A Guide to Trademark Registration for NFT Projects

In the past few years, non-fungible tokens (NFTs) have exploded in popularity. From digital art and music to in-game items and virtual land, NFTs have opened up new ways for creators to earn and connect with fans. Many Filipino artists and businesses are now building entire brands around their NFT projects, with unique names, logos, and collections.

But here’s the catch: just like in the real world, copycats are everywhere. Without proper protection, someone else could use your NFT name or logo and ride on your hard work. That’s where trademark registration with IPOPHL (the Intellectual Property Office of the Philippines) comes in.

What Exactly Is an NFT?

Think of an NFT as a digital proof of ownership. It’s stored on a blockchain, making it unique and impossible to duplicate. This means when you buy an NFT, you’re not just downloading a file—you’re buying a verified, one-of-a-kind digital asset.

This is why we’ve seen NFTs sold for crazy amounts in online auctions. People aren’t just buying art or music—they’re buying the rights to say, “This is the authentic original.”

How Businesses Are Using NFTs

NFTs aren’t just for artists anymore. Companies are finding creative ways to use them too:

• Authenticity checks – Linking NFTs to physical products to prove they’re real.
• Branding tools – Creating digital collectibles that strengthen brand identity.
• Fundraising – Selling limited NFTs to raise money for projects.
• Loyalty rewards – Giving NFTs as membership passes, perks, or rewards.
• Gaming & virtual real estate – Selling unique in-game assets or plots of land in virtual worlds.

Can You Trademark an NFT in the Philippines?

Yes—but not the NFT itself. What you can trademark are the brand elements around it, like:

• The project name
• Your logo
• Your artist/creator name
• The name of a collection

The digital artwork or file is usually covered by copyright law, while your brand identity is protected by trademark law.

👉 Example: A few years ago, some NFT collections based on Filipino comic book heroes got hit with cease-and-desist orders because they used character names without permission. If those creators had built and registered their own distinct brands with IPOPHL, they would have been on much safer ground.

How IPOPHL Handles Trademarks for NFTs

Registering an NFT brand works just like any other trademark in the Philippines:

1. File your application with IPOPHL.
2. Formality check – You get an application number.
3. Examination – IPOPHL checks if your mark is unique.
4. Publication – Your mark is published in the IPOPHL Gazette.
5. Opposition period – Anyone has 30 days to challenge it.
6. Decision – If no one objects (or if you win the opposition), you get a Certificate of Registration.

If IPOPHL refuses your application, you can appeal to the Director of Trademarks, the Director General, and even up to the Court of Appeals or the Supreme Court.

Why You Should Trademark Your NFT Name

Here’s why it’s worth the effort:

• Protects your brand – Stops others from using similar names or logos.
• Builds recognition – Makes your NFT project more trustworthy.
• Creates new income – You can license your trademark to others.
• Helps with enforcement – Easier to go after copycats legally.
• Attracts investors – Shows your project is serious and legally protected.

What Parts of NFTs Can Be Trademarked?

• Project or Collection Name (e.g., your series title)
• Logo of your NFT marketplace or project
• Artist/Creator Name if used as a brand
• Distinctive Taglines or Slogans

⚠️ Reminder: the artwork itself is usually covered by copyright, not trademark.

How to Trademark Your NFT with IPOPHL

1. Do a trademark search – Check if your NFT name is already taken.
2. Pick the right class – Most NFT-related marks fall under:
   • Class 9 (downloadable digital files)
   • Class 35 (marketplaces/services)
   • Class 41 (arts, entertainment, and cultural works)
3. File online through IPOPHL’s eTMFile system.
4. Respond to office actions if IPOPHL asks for clarifications.
5. Wait for publication & opposition – Survive this stage.
6. Get your Certificate of Registration – Your NFT brand is officially protected.

Final Thoughts

NFTs are changing how we buy, sell, and collect digital assets—but without trademark protection, your brand could easily be copied or diluted. By registering your NFT name, logo, or collection with IPOPHL, you’ll have the legal protection you need to grow your project with confidence.

For creators who want expert help, firms like Brealant, Federis, and Hechanova can guide you through the process.

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