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ARTICLE · 15 NOVEMBER 2022

Trademark Issues In NFT's

Khurana & Khurana, Advocates and IP Attorneys
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NFTs, or Non-fungible Tokens, have received a lot of attention recently, but many people are still unaware of their uses and functionality.

IndiaIntellectual Property

Trademark Issues In NFT's

NFTs, or Non-fungible Tokens, have received a lot of attention recently, but many people are still unaware of their uses and functionality. A non-fungible token, or NFT, is a blockchain-based digital asset that cannot be exchanged or traded.

Trademarks are frequently replicated in NFTs, usually without the owner's knowledge. Such unauthorised use immediately draws attention to trademark infringement and the remedies available for it. The Benelux Convention on intellectual property states that the IP holder is the sole person with the right to forbid others from using his registered product in an unfair way even if his product is not very prominent in the market. Otherwise stating, if any person not authorised uses the trademark without the knowledge of the owner in the metaverse or any digital space, then there has been a trademark infringement. However, many businesses have not yet filed their trademarks for protection in connection

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