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ARTICLE · 23 JULY 2021

NFTs And Branding – Does Trademark Protection Need To Be Considered?

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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Having one's intellectual property protected by appropriate registered intellectual property rights should be on the agenda of every diligent businessperson.

AustriaIntellectual Property

Having one's intellectual property protected by appropriate registered intellectual property rights should be on the agenda of every diligent businessperson. Whenever new technology is developed it should be protected as (utility) patent - or kept secret (trade secrets). The new products and/or services resulting from the new invention will usually be commercialised under a specific name - a brand that can be protected as a trademark. Additionally the question arises as to whether there is already a generic name for such product/service or whether the invention created a completely new thing that is not yet reflected in the Nice Classification, the international classification of goods and services used by most IP Offices for the registration of trademarks.

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