i also dont think you could be held liable if your manuscript is published before any trademark or copyright is granted. if its already published beforehand, you didnt infringe on any copyrights, as none existed at publication.
Actually, the copyright exists as soon as the term is first published. However, in order to sue, it must be registered. Here's where the fun part comes into play...

If the copyright is registered within 3 months of an infraction, the copyright holder can sue for statutory damages and legal fees. So, if the book is published, and the term is registered as a copyright within 3 months, they could sue.

I still think it's irrelevant, since I can't imagine that term being registered...It's too common a term.