Many people ask – With the help of a trademark, can I protect the name of my NFT project?

A trademark is the best way to protect your NFT project to survive in the market. Some people think of using new technology instead of old ones, but our old laws still apply for better results. NFTS consider non-fungible tokens, which come to everyone’s mind later on.

Do you know NFTs are collectible? Yes, they add some benefits for the holder related to these unique tokens.

Are Trademarks Important? – Let’s Focus on Some Points

Do a trademark search on your project name

If you want to survive in the traditional market, investors go through all the legal and financial records. These must ensure the company’s trust, technology, or the assets they invest in.

Having some precautions to ensure that the investment involved has value. We will help you understand Trademark law tips for your NFT projects here. The most important thing is that when you invest in NFTs, buyers must feel confident that they really trust the creators.

Another way to build buyer confidence is by demonstrating that you have created the project with risk involving your name or logo. Suppose the trademark owner sends you a cease-and-desist letter. Do you know to whom? It was an NFT creator or can file a lawsuit against the creator. Then the result could be your entire project tainted. The value of the NFT could be affected due to these reasons. To avoid risks, you must start a registration process.

The trademark registration process

Now go on to the next step, which might be registering your project’s name or logo. To whom, with the USPTO but as early as possible. Before beginning this process, let’s consider some points:

  1. Who is the owner? It means the owner can be a single personality or an entire business. Sometimes complications can come in the way of ownership for NFTs. However, NFTs are governed by a Decentralized Autonomous Organization (DAO).
  2. Once you have decided who owns it, it’s your turn to know what you should file for. For that, you must consider both downloadable assets and services.
  3. Now what is the meaning of filing? For U.S-based companies who are looking to protect an NFT project. Let’s discuss two relevant choices: The first one is “intent to use”, or the second one is “in use”. Intent use means the project is not currently in use, but soon it will be visible and in use, the project is currently being used.

Avoid using property belonging to others.

Don’t go for virtual versions of luxury products that people love; they belong to a third party. It always becomes a disaster because it includes names, brands, or creative assets which belong to others.

Be observant in the marketplace.

You should be aware of the increasing trend regarding owning copyrights and trademarks to sell NFTs they did not create or own.

Conclusion

The best way to protect NFT is to trademark your name and logo which you are using. You must know if the NFT fillings are generally done in service classes.

Here, Brealant can help you understand the trademark law tips for your NFT project. Some people think of copyrighting the law, but it doesn’t work unless you have the copyright license to the work connected to the NFT project. So, contact us and complete your trademark for your NFT project.

A trademark is an exclusive right of a business or company that protects its intellectual properties such as brand name, logo, designs, etc. A trademarked property of a company cannot be used or infringed by other parties. Likewise, we can also apply trademarks to NFTs (Non-fungible tokens) to protect their identity digitally. This article will briefly explain NFTs, their significance, and how to protect them using trademarks.

NFT- An Overview

A Non-fungible token (NFT) is an uninterchangeable digital asset used in crypto. An NFT can be of any form, such as an image, a song, an animation, a video, etc., in digital form. Like cryptocurrency, NFTs are also managed using blockchain technology to track and record information securely. Since data stored using blockchain technology is hard to hack or forge, the ownership of NFTs is well-secured.

An NFT should be unique and contain only one owner at a particular time. So, using blockchain technology, identity and ownership information can be protected digitally.

What is a trademarked NFT?

A trademark can protect any intellectual asset of a brand and safeguard its identity. Similarly, an NFT can also be trademarked to preserve its uniqueness. An NFT trademark protects all the NFT goods transacted digitally using blockchain technology. Since NFTs are also to be protected from infringement by other parties, you can register a trademark for them.

In addition to providing protection, trademarking your NFTs can bring you more benefits. Some of them are listed below.

  • Since everything is digitalized nowadays, trademarking NFTs can enable you to produce digitally specific goods and services.
  • Like real-world businesses, you can manage your brand identity in the metaverse.
  • NFT trademarks help you increase your customer base in the metaverse, thereby establishing your brand’s name in the virtual world.

Types of NFT trademarks

Since the metaverse concept is highly evolving, establishing brand identity virtually becomes more important for businesses. The following are the types of NFT trademarks registered so far.

  • Restaurants, dining, foods, and beverage.
  • Entertainment, arts, sports, music, events.
  • Finance and banking.
  • Clothing, accessories, retail, and other goods and services.
  • Individuals.

How does a trademark protect an NFT?

In addition to the protection provided by blockchain technology for your digital assets, a registered trademark offers the following protection.

  • An NFT trademark can uniquely identify the products and services of your brand in the metaverse.
  • It reduces confusion with other brands, thereby preventing infringement.
  • In case of infringement, the NFT trademark will let you take quick action against it.
  • It preserves your right on your NFTs to sell or use or license to others.

Want to apply for an NFT trademark? Brealant limited is here for your help!

Applying for an NFT trademark requires the same procedure as applying for regular trademarks. To register an NFT trademark with the USPTO (United States Patent and Trademark Office), you must file an application and check whether your NFT trademark is unique. Contact us if you don’t know how to protect your rights in the virtual world by trademarking your brand’s NFTS. We will help you in your entire process.

You’ve heard of trademarks, copyright, and a registered trademark, but are you aware of trademarks ™, ®, or ©? The copyright symbols (TM, ®, or ©) frequently appear in print, packaging, and even social media posts. These signs represent intellectual property rights owned by the person who created them or their employer. They are important legal terms that can affect your online presence (and even your offline identity). Learn what they mean and how to protect your intellectual property rights.

You might already use trademarks and copyrights to protect your brand or ideas, but did you realize these three symbols also have different meanings? In fact, “trademark” refers to the mark placed on goods, services, or other items to distinguish them from those of other companies. On the other hand, “copyright” protects the author’s creations, such as books, articles, songs, movies, images, and websites. These three symbols are critical components of intellectual property and have separate meanings and usage requirements. Your brand identity should be protected at every turn. If someone uses your name in their marketing without permission, you can take action against them.

The ™, ®, and © symbols are usually found on products registered with a government agency. They are used to protect the ownership rights of a brand name. Depending on your business needs, you may want to use them to prevent fraud.

You may not have much experience with intellectual property law, but most people know that trademarks and copyrights are important to protect your brand from theft. Brands usually cannot be placed on the same level as private citizens or organizations, but they can still be protected by legal means. Knowing what symbols fall under the jurisdiction of intellectual property laws is very important. This article will give you all you need to know about ™, ®, and © symbols to protect your brand from infringement theft.

A brief about usages of these symbols

  1. ™ Symbol– When filing for a trademark with the trademark registry, the TM symbol is utilized. Thus, the TM symbol denotes that a trademark application has been filed in connection with the trademark and acts as a warning to infringers and counter-fitters.
  2. ® Symbol– The applicant may utilize the ® symbol next to the trademark once registered. When a trademark has the R symbol, it has been registered and is therefore protected from infringement by trademark law. Using the ® symbol after submitting a trademark application or without first registering a mark is forbidden. A registered trademark is protected during the term of the original registration. The date stamped on the certificate determines the duration of protection.
  3. © Symbol- Any work that can be protected by copyright, such as artwork, photography, videography, books, literary works, etc., is indicated by the symbol (copyright), which also serves as a reserved right notification. The C sign is used with the owner’s name and the year it was published.

What do all these symbols cover?

  • ©- An original work of literature, film, music, visual art, computer software, and architecture is granted copyright, which gives the creator legal rights for a set amount of time.
  • ®- The registered symbol denotes that the goods and services you are utilizing your trademark have been properly registered with the IP office. This grants you the right to use your trademark legally.
  • ™- The trademark includes any combination of symbols, logos, letters, numbers, a phrase, sounds, colors, shapes, odors, images, and characteristics of packaging or branding. Even if your brand hasn’t yet been officially registered with the relevant IP authority, the symbol “TM” indicates that you assert a right to use it as a trademark.

Conclusion

There are plenty of marketing companies that seek to infringe on brands. They try to copy and use their names without considering whether they infringe. In the worst case, these companies can create names similar to your brand’s. Thus, it would help if you protected your brand using ™, ®, © symbols. These symbols will help prevent your brand from being copied.

As an entrepreneur, small business jobs, and freelancer, it’s important for you to understand the importance of legal protection for your brand and your ideas. If you don’t protect yourself legally, someone else will use your ideas or designs without giving credit or compensation. We hope the above blog provided you with some info on these symbols, their meaning, and how they can help your business protect itself.