INTRODUCTION Contributed by: Dale Cendali, Joshua Simmons and Dana DeVlieger, Kirkland & Ellis LLP
anticipation of similar cases, the Spanish Pat - ent and Trademark Office (SPTO) and the EU Intellectual Property Office (EUIPO) revised their guidelines, now requiring trade mark applica - tions involving NFTs to detail the digital goods and services protected under the mark. The same is true for trade marks applying to virtual goods and services. To accommodate these new requirements, the Nice Classification sys - tem, the international classification for trade mark goods and services, has been revised to provide more detailed descriptions for NFTs and virtual goods and services. In addition to preparing Spanish and EU trade mark applications for NFTs and virtual goods and services with the appropriate level of speci - ficity, businesses offering both tangible and virtual goods and services are encouraged to make sure their existing trade marks adequate - ly protect their virtual offerings. As trade marks are becoming increasingly important in the metaverse, there are also significant opportuni - ties for infringing or counterfeit content. Spanish courts may be faced with disputes over digital uses of trade marks with increasing frequency moving forward.
Given the fast pace at which technological developments occur, practitioners working in Spain and the EU are encouraged to pay close attention to the legal changes in this space mov - ing forward.
9
CHAMBERS.COM
Powered by FlippingBook