TRADEMARKS-CLASSIFICATION OF VIRTUAL PRODUCTS AND SERVICES PROVIDED IN VIRTUAL ENVIRONMENTS

As of January 1, 2024, the Swiss Federal Institute of Intellectual Property (IPI) has incorporated the new terms of the Nice International Classification of Products and Services for virtual products and services provided in virtual environments into its 2024 guidelines.

Please note, however, that the term “virtual product” is not precise enough to be accepted as such. It will be necessary to specify the “physical” product to which it refers. The virtual product identified in this way will not come under its original class in physical mode, but under class 9, like all downloadable digital products. By way of example, a virtual toy will be claimed in class 9 as a “downloadable virtual toy…” and not in class 28 for games and toys.

The classification of services provided in virtual environments is more delicate, as it will take into consideration the modification of the purpose or result of the service, particularly depending on the way in which it is provided.

Our intellectual property counsels are at your disposal to assist you in adapting the protection of your products and services in the virtual world.