"Esports" Trademark?

What is the name of your state (only U.S. law)? AL

Quick question for someone who has only an inkling of an idea what they're doing. I'm about to self-publish a book with the subtitle "The Ongoing Story of the World's Greatest Esport." I recently heard that "Esport" has been trademarked by a South Korean company called GOMTV (or GOM-TV). However, I did a trademark search on uspto and found no such trademark. I found a handful of similar live trademarks and about a dozen more dead ones, but no live ones for "esport" (or "e-sport") alone in the way that I am using it (in reference to the competitive video game scene). Furthermore, I think I'm okay using it within a subtitle to refer to the subject matter of the book, even if its use is covered by trademark.

My questions are these: 1. Is there such a live, registered trademark, and I'm just missing it? 2. Whatever the answer to (1) may be, am I safe to use this term in my subtitle?

Thank you.

If the trademark search you conducted was confined to a search of the USPTO federal registry, you may wish to do a more thorough search.

A trademark holder does not have to federally register his mark through the USPTO, or register his mark with a state, to have trademark rights he can enforce. In the U.S., trademark rights arise through a trademark's use in commerce and not through registration.

It is also important to know that, even when trademarks are similar but not identical, the similarity between marks can lead to consumer confusion (the cornerstone of trademark infringement), and can lead to the diminishing of value of a trademark. This can, in turn, lead to a lawsuit.

So, whether you are safe in using Esport in your book title is a question that probably requires a little more research on your part (or on the part of a trademark search firm).

Good luck.

Okay, let me add this. "Esports" is a commonly used generic term in this field (and the term is frequently used in related websites and professional teams). That would negate any trademark claims via use in commerce, correct?

Well, generic terms do not on their own receive protection under trademark law because the whole purpose of trademarks is to distinguish one product or service from another. Therefore, "raisin bran" cannot be trademarked but "Kellogg's Raisin Bran" and "Post Raisin Bran" both can be.

Generic names, like Speedy Printing, Arizona Iced Tea, Bank of America, Metropolitan, Southern Comfort, Globe, American Airlines, etc., have all gained a secondary meaning in the marketplace and therefore these trademarks made of generic words are protected. Consumers connect these names with the products or services offered.

The words that make up these trademarks can be used by anyone because they are generic, but they cannot be used in the same or similar way on the same or similar goods or services (there can be no other bank called Bank of America although the words "bank" and "America" can be used to describe any bank in America).

I still suggest you do a more thorough search of Esports, or hire a search firm, to make sure that a consumer cannot be confused as to the origin or sponsorship of your book should the name be currently used as a trademark.

You could also consult with an attorney in your area, or with a professional well-versed in publishing law, to see how much of a problem it will be for you. Based solely on what you have posted here and without a review of all of the facts, I cannot tell you if the use of Esports will be a problem for you or not.