How Does the Right to Use a Trademark Arise in NFTs?

⏱️ Reading time: 10 minutes · 📁 Category: NFT Law, Trademark Law, Digital Assets

🏷️ How Does the Right to Use a Trademark Arise in NFTs?

One common source of confusion in NFT projects is:

“I bought an NFT: can I use the trademark?”

“The NFT contains a logo: can I use it commercially?”

“I own the collection: can I say that I represent the brand?”

Basic rule:
Buying an NFT does not grant the right to use a trademark.
The right to use a trademark arises only from an explicit and valid legal basis. 1️⃣ Why Are NFTs and Trademark Rights Different?

An NFT is a blockchain record representing a digital asset.
A trademark:

• Is a distinctive sign
• Is an industrial property right protected through registration
• Provides an exclusive right over commercial use

The presence of a trademark in NFT content
does not mean that the right to use that trademark is automatically transferred.

2️⃣ How Does the Right to Use a Trademark Arise? 🔹 A) Licence Agreement

The most common and secure method is a licence agreement.

The trademark owner may grant rights:

• Within a specified scope
• For a specified period
• In a specified territory
• For a specified form of use

These terms can grant an NFT project the right to use the trademark.

Without a licence, using the trademark in an NFT project
may constitute trademark infringement. 🔹 B) The Trademark Owner Creates the NFT Project Directly

If the trademark owner issues the NFT collection directly:

• The trademark use is lawful
• The collection may be considered the brand’s digital extension

However, even then, the NFT buyer
does not automatically acquire the right to use the trademark commercially.

🔹 C) An Explicit Contractual Provision

Some NFT projects explicitly state their terms of use:

• Commercial use is permitted
• There is an annual revenue limit
• The trademark is licensed only for digital use

These rights arise not from the token, but from
the project contract.

3️⃣ Can an NFT Buyer Use the Trademark?

General rule:

• It can be used as a profile picture (permitted in most projects)
• It can be shared on social media

However, the following rights do not arise automatically:

• Manufacturing products in the brand’s name
• Selling physical products under the trademark
• Running campaigns in the brand’s name
• Using the trademark as a sub-brand

An NFT holder is not the brand’s representative. 4️⃣ The Highest-Risk Scenarios ⚠️ Selling Merchandise Based on an NFT Collection

If NFT holders produce T-shirts, mugs or posters using the trademark,
this may constitute infringement if there is no explicit licence.

⚠️ Creating the Impression of an “Official NFT Project”

Without a connection to the trademark owner,
NFT collections that evoke the brand carry a serious risk of infringement.

⚠️ The Metaverse and Virtual Stores

Virtual stores opened under the brand name
are unlawful without a licence.

5️⃣ What Should Trademark Owners Do in NFT Projects?

• Register the trademark in NFT classes as well
• Extend protection to digital assets and the metaverse
• Set clear licence terms
• Monitor imitation NFT projects

As of 2026, many brands:

• Register trademarks in classes covering NFTs and digital assets
• Extend protection to the metaverse and virtual products

Conclusion: An NFT Does Not Create Trademark Rights

A trademark appearing in an NFT:

• Does not grant an automatic right of use
• Does not confer authority for commercial representation
• Does not grant the right to create a sub-brand

Expert Conclusion:
In NFT projects, the right to use a trademark arises only through a licence, an explicit contract or
the trademark owner’s direct initiative.
Otherwise, use carries the risk of trademark infringement.

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