Trademark Class 041 is likely the trademark class to use for trademarking a gamer-tag. Class 009 is often ALSO selected as the Class with which a gamer-tag trademark is associated.
Gamer-tags are, of course, similar to usernames required for creating accounts with video gaming and esports platforms. Most gamers use the same gamer-tag across platforms and become “known” by their gamer-tag to other gamers. This is true for professional gamers and amateurs. A gamer-tag is invaluable to professional gamers, ones who may play in video gaming tournaments and game promoter events. A gamer-tag will signal excellence and tenacity in gameplay, a powerful competitive drive, loyalty to teammates, magnanimity in victory, good nature in defeat, and other qualities. And, if unique and used to provide services in interstate commerce — such as live-action internet streaming of gameplay or game commentary — a gamer-tag can be registered as a trademark. See here for the registration of SHOBEK going back to 2006. The owner of the SHOBEK trademark is still an active gamer, and the registration is still valid. For a few other examples, type “video game playing” in the search box here.
If you want an esports video game endorsement and sponsorship contract, having a trademarked gamer-tag is helpful.
Why do I have to choose a Class (or Classes)?
Under U.S. trademark laws, all trademarks that are registered must be associated with a class of goods and/or services. So, with gamers, gamer-tag trademark registration is going to be associated with the provision of entertainment services involving video games. The general Class for entertainment and education services is 041. The U.S. Trademark Office has 45 broad classes, with Classes 35 through 45 being used for services. The other Classes relate to goods and products.
Many professional video game players also choose Class 009. Applicants for trademark registration can choose as many classes as they want. Class 009 covers a very large range of scientific instruments and devices. For our purposes, Class 009 is where computer recordings and downloadable storage files are located. Class 009 is often a correct choice for trademarking a gamer-tag since, once the gameplay is finished, there IS a video/audio storage file that can be downloaded and is often available for online viewing.
What about subclasses for a gamer-tag trademark registration?
When applying for a gamer-tag trademark registration, the applicant must also specify a subclass. As can be seen in the examples linked above, the subcategory for Class 041 is something like: “Entertainment services, namely, providing online non-downloadable videos in the field of comedy, video games, video game playing, and video game playing commentary, ….” From time to time, the Trademark Office changes how subclasses are worded. In addition, the applicant can modify the subclass to reflect the subclass more accurately. So, for gamer-tag trademarks, a better wording might be: “Entertainment services, namely, providing online non-downloadable videos, online streaming, and podcasts in the field of live-action video game playing, gameplay competitions/tournaments, and video game and playing commentary.”
As for Class 009, the subclass is listed as something like this: “Audio and video recordings featuring video game playing … .”
Contact the Video Game and Professional Gamer Attorneys at Revision Legal For more information, contact the experienced Video Game & Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
