The "Nice Classification" is an internationally recognized trademark classification system established after the Nice Conference in 1957. It was revised in Stockholm in 1967 and Geneva in 1977 and was amended in 1979. The system is used for classifying the goods and services for trademark applications. Currently, the Nice Classification consists of 45 classes (34 for goods and 11 for services), each containing a list of terms defining the scope of protection for the goods or services that can be protected through trademark registration.

The Nice Classification Expert Committee updates the classification annually based on market and user needs. In this regard, the 12th edition is eagerly awaited by professionals and trademark owners, as it introduces significant innovations in protecting trademarks in the metaverse involving virtual goods and non-fungible tokens (NFTs), for which there was no clear provision in the Nice Classification previously.

NFT is a certificate registered on a blockchain, serving as a proof of ownership and authenticity of digital assets and their uniqueness (thus making them non-fungible).

The term "metaverse", originated from Neal Stephenson's 1992 science fiction novel "Snow Crash", is a combination of "meta" (from Aristotle's work "Metaphysics") and "universe." In recent years, due to advances in virtual reality technology, the metaverse has seen strong growth and many companies (such as Microsoft and Facebook) are investing in this parallel market. The metaverse is a virtual reality projected onto the Internet that is shared by several people at the same time. They share a three-dimensional space (which is not owned by any company) and can freely move (using their own identity or avatar), socialize, and engage in commerce. Access to the metaverse is achieved through registering on a computer platform and can be accessed through a computer and Internet connection. People can enhance their experience with a headset or augmented reality device. Transactions can be real or virtual (using cryptocurrency assets). 

It has been proven that this new digital reality provides an opportunity for major brands and companies, so more and more trademark applications are incorporating terms related to the metaverse, virtual goods, and NFTs. This necessitates trademark authorities to provide guidance on the classification of these new types of terms for users.

The following are some new contents introduced in the 12th edition of the Nice Classification:

Class 9 includes the term "downloadable digital files certified by NFT," as well as "downloadable computer software for processing encrypted asset transactions using blockchain technology," and "downloadable password keys for receiving and consuming encrypted assets," along with "virtual reality browsers" and "virtual keyboard projection devices."

Class 36 includes "transactions involving cryptocurrency."

Class 41 includes "providing online virtual tourism."

Class 42 encompasses "cryptocurrency mining" and "providing virtual computer systems through the cloud."

Given this, interested parties should always keep in mind extending trademark protection to virtual and NFT-related goods and/or services, and their presence in the metaverse, in order to be prepared to take advantage of the opportunities offered by this new market and avoid fraudulent activities by third parties.