Counsel Eye TM Harmonization for Metaverse and NFTs

The International Trademark Association (INTA) recently published two white papers— one on the metaverse and the other on NFTs— to highlight key trademark uncertainties for these emerging technologies.

Counsel say INTA was correct to focus on the classification of goods and services, harmonization concerns, brand licensing, and other key issues in the reports.

Finnegan partner Mark Sommers told Managing Intellectual Property that, “Classification may not be as big of a deal for US applicants as it is for those filing in other countries.” He notes that the USPTO looks at the nature of products irrespective of where they fall within the Nice Classification system when determining likelihood of confusion, whereas many IP offices do not.

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