The Legal Blog

Hi, I'm RANDI.


I help my clients secure their business success by providing easy to understand legal guidance in a supportive environment, so they can focus on achieving their full potential.  


SEARCH BY Category


business formation

business operations


intellectual property


social media

WATCH OUT! NFT Creators Are STEALING Your Trademark – DO THIS now!


share this article:

NFT creators are starting to trademark words and phrases associated with their brands. This could be a problem for you if you’re not doing the same. Here’s what you need to do to protect your brand from being stolen by NFT creators.


NFTs are one of the most exciting and lucrative developments in technology. Do you know what they are and how to get involved?

The dangerous truth is an impending disaster to your brand is just around the corner. If you don’t realize the risks, and want to protect yourself before it’s too late, then keep reading!

In this blog post, I’ll even give you the super ninja action you can take today to protect your brand in the Metaverse.


NFTs are unique digital assets which are stored on a digital record called a blockchain. NFTs are associated with items such as digital images, photos, videos, or audio. Merely by virtue of being scarce, these items have become incredibly valuable! Moreover, there’s only ever going to be one existent token at any given time.

The first NFT was created in 2014. Popularity and demand has increased to the point that it’s now a multi-billion dollar industry!

As the NFT industry explodes, trademark applications are slowly following suit.  In fact, in 2020 there were basically no US trademark applications claiming “NFT goods or services.” In 2021, there were over 2000 new applications.  

I predict in 2022, there is going to be a gold rush of trademark applications for NFT or digital assets.

In fact, many powerful brands have already begun filing trademark applications for their brands in this arena. These brands include SAKS, Marvel, Mattel, Walmart, and  NIKE



Do you already have a trademark for your amazing brand?  That’s awesome.  Registering the trademark for your business name is a low-priced, high value action to secure your success.   

A trademark gives you a monopoly over the use of a word, phrase, symbol, design, or a combination of these things that identifies your specific goods or services. Additionally, it’s how customers recognize you in the marketplace and distinguish you from your competitors.

The key point is that you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.  

Think of Delta Airlines and Delta Faucets.  Both are very well known trademarks that exist together.  You would never confuse an airline business with a faucet business, would you?


File an “intent to use” trademark application to protect your brand for NFTs and other virtual goods or services NOW.

Intent to use means that you haven’t started using your trademark in commerce, but you have a bona fide intent to do so within the next three to four years.

Therefore, this will give you 3 to 4 years to actually use the mark with the virtual goods or services you apply for. 

Furthermore, the legal value of defensive filings still exists even if you’re not eventually able to show actual use within the allowed time period. Alternatively, even if you simply decide not pursue Metaverse or NFT goods and services after all.  Since first to file rules apply, then nobody else will be able to register your brand in the same categories while your application is pending.

In addition, clever marketers can use these filings and announcements to their advantage in order to make a splash with the media.

You can be successful in this new world of the NFT economy.  Just do it right – so you don’t have to do it over.

Want to learn more about securing your success in the NFT world? Start today by reading my blog post WARNING! WHY NFT CREATORS ARE IN FOR A HUGE SHOCK – HERE’S WHAT YOU NEED TO DO NOW!

If you’re an entrepreneur or creator and serious about growing your business while avoiding the hidden legal dangers, jump on my calendar.

About Sagacity Legal:
Sagacity Legal is a Florida-based firm that works with service-based small business owners, who want to minimize their legal risk so they can focus on achieving their full potential.

This article and all content herein is solely intended for general information purposes and should not be construed as legal advice in any manner. This information is not intended to create, and receipt or viewing, or communication via email or other means does not establish an attorney-client relationship. An attorney-client relationship is only formed when a written engagement agreement is executed. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Leave a Reply

Your email address will not be published. Required fields are marked *

leave a comment on this post.

previous comments

      * Testimonials found on this website are actual client reviews of Sagacity Legal PLLC. Prospective clients may not obtain the same or similar results.
    ** The information contained in this website is intended for general informational purposes only, and should not be construed as legal advice on any matter.
  *** For important disclaimer information please visit
**** This firm is registered to practice in the State of Florida and before the USPTO.
***** Sagacity Legal,  the Sagacity Legal logo, and Securing Your Success are registered trademarks of Sagacity Legal PLLC