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What trademark class should I choose for NFTs?

Written by Jan Buza

Co-founder of Trama

NFTs as digital tokens are usually covered by Class 9, which includes downloadable digital files and virtual goods. If you’re trying to protect an NFT marketplace or platform, then class 35 is more relevant, as it covers online retail services for virtual goods.

Some IP offices have issued specific guidance on how NFTs and related services should be categorized. For example, the EUIPO and USPTO both accept Class 9 for NFTs as downloadable digital items authenticated by blockchain technology, with Class 35 for NFT trading platforms and Class 41 for entertainment services linked to NFTs. You should check the accepted terminology and recommended classes with the relevant IP office before filing.

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