[Trademarks] Trademark-law treatment of goods and services in virtual spaces: The Nice Classification and developments in Europe, the US, Korea and Japan (Mitsuhide Hoshino, Patent, June 2025)
Updated: 4 hours ago
Article information
Article type: Publication review
Categories: Trademarks / Europe / United States / South Korea
Main topics: Metaverse / Examination and appeal practice
First published on this website: October 1, 2026
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[Article / Trademarks] Trademark-law treatment of goods and services relating to virtual spaces: The Nice Classification and developments in Europe, the US, Korea and Japan (Mitsuhide Hoshino, Patent, June 2025)
1. Classification and identification of goods/services in virtual spaces
Examination practice in different countries and regions shares the following understanding.
“Virtual goods” alone is unclear in scope; the relevant content must be specifically identified, as in “downloadable virtual clothing.”
Treatment as Class 9 goods: Virtual goods are treated as digital content and are, in principle, classified in Class 9.
Changes in service classification: In principle, classification does not change merely because a service is provided in virtual space, but it changes if the purpose or result of provision changes (e.g. actual transport is Class 39, whereas a travel experience in virtual space is entertainment in Class 41).
2. Main developments and features by country/institution
Each region has distinctive practical approaches and classification concepts.
Original article: https://lnkd.in/g5W9Xssi
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Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
Title wording shortened to fit the 200-character limit; full heading retained in the body. 2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
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