TTAB Decision on WORLDWIDECRYPTO Provides an Instructive Reminder for Crypto Trademark Applicants
A Crypto Trademark Case Worth Noting
A recent decision from the Trademark Trial and Appeal Board (TTAB) offers an important reminder for companies and entrepreneurs in the digital asset and blockchain space: descriptive terms don’t make strong trademarks. In its non-precedential ruling, the Board affirmed the trademark examiner’s refusal of registration for the mark WORLDWIDECRYPTO for “cryptocurrency exchange services; cryptocurrency exchange services featuring blockchain technology; and cryptocurrency payment services.”
The TTAB’s reasoning was straightforward: “worldwide” communicates global reach, and “crypto” directly identifies the underlying technology and services. Together, the TTAB held that the phrase simply describes what the applicant is offering (i.e., a worldwide crypto exchange) rather than functioning as a distinctive brand.
Why This Matters for Crypto Trademarks
This case underscores a recurring theme in trademark law: if a term immediately tells consumers what you do, it’s likely descriptive and not registrable on the Principal Register. For businesses in the fast-moving cryptocurrency industry, where terms like “crypto,” “blockchain,” and “token” are heavily used, the risk of descriptiveness refusals is especially high.
When developing a brand strategy for crypto products, exchanges, wallets, or payment solutions, it’s critical to remember:
- Descriptive ≠ Distinctive
A mark that plainly describes your service (“worldwide crypto exchange”) will likely be refused registration at the USPTO. - Stronger Marks Live Higher on the Spectrum
Suggestive, arbitrary, and fanciful marks are far easier to protect. Think of coined names (XEROX, VERIZON) or unexpected word combinations (APPLE for computers, AMAZON for online marketplaces) rather than direct descriptions. - Secondary Meaning Is an Uphill Battle
Even if you’ve used a descriptive mark for years, proving that consumers uniquely associate it with your brand (via advertising, sales, and media recognition) can be costly and uncertain.
Lessons for Blockchain and Digital Asset Branding
The WORLDWIDECRYPTO ruling joins a line of TTAB cases reminding applicants to carefully assess trademark strength in the digital assets industry. While many businesses want their names to “say what they do,” the tradeoff is diminished legal protection.
Best practices for crypto trademark strategy:
- Conduct early trademark clearance searches before committing to a brand.
- Favor creative, coined, or suggestive terms that require some thought rather than directly describing your services.
- Build distinctive brand elements (logos, slogans, design marks) alongside word marks to strengthen your IP portfolio.
For crypto startups, exchanges, DeFi projects, and payment platforms, investing in distinctive branding upfront is far more effective than fighting over generic or descriptive terms later. If you’re navigating crypto trademark strategy, digital asset branding, or Web3 IP protection, our team regularly advises founders, funds, and platforms on building defensible brands and building trademark portfolios in the US and around the world.
Our attorneys can help you navigate trademark strategy, protect your Web3 innovations, and build a strong, defensible trademark portfolio in the digital asset industry. For guidance, contact FRB’s Intellectual Property and Digital Assets Practice Groups at (516) 599-0888 or fill out the form below.
DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship. This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm. Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.