Non-fungible Tokens (NFTs)

The primary meaning of non-fungible token (NFT) is "a

unique digital identifier that cannot be copied, substituted, or subdivided, that is

recorded in a blockchain, and that is used to certify authenticity and ownership (as

of a specific digital asset and specific rights relating to it)."

https://www.merriam-webster.com/dictionary/NFT

(accessed February

27, 2026). While an NFT may include information about a good or service, it is not

the good or service itself. For example, an NFT for a piece of digital artwork may

contain information, such as the artwork’s name, artist’s name, a record of past

ownership, and details about where one can find the artwork. However, the actual

digital artwork file is stored elsewhere. Thus, these digital identifiers on a

blockchain are similar to certificates of authenticity or ownership and are not

considered goods or services under the Trademark Act. See

TMEP

§§1202.06-1202.06(c)

regarding goods in trade and

§§1301.01-1301.01(b)

regarding activities

that are services under the Trademark Act. Accordingly, “non-fungible tokens,”

“NFTs,” and equivalent wording are not acceptable identifications of goods or

services because they do not clearly indicate goods in trade or services under the

Trademark Act. The USPTO will deny a filing date for §1 or §44 applications with the

identifications “non-fungible tokens,” “NFTs,” or equivalent wording because the

wording fails to identify recognizable goods or services. For additional information

regarding entitlement to a filing date with respect to identifications, see

TMEP §1402.02

.

Furthermore, “non-fungible tokens” and “NFTs” are not

classifiable under the Nice Classification. For additional information about the Nice

Classification, see

TMEP §1401.02(a)

. An

identification cannot be accepted if the appropriate class of the goods or services

cannot be determined.

See

TMEP §1402.01(a)

egarding entitlement to a filing date with respect to identifications, see

TMEP §1402.02

.

Furthermore, “non-fungible tokens” and “NFTs” are not

classifiable under the Nice Classification. For additional information about the Nice

Classification, see

TMEP §1401.02(a)

. An

identification cannot be accepted if the appropriate class of the goods or services

cannot be determined.

See

TMEP §1402.01(a)

.

Although the identifications “non-fungible tokens”

and “NFTs” do not indicate particular or classifiable goods or services, several

entries were added to the Nice Alphabetical List under the 12th edition of the Nice

Classification for digital and physical goods that are “authenticated by non-fungible

tokens [NFTs].” Under Nice 12-2023, the Committee of Experts added the entry

“downloadable digital files authenticated by non-fungible tokens [NFTs]” to the Nice

Alphabetical List in Class 9. Under Nice 12-2024, that entry was changed to

“downloadable digital

image

files authenticated by non-fungible

tokens [NFTs].” (Emphasis added.) Classification of said goods in Class 9 is based on

the wording “recorded and downloadable media” in the Nice Class Heading for Class 9

under the 12th edition of the Nice Classification and the Nice Alphabetical List

entry “downloadable image files” in Class 9. Additionally, the entry “downloadable

digital music files authenticated by non-fungible tokens [NFTs]” was added to the

Nice Alphabetical List in Class 9 and, as an example of physical goods authenticated

by NFTs, “clothing authenticated by non-fungible tokens [NFTs]” was added to the Nice

Alphabetical List in Class 25. For additional information regarding the Nice

Alphabetical List, see

TMEP §1401.02(c)

.

While the additional entries to the Nice Alphabetical

List provide guidance on classifying goods, the USPTO may require additional

clarification and specificity when identifying goods

thenticated

by NFTs, “clothing authenticated by non-fungible tokens [NFTs]” was added to the Nice

Alphabetical List in Class 25. For additional information regarding the Nice

Alphabetical List, see

TMEP §1401.02(c)

.

While the additional entries to the Nice Alphabetical

List provide guidance on classifying goods, the USPTO may require additional

clarification and specificity when identifying goods. Under USPTO policy, an

identification must set forth the particular goods on or in connection with which the

applicant uses or has a bona fide intention to use the mark in commerce.

See

TMEP §1402.01

. If accurate, an identification may also

indicate that the goods are “authenticated by non-fungible tokens (NFTs).” An

identification for goods authenticated by non-fungible tokens must comply with USPTO

requirements for acceptably identifying goods of the type indicated.

See

TMEP §1402.01

. For example, identifications for

downloadable image, audio, or video files authenticated by non-fungible tokens must

indicate the subject matter of the files. This information is required in order to

provide public notice regarding the nature of the goods and to enable informed

judgments concerning likelihood of confusion under

15 U.S.C. §1052(d)

.

An identification must not include square brackets

around the acronym NFT. In general, identifications must not include square brackets;

however, parentheses may surround acronyms following the wording for which the

acronym stands, such as "non-fungible tokens (NFTs)."

See

TMEP §1402.12

.

Both physical and digital goods can be authenticated

by non-fungible tokens. Examples of acceptable identifications in Class 9 for

downloadable files authenticated by non-fungible tokens include the following:

Downloadable music files authenticated by

non-fungible tokens (NFTs);

Downloadable image files of sneakers

authenticated by non-fungible tokens (NFTs); and

Downloadable multimedia file containing video

relating to sports highlights authenticated by non-fungible tokens (NFTs)

of acceptable identifications in Class 9 for

downloadable files authenticated by non-fungible tokens include the following:

Downloadable music files authenticated by

non-fungible tokens (NFTs);

Downloadable image files of sneakers

authenticated by non-fungible tokens (NFTs); and

Downloadable multimedia file containing video

relating to sports highlights authenticated by non-fungible tokens (NFTs).

Examples of physical goods authenticated by

non-fungible tokens include the following:

"Handbags authenticated by non-fungible tokens

(NFTs)" in Class 18; and

"Sneakers authenticated by non-fungible tokens

(NFTs)" in Class 25.

For additional guidance on identifying and

classifying goods authenticated by NFTs or services related to NFTs, consult the ID

Manual.

For information regarding the identification of retail

store services featuring goods authenticated by NFTs, see

TMEP

§1402.11(a)(vi)

.