# TMEP § 1401.15(b): Non-fungible Tokens (NFTs) > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1401.15(b) ## Section - **Citation:** TMEP § 1401.15(b) - **Heading:** Non-fungible Tokens (NFTs) - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USPTO TMEP / Chapter 1400 - Classification and Identification of Goods and Services / TMEP § 1401.15(b) ## Text 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) . ## Nearby sections - [TMEP § 1401.01 Statutory Authority](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.01.md) - [TMEP § 1401.02 International Trademark Classification Adopted](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02.md) - [TMEP § 1401.02(a) Headings of International Trademark Classes](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(a).md) - [TMEP § 1401.02(b) Short Titles for International Trademark Classes](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(b).md) - [TMEP § 1401.02(c) International Alphabetical List](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(c).md) - [TMEP § 1401.03 Designation of Class](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03.md) - [TMEP § 1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(a).md) - [TMEP § 1401.03(b) Designation of Class by USPTO When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(b).md) - [TMEP § 1401.03(c) Failure to Classify May Delay Action in Applications Under §§1 and 44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(c).md) - [TMEP § 1401.03(d) Classification Determined by World Intellectual Property Organization in §66(a) Applications](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(d).md) - [TMEP § 1401.04 Classification Determines Number of Fees](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04.md) - [TMEP § 1401.04(a) Prior United States Classification System](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04(a).md) - [TMEP § 1401.04(b) Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04(b).md) - [TMEP § 1401.05 Criteria on Which International Classification Is Based](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.05.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1401.15(b). Check the current official text before relying on it. Not legal advice.