virtual space | Hosting virtual environments (420296) | 42 |
| Events and experiences in the metaverse | Entertainment services provided in virtual environments (410256) | 41 |
| A marketplace for NFT art | Provision of an online marketplace for buyers and sellers of downloadable digital image files authenticated by NFTs (350188) | 35 |
| Product placement in virtual worlds | Marketing through product placement for others in virtual environments (350187) | 35 |
The list is not closed. Where your product is not listed, an office will usually accept a clear description built on the same logic, for example “downloadable virtual footwear” or “downloadable virtual cosmetics”.
How does the EUIPO examine virtual goods and NFT terms?
The EUIPO (European Union Intellectual Property Office) sets out its practice in its Guidelines for Examination, Part B, Section 3 (Classification), in the chapter on virtual goods, services in virtual environments and NFTs. The 2026 edition of the Guidelines entered into force on 1 July 2026. The main rules:
- “Virtual goods” on its own lacks clarity and precision. You must specify the type, for example “virtual goods, namely, virtual clothing”. Indicating the category is enough; you do not need to list every item.
- Virtual goods are digital content and therefore belong in Class 9, not in the class of the real-world equivalent. Virtual clothing is Class 9, not Class 25.
- You do not have to state the digital format (file, software) if the type of virtual good is clear.
- “NFTs” alone, or “assets authenticated by NFTs”, is not accepted in Class 9. You must say what the NFT authenticates: digital art authenticated by NFTs is Class 9, but physical handbags authenticated by NFTs stay in Class 18.
- Services in virtual environments are classified by their underlying nature and real-world impact. Financial advice delivered in a virtual world remains Class 36; simulated travel for entertainment is Class 41.
The point about similarity matters as much as classification: the Guidelines note that virtual clothing does not have the same purpose as real clothing. A brand with only a Class 25 registration may therefore struggle to stop a third party filing the same mark for virtual clothing, and vice versa.
Metaverse trademark registration in Latin America and Africa
For corridor portfolios, the starting point is the same Nice list, but the legal framework differs by country. According to WIPO Lex, Spain, Portugal, Mexico, Argentina, Uruguay, Paraguay (since 2021), Peru (since 2022) and Chile (since 12 October 2025) are party to the Nice Agreement, as are Morocco, Tunisia, Algeria and Egypt. Brazil and Colombia do not appear on that list, so it is worth confirming with local counsel how their offices handle new terms.
In practice, three things vary between offices:
- Whether the current Nice version is applied from 1 January or with some delay.
- How strictly broad terms such as “virtual goods” or “NFTs” are objected to.
- Whether a mark filed only for physical goods can be enforced against virtual versions.
If you file through the Madrid System (the WIPO system for international registrations), WIPO checks the classification of the international application, and each designated office then examines the specification under its own law. A specification drafted to EUIPO standards, with each virtual good and NFT linked to a defined product, usually travels best.
What this means for your business
- Audit your portfolio: which marks cover only physical goods in the classes you sell in, and which digital equivalents are missing.
- Draft Class 9 terms for your real or planned digital products, using the NCL wording where it exists.
- Add the services you actually provide: Class 35 marketplaces, Class 41 virtual events, Class 42 hosting or minting platforms.
- Decide the route: an EU trade mark for the EU, then Madrid or national filings in Latin America and Africa with specifications adapted to each office.
- Watch for third-party filings of your brand for virtual goods and act within opposition deadlines.
Our team for metaverse trade marks, NFTs and digital asset protection can draft the specifications and run the filings, and our international trade mark registration team aligns them with your existing portfolio.
Where companies get metaverse filings wrong
- Filing “virtual goods” or “NFTs” with no detail. It draws objections at the EUIPO and delays registration.
- Relying on Class 25 or Class 18 to protect virtual clothing or accessories. Classification and similarity are assessed separately.
- Copying one specification into every country. Local offices may reject terms the EUIPO accepts, or apply a different Nice version.
- Claiming services you do not provide. Overbroad lists can be challenged later for non-use or bad faith.
- Ignoring the second-hand market. Marketplaces and resale of digital items may call for Class 35 cover.
Frequently asked questions
Do I need a separate trade mark for virtual goods?
Often yes. The EUIPO classifies virtual goods in Class 9 and considers that they do not share the purpose of their physical equivalents, so a registration for real clothing in Class 25 does not automatically cover virtual clothing. Whether you can still oppose a later filing depends on the facts, so it is safer to add Class 9 terms for your digital products.
How should I describe NFTs in a trade mark application?
Describe what the NFT authenticates. The EUIPO does not accept “NFTs” on their own in Class 9. Use wording such as “downloadable digital image files authenticated by non-fungible tokens [NFTs]”, listed in NCL (13-2026), or a similar description of your product. Physical goods authenticated by NFTs stay in the class of the physical goods.
Are metaverse services classified differently from real-world services?
Not in principle. Services in virtual environments are classified by their underlying nature and real-world effect: financial advice in a virtual world is still Class 36. Services that only emulate a real-world service, such as virtual travel for entertainment, usually fall in Class 41.
Can IP Global Guard file metaverse trade marks in the EU and Latin America?
Yes. We draft specifications for virtual goods, NFTs and virtual services, act before the EUIPO and the OEPM directly where our professionals are entitled and through qualified representatives otherwise, and coordinate Madrid designations and local correspondents in Latin America and Africa from a single point of contact.
How IP Global Guard protects your brand in virtual markets
Digital collections and virtual experiences reach every market at once, so gaps in one country show up quickly. IP Global Guard, the IP services line of META Channel Corporation Limited, manages trade mark portfolios across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship.
Tell us which marks you use, what digital products you sell or plan to launch, and in which countries. We will review your current specifications, draft the Class 9, 35, 41 and 42 terms you need and coordinate the filings. Ask us to review your portfolio.
This article is general information, not legal advice, and does not replace a review of your specific portfolio.
Sources
- WIPO, Nice Classification NCL (13-2026), Class 9 (in force 1 January 2026)
- WIPO, Nice Classification: current edition and versions
- EUIPO, Guidelines for Examination of EU trade marks, Part B, Section 3, Classification (virtual goods, services in virtual environments and NFTs)
- ECTA, 2026 EUIPO Guidelines enter into force (1 July 2026)
- WIPO Lex, contracting parties to the Nice Agreement
