Virtual goods are intangible, digital objects used in virtual worlds, virtual environments, and online games. See, e.g., https://www.pcmag.com/encyclopedia/term/virtual-goods (accessed on February 27, 2026). For example, virtual goods include avatars for playing online games as well as accessories that enhance an online game player’s avatar, such as costumes or weapons.

The wording "virtual goods" alone is not an acceptable identification of goods or services and cannot be classified under the Nice Classification. However, under Nice 12-2024, the entry "downloadable virtual clothing" was added to the Nice Alphabetical List in Class 9. Downloadable virtual clothing is essentially a digital image file of clothing and, thus, is classified in Class 9 by analogy to the Alphabetical List entry "downloadable image files" in Class 9.

Although the Alphabetical List entry "downloadable virtual clothing" provides guidance regarding the classification of downloadable virtual goods, the entry is not an acceptable identification. As the Alphabetical List was developed to classify goods and services and not to identify specific goods and services, most entries in the Alphabetical List will not be sufficiently definite to use in an identification of goods and/or services. See TMEP §1401.02(c).

Virtual goods in Class 9 may be identified as downloadable computer programs or downloadable image files. Additionally, identifications for virtual goods must indicate the particular type of virtual goods, e.g., jewelry. Specifying the type of goods is required to enable the USPTO to reach informed judgments concerning likelihood of confusion under 15 U.S.C §1052(d). Thus, vague terms, such as "accessories" or "equipment," must not be used to identify the type of virtual goods because they do not permit USPTO to reach informed judgments concerning likelihood of confusion under 15 U.S.C §1052(d). An example of an acceptable identification for downloadable virtual goods in Class 9 is:

1. Downloadable virtual goods in the nature of image files of {specify type, e.g., sunglasses, jewelry, etc.} for use in online virtual environments.

For additional examples of identification for virtual goods, consult the ID Manual.

The activity of providing online, non-downloadable virtual goods is classified in Class 41 as entertainment services. The identification must also indicate the particular type of virtual goods. These Class 41 services may be identified as:

1. Entertainment services, namely, providing on-line, non-downloadable virtual {indicate goods, e.g., clothing, pets, furniture, etc.} for use in virtual environments created for entertainment purposes.

For information regarding the identification of retail store services featuring virtual goods, see TMEP §1402.11(a)(vi).