NFTS, Digital Assets, And Trademark Law In Pakistan: A Complete Guide

The blockchain economy arrived in Pakistan quietly. There was no single moment when NFTs, cryptocurrency projects, and digital asset platforms became commercially significant enough to warrant serious intellectual property attention. It happened gradually, through a growing community of Pakistani creators minting digital art, developers building blockchain-based products, collectors trading tokenised assets, and entrepreneurs launching Web3 projects targeted at both domestic and international markets.

And then the legal questions arrived. Who owns the brand behind an NFT collection? Can a Pakistani blockchain startup register its project name as a trademark? If a well-known Pakistani brand is tokenised without permission, is that trademark infringement? Can the name of a cryptocurrency or a decentralised protocol be trademarked at all?

These are not theoretical questions. They are live commercial issues for a growing community of Pakistani creators, developers, and entrepreneurs operating in a space that moves faster than the law typically does. This guide provides the most comprehensive answer available in the Pakistani context.

Digital asset types and their trademark classes at a glance

Can you trademark an NFT project name or digital asset brand in Pakistan?

Yes. IPO Pakistan’s trademark registration system does not distinguish between digital and physical goods or services. A brand name used in connection with NFTs, cryptocurrency, blockchain platforms, or other digital assets is as eligible for trademark registration as a brand name used in connection with physical products or conventional services, provided it meets the standard requirements of distinctiveness and is not in conflict with prior registrations.

The relevant question is not whether digital asset brands can be trademarked, but which Nice Classes apply, and what specific challenges arise in this context.

Which Nice Classes apply to NFTs and digital assets?

Class 9 — Digital goods, software, and downloadable content

Class 9 is the foundational class for most digital asset brands. Class 9 covers downloadable software, computer programs, electronic publications, digital content, and downloadable virtual goods. The Nice Classification system’s governing body, WIPO, has provided guidance that downloadable digital art authenticated by NFTs and downloadable virtual goods fall within Class 9. This means that an NFT project selling downloadable digital artworks or virtual goods should file in Class 9 as a minimum. For Pakistani blockchain startups building software-based platforms, wallets, applications, or digital tools, Class 9 is the primary class covering the software and application dimension of the brand.

Class 36 — Financial services and virtual currency

Class 36 covers financial services, including currency exchange and financial transaction services. As cryptocurrencies and digital assets have developed, Class 36 has become relevant for blockchain projects with financial services dimensions. A Pakistani cryptocurrency exchange, a digital asset trading platform, or a decentralised finance project may need Class 36 coverage for the financial services aspects of its operations.

Class 35 — Business services and marketplace operations

Class 35 covers business management, advertising, and marketplace services. For NFT marketplaces and platforms that facilitate the buying and selling of digital assets, Class 35 is relevant alongside Class 9. A Pakistani platform that provides a marketplace for trading NFTs is providing a commercial service that falls within Class 35.

Class 41 — Entertainment, art, and cultural services

Class 41 covers entertainment services, artistic services, and cultural activities. For NFT projects that position themselves as art, entertainment, or cultural platforms, Class 41 provides protection for the service dimension of the brand. A Pakistani digital artist who sells NFTs of their artwork and builds a brand around their artistic practice should consider Class 41 alongside Class 9.

Class 42 — Technology and software development services

Class 42 covers technology services, software development, and technical consulting. For blockchain developers and Web3 platform builders, Class 42 protects the technology services dimension of the brand. A Pakistani startup offering blockchain development services, smart contract auditing, or Web3 infrastructure under a brand name needs Class 42.

Class 38 — Telecommunication and digital communication services

Class 38 covers telecommunication and data transmission services. For decentralised communication protocols and blockchain messaging platforms, Class 38 may be relevant. Platforms that provide digital communication infrastructure under a brand name should consider this class.

Class 25 — Virtual fashion and metaverse wearables

This is perhaps the most unexpected class for digital asset brands. Class 25 covers clothing, footwear, and headgear. Major international trademark offices, including the European Union Intellectual Property Office, have accepted that Class 25 is relevant for virtual clothing and wearables sold in metaverse environments. If a Pakistani brand extends into virtual fashion for metaverse avatars or gaming environments, Class 25 provides appropriate protection for those virtual goods.

The copyright and trademark distinction in NFTs: why it matters

One of the most commercially significant misunderstandings in the NFT space is the confusion between purchasing an NFT and acquiring the intellectual property rights in the underlying content.

When someone purchases an NFT of a digital artwork, they typically receive ownership of the token, which records that they are the owner of that specific token. They do not automatically acquire the copyright in the underlying digital artwork unless the terms of the sale explicitly transfer copyright. The creator retains copyright unless they specifically transfer it.

From a trademark perspective, the brand under which an NFT collection is released is owned by whoever holds the trademark registration. The NFT collection brand is not transferred to individual NFT purchasers along with the token. A Pakistani entrepreneur who launches an NFT collection under a brand name and registers that brand as a trademark owns the trademark. Buyers of individual tokens in the collection do not acquire trademark rights in the collection’s brand.

Some NFT projects do grant buyers a licence to use the specific NFT image they purchase for commercial purposes. Whether this constitutes a trademark licence or a copyright licence depends on what rights are specifically granted. Pakistani projects that intend to grant buyers commercial usage rights should do so explicitly in the terms of the sale, specifying exactly what rights are being granted and to whom.

Established brands and NFTs: the infringement question

One of the most contentious trademark questions in the NFT space is whether creating and selling NFTs that feature established brand names, logos, or associated imagery constitutes trademark infringement.

In Pakistan, as in most jurisdictions, using another party’s registered trademark in commerce without authorisation is trademark infringement if the use is likely to cause confusion among consumers about the origin of the goods or services. This principle applies in the digital asset context as it does in the physical world.

An NFT collection that incorporates a registered Pakistani brand’s logo, uses the brand’s name as part of the collection’s identity, or presents itself in a way likely to make consumers believe it is associated with or endorsed by the brand is creating serious trademark infringement risk. The fact that the infringing use occurs in a digital or blockchain context does not insulate it from trademark law.

Pakistani brand owners who discover that unauthorised NFT collections are using their trademarks have the same remedies available to them as they would have against any other trademark infringer: cease and desist letters, injunctions, and damages claims. The enforcement mechanisms are the same. The infringement context is different.

Domain names, social media handles, and digital asset brand protection

Trademark protection for digital asset brands does not stop at IPO Pakistan. A comprehensive brand protection strategy for a Pakistani NFT project, cryptocurrency, or Web3 platform also needs to address the digital brand presence across domains and social media.

Domain name protection is connected to trademark rights. The Uniform Domain-Name Dispute-Resolution Policy, the international mechanism for resolving domain name disputes, gives registered trademark holders a basis for challenging domain names that are identical or confusingly similar to their registered trademarks and held in bad faith. A Pakistani NFT project that has registered its brand as a trademark has a stronger basis for challenging a cybersquatter than a project with no trademark registration.

Social media handle protection similarly benefits from trademark registration. The major platforms, including Twitter/X, Instagram, YouTube, and Discord, all have processes for resolving handle disputes that give registered trademark holders stronger standing than unregistered claimants. For Web3 projects where the brand presence extends to Discord communities, blockchain-based identity systems, and decentralised social platforms, trademark registration provides a legal anchor for brand identity claims even in environments where traditional enforcement mechanisms may be more difficult to apply.

The Pakistan-specific regulatory context

Pakistan’s regulatory treatment of cryptocurrencies and digital assets has evolved over the past several years and continues to develop. The State Bank of Pakistan has issued various circulars and advisories regarding cryptocurrency transactions, and the regulatory framework for digital asset trading and exchange is subject to ongoing development by the State Bank and the Securities and Exchange Commission of Pakistan.

This regulatory uncertainty does not eliminate the trademark questions that arise in the digital asset context, but it is important context. A Pakistani company that provides cryptocurrency exchange services must navigate both the trademark registration requirements for its brand and the regulatory requirements for its operations. These are separate issues governed by separate authorities: trademark protection at IPO Pakistan, and digital asset regulation at the State Bank and SECP.

For Pakistani individuals who participate in global NFT and cryptocurrency markets, the trademark questions are primarily about whether their participation in a specific project exposes them to trademark liability, and whether the projects they invest in have adequate trademark protection for their brands. For Pakistani businesses building in the Web3 space, the trademark questions are about how to protect their brand identity in a manner that is consistent with both Pakistani trademark law and the international trademark practices of the jurisdictions in which they intend to operate.

Step-by-step: protecting a digital asset brand in Pakistan

Step 1: Identify the brand elements that need protection

List every element of your digital asset brand that has commercial significance: the project name as a word mark, the logo and visual identity as a device mark, any associated taglines or distinctive phrases, and any sub-brands associated with specific NFT series or product lines. Each of these may require separate trademark registration.

Step 2: Conduct a comprehensive trademark search

Search the IPO Pakistan trademark database for identical and phonetically similar marks in Classes 9, 36, 41, 42, and any other classes relevant to your project. Because digital asset brand names often use invented or coined terms, the risk of prior conflict may be lower than in more established sectors, but the search is still essential. Conduct searches in international trademark databases as well if your project has international ambitions.

Step 3: Identify the correct Nice Classes for your project

Map your project’s activities to Nice Classes using the reference table at the top of this guide. For most Pakistani NFT and digital asset projects, Class 9 and Class 41 are the core classes. Add Class 36 if financial services are part of the business model. Add Class 42 if the project provides technology services. Add Class 35 if a marketplace is part of the offering. Add Class 38 if digital communication infrastructure is involved.

Step 4: File the trademark application at IPO Pakistan before launch

File online through the IPO e-services portal or in person at the Islamabad office. Government filing fees are PKR 3,000 per class for individuals and PKR 9,000 per class for companies. File before the public launch or announcement of your NFT collection or digital asset project, not after. The period between public announcement and launch is precisely when trademark squatters who monitor the space are most likely to act.

Step 5: Register internationally if the project has international scope

Many Pakistani NFT and digital asset projects target international markets from launch. For projects with international scope, consider filing through the Madrid Protocol to extend protection to key markets, or filing directly in jurisdictions that are most commercially relevant. For Pakistani Web3 projects, the UAE, where the regulatory environment for digital assets is among the most developed in the region, is often the most strategically important international jurisdiction.

Step 6: Address the intellectual property terms in your project documentation

Ensure that the terms under which NFTs in your collection are sold clearly specify what intellectual property rights, if any, are being granted to buyers alongside ownership of the token. This should include what copyright licence, if any, attaches to the underlying digital content, whether buyers can use the NFT image for commercial purposes, and confirmation that the collection’s trademark and overall brand identity remain owned by the project rather than transferring to individual buyers.

Common mistakes Pakistani digital asset creators make

Launching publicly before filing

The NFT and Web3 space moves at speed, and many Pakistani projects launch with public announcements before any trademark application has been filed. This is particularly risky because the trademark squatting pattern, monitoring for announced projects and filing before the original creator, is documented and active in this sector. File before the announcement, not after.

Assuming blockchain registration of an NFT collection is trademark registration

Minting an NFT collection on a blockchain creates a record of the minting transaction and the associated digital content. It does not create trademark rights in the collection’s name. Blockchain registration and IPO Pakistan trademark registration serve entirely different purposes and one does not substitute for the other.

Neglecting the underlying content copyright alongside the trademark

A Pakistani digital artist who registers the NFT collection brand as a trademark but does not address the copyright in the underlying digital artworks has incomplete intellectual property protection. Copyright in the digital artworks protects against reproduction and distribution of the specific artwork. The trademark protects the brand under which the collection is released. Both are needed, and they protect different things.

Filing in Class 9 only without considering other relevant classes

A Pakistani NFT project that provides downloadable digital content, marketplace services, entertainment, and community activities needs trademark protection across the full range of its commercial activities. Filing in Class 9 alone leaves the services dimensions of the project unprotected. Map the full scope of the project’s activities to Nice Classes before filing.

Frequently asked questions

Can a cryptocurrency name be trademarked in Pakistan?

The name of a generic concept or technical protocol cannot be trademarked. However, the brand name under which a specific cryptocurrency project operates, the name it uses in commerce to identify itself in the market, can be registered as a trademark at IPO Pakistan if it is distinctive and not in conflict with prior registrations. The cryptocurrency project’s name, as a commercial brand identifier, is treated the same way as any other brand name in the trademark registration process.

Does selling an NFT transfer the trademark rights in the collection’s brand to the buyer?

No. Selling an individual NFT transfers ownership of the specific token to the buyer. It does not transfer trademark rights in the collection’s brand name, logo, or overall identity. Those remain with the trademark owner. Some projects grant buyers a licence to use the specific NFT image commercially, but this is a copyright licence for the specific image, not a transfer of the collection’s trademark.

Can I trademark a smart contract protocol name in Pakistan?

A coined or invented name used as a brand identifier for a specific smart contract protocol or platform can be registered as a trademark if it meets the standard distinctiveness requirements. A name that is purely descriptive of the technical function of the protocol faces absolute grounds challenges. The analysis is the same as for any other software or technology brand name: distinctive and invented names are more protectable than descriptive ones.

What can I do if an NFT project is using my registered Pakistani trademark without permission?

You can send a cease and desist letter based on your trademark registration, apply to the relevant courts in Pakistan for an injunction, and pursue a damages claim for trademark infringement. You can also contact the NFT marketplace on which the infringing collection is listed, as most major platforms have intellectual property policies that allow registered trademark holders to request the removal of infringing content. A registered trademark certificate is the primary instrument that triggers these enforcement mechanisms.

Is IPO Pakistan developing specific guidance for NFT and digital asset trademarks?

IPO Pakistan, like many national IP offices, is developing its approach to the trademark classification and registration of digital assets as the sector evolves. International guidance from WIPO and the practices developing in major IP offices internationally inform IPO Pakistan’s approach over time. As of 2025, the standard trademark registration process at IPO Pakistan applies to digital asset brand applications using the relevant Nice Classes, with the same examination criteria of distinctiveness and prior conflict that apply to any other trademark application.

Final thoughts

The NFT, cryptocurrency, and digital asset space in Pakistan is small but growing, and the trademark questions it generates are real and commercially significant. The projects that succeed in this space will be the ones that build genuine brand equity, and genuine brand equity requires genuine brand protection.

The trademark law that applies to physical goods and conventional services applies equally to digital assets. The Nice Classes that cover digital goods, financial services, entertainment, and technology services cover the commercial activities of NFT projects, cryptocurrency platforms, and Web3 startups. IPO Pakistan’s registration process is open to digital asset brand applications.

What changes in the digital asset context is the speed at which brand equity is built and the speed at which trademark squatters act. A Pakistani NFT collection can go from unknown to widely recognised within weeks. In that compressed timeline, the window between public awareness and trademark squatting is very short. File before you announce. Protect before you launch.