Knobbe Martens partner Jonathan Menkes was quoted by Law360 in the article “5 Top NFT Questions Attys Want IP Agencies To Explore.” The article discusses the U.S. Patent and Trademark Office (USPTO) and U.S. Copyright Office’s decision to study the impact of intellectual property rights on non-fungible tokens (NFTs).
The article notes that companies have been seeking clarity on how to proceed with NFT and metaverse-related trademark applications, given that the USPTO is currently processing thousands of such applications. Menkes notes that, in particular, there’s an “imminent need for guidance” from the USPTO on the appropriate specimens of use—real-world examples of how a trademark is being used for the goods or services—in applications for NFTs.
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