If you’re creating a non-fungible token (NFT) that incorporates a unique logo, brand name, or other distinctive mark, you may want to consider filing a trademark application to protect your intellectual property rights. Trademarks can help prevent others from using your NFT design without your permission and can help you build brand recognition and value.
When filing a trademark application for an NFT, you will need to select one or more trademark classes that describe the goods or services associated with your NFT. Here’s what you need to know about selecting classes and descriptions for your NFT trademark application.
What are trademark classes?
Trademark classes are categories of goods and services that are used to classify trademarks. There are 45 different trademark classes, with each class covering a specific category of goods or services. When filing a trademark application, you will need to select one or more classes that describe the goods or services associated with your NFT.
How do I choose the right classes for my NFT?
Choosing the right classes for your NFT is important because it determines the scope of your trademark protection. When selecting classes, you should consider the intended use of your NFT and the goods or services it represents.
For example, if your NFT represents a virtual currency or other financial asset, you may want to select Class 36, which covers financial and monetary services. If your NFT is connected with a piece of artwork, you may want to also select Class 16, which covers printed matter and art materials. A couple of the more common classes for NFTs, in general, include class 9 for things like crypto collectibles in the nature of downloadable music files authenticated by non-fungible tokens (NFTs) and class 35 for things like providing an online marketplace for buyers and sellers of goods authenticated by non-fungible tokens (NFTs).
In general, it’s a good idea to consult with a trademark attorney or use an online trademark classification tool to ensure that you select the right classes for your NFT.
What should I include in the description of goods or services?
In addition to selecting classes, you will need to include a description of the goods or services associated with your NFT. The description should be clear and concise, and should accurately reflect the intended use of your NFT.
For example, if your NFT represents a piece of artwork, your description might read: “Digital art prints; downloadable images featuring artwork.” If your NFT represents a virtual currency, your description might read: “Virtual currency for use in online transactions.”
It’s important to be specific in your description of goods or services so that the trademark examiner can accurately assess whether your trademark is distinctive and eligible for protection.
In summary, selecting the right trademark classes and descriptions is an important step in protecting your NFT’s intellectual property. By choosing the appropriate classes and providing clear and specific descriptions, you can help ensure that your NFT is properly protected and that you have the exclusive right to use your NFT’s unique branding and design.
If you have any questions about trademarking your NFT or anything else, contact us for a consultation today