From 1 January 2023, the Nice Classification will be modified so that:
- Class 09, which is best known for software goods, will include downloadable digital files authenticated by non-fungible tokens [NFTs], and, downloadable computer software for managing crypto asset transactions using blockchain technology; and
- Class 42, which includes SaaS, will contain the term mining of crypto assets / cryptomining.
For offices that give applicants a degree of latitude when it comes to customising their specification wording, these additions may not have significant impact. A cursory glance at the EUIPO’s classification tool reveals that there are already a number of acceptable harmonised alternatives that can be relied upon by applicants across Classes 09, 36, and 42 in some territories. Also, these updated terms only deal with a rather narrow band of goods and services. They won’t be helpful for everyone.
However, for registries that have a stricter approach to classification, in relation to which it can be helpful to be able to directly transpose a Nice-endorsed term, this latest edition may provide some reassurance to applicants in the tech space.