One of the greatest misconceptions about trademarks is that they must be registered with the USPTO. They do not!
Under 15 U.S.C. § 1125(a), unregistered trademarks (e.g., NFT Trademarks) have virtually the same protections as trademarks registered with the USPTO. You have rights in them just like a registered trademark. They can be enforced just like a registered trademark. How?
Under U.S. law, you acquire rights in a trademark when you (1) begin use of a trademark AND (2) your trademark is otherwise protectable (i.e., is not merely descriptive (e.g., trying to use SHOES as your trademark for your line of shoes)). The USPTO primarily focuses on (2). But an NFT Trademark records your trademark’s use on the blockchain, a record that cannot be altered or amended, thus recording your use, the (1) requirement of trademark rights.
So while the USPTO focuses on (2), our NFT Trademark provides you with proof of use of your trademark, verified on the blockchain or public digital register, satisfying the main critical component of 15 U.S.C. § 1125(a), namely verified use of your trademark at a set point in time.