Trademark Classes for NFTs, the Metaverse and Digital Goods Explained

If you are launching an NFT collection, selling virtual goods or building a storefront in the metaverse, one question decides whether your brand is really protected: which classes do you file in? The short answer is that the trademark classes for NFTs usually sit in Class 9 (the downloadable virtual item an NFT authenticates), Class 35 (retail and marketplace services for those goods) and Class 41 (online experiences that are streamed rather than downloaded). These classes come from the Nice Classification, the international system that TÜRKPATENT and most offices use, so choosing them well matters wherever you file.

What Are the Trademark Classes for NFTs?

The trademark classes for NFTs are the Nice Classification headings that describe the digital product, because there is no single dedicated “NFT class.” A non-fungible token (NFT) is a unique entry on a blockchain that points to or authenticates an item, so trademark offices classify the underlying item, not the token. As of the time this article is written, that means downloadable virtual goods and authenticated digital files are placed in Class 9, services for retailing them are placed in Class 35, and online, non-downloadable virtual experiences are placed in Class 41.

In practice, most brands entering this space file in more than one class. A fashion label selling virtual sneakers as NFTs, for example, may want Class 9 for the downloadable item, Class 35 for the online store that sells it, and Class 41 if it also runs virtual events. The goal is to match the classes to what you actually offer, rather than filing everything and paying for cover you will never use.

Why NFTs and the Metaverse Changed Trademark Filing

NFTs, the metaverse and digital goods forced trademark offices to fit purely virtual products into a classification system that was built around physical shelves. The Nice Classification, administered by the World Intellectual Property Organization (WIPO, wipo.int), is updated regularly, and recent editions have added clearer wording for downloadable virtual goods and for the services around them.

Guidance from the European Union Intellectual Property Office (EUIPO, euipo.europa.eu) issued in 2023 treats virtual goods as digital content that belongs in Class 9, and makes an important point: the term “virtual goods” on its own is too vague, so you have to say what the virtual goods actually are. The United States Patent and Trademark Office takes a similar line. These offices do not word everything identically, but the direction is consistent, and TÜRKPATENT in Türkiye works from the same Nice Classification framework.

Class 9: Downloadable Virtual Goods and NFTs

Class 9 is the primary home for downloadable virtual goods and for the digital items an NFT authenticates. Clients often ask which trademark class covers virtual goods, and for anything downloadable the answer is usually Class 9. This is the class that historically covered software, downloadable files and digital media, so a virtual handbag, a game skin, digital art or a music file sold as an NFT fits here naturally.

The key is specificity. An office will usually accept wording such as “downloadable virtual goods, namely, virtual clothing and footwear” far more readily than a bare reference to “NFTs.” The non-fungible token is the method of sale or authentication; the protected product is the virtual item it represents. Getting the trademark classes for NFTs and virtual goods right at this stage avoids re-filing and extra fees later.

Class 35 and Class 41: Services in the Metaverse

Class 35 and Class 41 cover the services that surround virtual goods, rather than the goods themselves. Class 35 is the retail class: it covers “retail store services featuring virtual goods,” online marketplaces and the advertising around them. If your business is selling other creators’ NFTs, or running a storefront in a virtual world, Class 35 is often essential.

Class 41 covers entertainment and education delivered online and not downloaded. A live concert inside a virtual world, a streamed game experience or non-downloadable virtual goods for use in online environments generally sit here. Two further classes come up often: Class 42 for the technology platforms that host virtual environments, and Class 36 where genuine financial or cryptocurrency services are involved. Which of these you need depends entirely on what you sell.

Here is how the main Nice classes map to a virtual goods or NFT business, with sample wording an examiner is likely to accept:

• Class 9: downloadable virtual goods and the digital items an NFT authenticates, for example “downloadable virtual goods, namely, virtual clothing authenticated by non-fungible tokens.”
• Class 35: retail and marketplace services for virtual goods, for example “retail store services featuring virtual goods.”
• Class 41: online, non-downloadable virtual experiences and entertainment, for example “entertainment services, namely, providing non-downloadable virtual goods in online environments.”
• Class 42: the technology platforms that host virtual worlds, for example “providing online, non-downloadable software for virtual worlds.”

How to Describe Virtual Goods and NFTs in Your Application

The single biggest filing mistake is describing the goods as “NFTs” and stopping there. Most offices now expect you to name the digital item the token relates to, so the trademark classes for NFTs and virtual goods only work when the wording is precise. A clear specification does three things: it names the virtual item, it states whether it is downloadable, and it can note that the item is authenticated by non-fungible tokens.

A practical way to build your specification:

• Name the real-world or virtual product first, for example virtual footwear, digital artwork or game items.
• State whether it is downloadable (which points to Class 9) or experienced online without download (which points to Class 41).
• Add the retail or marketplace angle in Class 35 if you sell to others.
• Claim only the classes that match goods and services you offer or genuinely intend to offer.

Choosing Trademark Classes for NFTs in Turkey

In Türkiye, the trademark classes for NFTs follow the same Nice Classification applied by TÜRKPATENT (turkpatent.gov.tr), under Industrial Property Code No. 6769. There is no separate Turkish system for digital goods: you file in Class 9, Class 35, Class 41 and others exactly as the product requires, and Türkiye allows a multi-class application, so you can cover several classes in a single filing.

If you are wondering how to trademark an NFT in Turkey, the process mirrors a normal trademark: a clearance search, a well-drafted specification, filing before TÜRKPATENT, examination, publication for opposition and then registration. In our practice before TÜRKPATENT, applications with a clean clearance search and a precise specification tend to move more smoothly, because vague “NFT” wording is a common reason for objections. Official fees rise with each additional class, so the classes you choose affect both protection and cost. Those fees and timeframes change, so confirm current figures with a trademark and patent attorney before you file. Leo Patent, based in Istanbul, advises foreign and Turkish brands on exactly these filings.

Common Mistakes When Registering a Trademark for the Metaverse

Registering a trademark for the metaverse tends to go wrong for a few predictable reasons. Knowing them in advance saves money and avoids refusals.

• Filing only “NFTs” with no detail. Offices usually refuse or query this, because it does not identify the goods.
• Assuming a physical-goods registration already covers virtual versions. A trademark for physical shoes in Class 25 does not automatically protect downloadable virtual shoes in Class 9.
• Over-filing. Claiming every class to be safe wastes fees and can leave parts of the registration open to non-use cancellation later.
• Ignoring the service side. Many metaverse businesses are really marketplaces or experiences, so they need Class 35 or Class 41 as much as Class 9.

Registering a trademark for the metaverse is far easier when you map your real activities to classes first, then write the specification to match.

Choosing the trademark classes for NFTs comes down to describing what you actually sell: downloadable virtual goods in Class 9, retail and marketplace services in Class 35, and online experiences in Class 41, with other classes added only where they fit. Get the specification precise and file in the right classes, and your brand is protected across physical and virtual markets alike. If you would like help mapping your project to the right classes, contact us for more information.

Frequently Asked Questions

How many trademark classes do I need for NFTs?

Most NFT and virtual-goods brands need between one and three classes. Class 9 covers the downloadable item, Class 35 covers retail or marketplace services, and Class 41 covers online experiences; you claim only the ones that match what you sell.

Which trademark class covers virtual goods?

Downloadable virtual goods are usually placed in Class 9. If the item is experienced online without being downloaded, it often belongs in Class 41 instead, and selling virtual goods to others points to Class 35.

Can I register just the word “NFT” as a trademark?

No. Trademark offices generally do not accept “NFT” or “NFTs” on its own as a description of goods, because it does not identify the product. You must state the virtual or digital item the token authenticates.

Does my existing trademark for physical goods protect the virtual version?

Not automatically. A registration for physical products in, say, Class 25 does not cover downloadable virtual versions in Class 9. If virtual goods matter to your brand, file for them specifically.

How do I trademark an NFT in Turkey?

If you are asking how to trademark an NFT, the steps are the same as any trademark in Türkiye. You run a clearance search, draft a precise specification of the virtual goods or services, and file a multi-class application before TÜRKPATENT under Industrial Property Code No. 6769, followed by examination and an opposition period before registration.

How long does trademark registration take in Turkey?

As a rough guide, a smooth Turkish trademark can take around six to twelve months from filing to registration as of the time this article is written, assuming no opposition. Timelines and official fees change, so confirm current details with a trademark and patent attorney.

Does a Turkish trademark protect me in the metaverse worldwide?

No. A trademark is territorial, so a Turkish registration protects you in Türkiye. For protection in other markets you file there directly or use international routes such as the WIPO Madrid System.

About Leo Patent

Leo Patent is a leading trademark and patent attorney firm (marka ve patent vekili) serving foreign and Turkish clients across Türkiye. The firm is registered before the Turkish Patent and Trademark Office (TÜRKPATENT) and the Istanbul Chamber of Commerce (registration no. 308755-5), and handles trademark, patent, design and other intellectual property registrations in Türkiye and internationally.

This article was prepared under the supervision of Burak Ünal, general manager of Leo Patent, registered trademark attorney (TÜRKPATENT reg. no. 2900) and registered patent attorney (TÜRKPATENT reg. no. 1677). He holds a Business Management degree from Boğaziçi University (2016) and an MSc in Finance from the London School of Economics, which he attended as a Chevening Scholar; he is also a congress member of Galatasaray Sports Club. He advises clients in Turkish, English, French and Chinese. In Türkiye, trademark and patent attorneys are a regulated profession separate from lawyers: Burak Ünal is not a lawyer, and Leo Patent does not provide lawyer services or court representation.

Need help with a trademark or patent in Türkiye? Contact Leo Patent for a consultation: www.leopatent.com · [email protected] · WhatsApp +90 532 689 48 18.

Disclaimer: Leo Patent is a trademark and patent attorney firm (marka ve patent vekili) and is not a law firm; it does not provide lawyer services, legal advice or court representation. This article is for general informational purposes only and you are strongly advised to consult a qualified professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.