Coming Soon for Trademark Applications—International Classifications for Blockchain-Related Goods and Services
Businesses providing goods or services to consumers or to other businesses usually use a trademark to identify the source of their goods or services. These trademarks (which include “service marks”) are valuable intangible property for all businesses, and they become even more valuable and stronger by registering them. Without a registration, the mark is considered a “common law” mark and has less government-backed firepower. Therefore, identifying, promoting, and registering these marks with the United States Patent and Trademark Office is a step every business should take. Though filing for trademark registration can be done without an attorney, working with attorneys such as those at Beusse Sanks can ensure a smoother path through the trademark registration process. As we’ve said before, the attorneys at Beusse Sanks are committed to staying aware of USPTO updates and trends since they may affect filing a trademark (or patent) application.
For example, the 12th edition of the International Classification of Goods and Services for the Registration of Marks (“Nice Classification”) goes into effect January 1, 2023. With this latest edition, two classes are being amended to specifically provide for blockchain-related goods and services.
First, Class 009, which is where tangible or downloadable software goods is classified, has been updated to include “downloadable digital files authenticated by non-fungible tokens [NFTs]”, “computer network routers”, “portable document scanners”, “cases for smartphones incorporating a keyboard.”
Further, “downloadable computer software for managing cryptocurrency transactions using blockchain technology” has been amended to “downloadable computer software for managing crypto asset transactions using blockchain technology”.
With regard to services (i.e. SaaS vs. downloadable code), Class 42’s “cryptocurrency mining / cryptomining” has been amended to “mining of crypto assets / cryptomining”. Also, “information technology [IT] consultancy” has been amended to “information technology [IT] support services [troubleshooting of software]”.
Those already familiar with the USPTO trademark application process may know that an applicant can also draft their own description of goods or services from scratch and not use the boilerplate Nice Classification language. However, by using the Nice Classification language as-written, an applicant can save time and money on the application; and, the applicant may face a smoother path to registration domestically and abroad since the classification language has already been approved by the USPTO and other countries using the Nice Classification system.
Changes to several other international classifications are also going into effect in January 2023, and we will provide more information on those in an upcoming post.
If you have a need to obtain a trademark or service mark registration, contact us. Businesses are better served by professionals who remain on the cutting edge of technology and the law. Hiring a trademark attorney who understands the USPTO’s treatment of cutting edge technology like blockchain, NFTs, and cryptocurrency is one important step in providing you with strategic IP solutions and not merely IP services.
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