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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.
A gamer-tag can only be registered as a federal trademark if it is being used in interstate commerce. For professional gamers, this requirement is typically met through live streaming on platforms like Twitch or YouTube — where the stream crosses state lines electronically — or through participation in multi-state tournaments and events where the gamer-tag is displayed publicly. Informal play on a single gaming platform, without any commercial activity attached, does not create a basis for federal trademark registration.
The commercial activity requirement is more nuanced than it may appear. A gamer who streams gameplay for free on Twitch but has no subscribers or revenue is using the gamer-tag, but whether that use constitutes “commerce” within the meaning of the Lanham Act depends on whether the use is in connection with services rendered for compensation. Streaming platforms typically compensate streamers once they reach a monetization threshold — Twitch’s affiliate and partner programs, for example, require minimum viewership metrics before a streamer can earn revenue. Before the monetization threshold is reached, the best argument for use in commerce may be that the gamer-tag is used in connection with the gamer’s reputation as a services provider (a gaming personality who provides entertainment services) even before revenue begins flowing.
Gamers who want to protect a gamer-tag before they have achieved the level of commercial activity required for a use-based application have an alternative: the intent-to-use (ITU) application. Under 15 U.S.C. § 1051(b), an applicant may file for trademark registration based on a bona fide intent to use the mark in commerce, rather than actual current use. Once an ITU application is approved by the Trademark Office, the applicant has a period of time — initially six months, extendable up to three years total upon showing of good cause — to commence use and file a Statement of Use.
The strategic advantage of an ITU application is the priority date. Once the application is filed, the applicant’s priority date for the gamer-tag is the application filing date, not the date of first actual use. This means that if another gamer attempts to register the same or a confusingly similar tag after the ITU application is filed, the first filer will have priority even if they have not yet begun using the mark commercially.
The United States Patent and Trademark Office (USPTO) has an Acceptable Identification of Goods and Services Manual that suggests standard language for subclass descriptions. However, applicants are permitted to modify that language to more accurately describe their specific services. For a gamer-tag trademark, a well-drafted subclass description in Class 041 might read:
“Entertainment services in the nature of live and recorded video game play, online streaming of video game competitions, and video and audio commentary on video game gameplay, all provided via the internet and streaming platforms.”
That description is broader and more accurate than a generic formulation, and it protects the gamer-tag in connection with the full range of activities that a professional or semi-professional gamer actually performs. An overly narrow subclass description can limit the scope of trademark protection in ways that create gaps — for example, if a description covers only “live” streaming but the gamer also produces archived recorded content, the archived content may not be covered.
Once a gamer-tag is registered, the owner can pursue infringement claims under the Lanham Act against any party that uses the same or a confusingly similar mark in commerce in connection with the same or related services. For professional gamers, this means the ability to stop:
Trademark registration also makes it substantially easier to enforce rights on major platforms. Amazon’s Brand Registry, for example, requires federal trademark registration as a condition of enrollment, and enrollment gives brand owners powerful tools to remove counterfeit listings. Similar tools exist on eBay, Etsy, and other platforms through their intellectual property reporting programs.
A federal trademark registration does not last forever without maintenance. Between the fifth and sixth year after registration, the owner must file a Declaration of Use (or Excusable Non-Use) under Section 8 of the Lanham Act confirming that the mark is still in use in commerce. At the ten-year mark, the owner must file a combined Section 8 and Section 9 renewal. Failure to file the required maintenance documents results in cancellation of the registration.
For gamers who may transition away from professional play at some point, continued use of the gamer-tag in some commercial capacity is necessary to keep the registration alive. A gamer who retires from competition but continues to create gaming content, coach, or participate in commentary still has a basis for continued use. A gamer who completely stops all commercial activity tied to the tag for three or more consecutive years risks losing the registration to a cancellation action on grounds of abandonment under 15 U.S.C. § 1127.
If you have built a significant following under a gamer-tag and want to protect that identity as a business asset, registration is the right step and the time to take it is before a competitor registers a similar tag. Contact the video game and trademark attorneys at Revision Legal through the form on this page or call (855) 473-8474.
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