The info note published on the website of European Union Intellectual Property Office (“EUIPO”), mainly indicates designs and their classifications under three points.
As stated in the relevant info note;
- If a design for a physical product identifies only the physical product, the design will be classified in the usual way.
- If a design is for a product for a virtual environment such as Metaverse and this is specified by the applicant, the design will be classified in Class 14-04 of the Locarno Classification with the indication screen displays.
- If the design is for a product for both real and virtual environments and the applicant requests both indications, the design will be classified in both classes. This will be performed by both the usual classification corresponding to the physical product and the Locarno Classification 14-04 with screen display.
Moreover, multiple design applications with more than one class will lead to a class unit deficiency. This means that the multiple design application will be divided into single design applications, requiring the payment of additional fees. At this point, the applicant will be given the choice between single classification or double classification -as mentioned above.
You can access the full text of “Designs for Virtual Environments” published on the website of EUIPO on 2 March 2023 through this link.
