NFTs and branding – does trademark protection need to be considered?
Whenever new technology is developed it should be protected as (utility) patent – or kept secret (trade secrets). The new products and/or services resulting from the new invention will usually be commercialised under a specific name – a brand that can be protected as a trademark. Additionally the question arises as to whether there is already a generic name for such product/service or whether the invention created a completely new thing that is not yet reflected in the Nice Classification, the international classification of goods and services used by most IP offices for the registration of trademarks. Therefore, we considered whether the (virtual) goods and services offered in connection with NFTs can already be found in the Nice Classification for trademark applications.