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Though I just thought, Bethesda needs to sue Brumby's bakery, see I bought a scroll from htem hte other day and it was delicious, it was a pastery with stuff inside it, yummy!
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Well... no...
See, you need to understand how trademarks work (I do, I have a couple)...
When you trademark something, you need to define a "class" it applies to. You don't trademark the exclusive right to use that name world-wide for everything. Your trademark only covers the use of that word/phrase/whatever when used in the class you've specifically registered it in.
Each "class" is a type of thing - eg "clothing" or "children's books"... I also believe you need to be specific as to what area/s you're going to use that trademark within those classes too. Eg class #21 is relating to clothing, shoes, hats and all sorts of wearable items. But you don't just get a tradmark for the class number - you have to specify within that class whether it's clothing, hats, shoes or what.
You can trademark something in all the classes if you want, but you need to pay the trademark fee for each class you want it applied to.... and your trademark needs to be paid in all countries you want it to apply to. So that would end up being quite expensive. eg my trademarks are only in Australia, coz I'm not rich
but that means someone else can trademark that same word elsewhere and there is nothing I can do about it. Big companies will trademark them in as many classes as they think they will want to protect that mark, and in all countries.
"Elder scrolls" is trademarked (as of 2004) in 2 classes.. 9
("Computer game programs") and 41
("Providing on-line computer games; computer game programs offered via handheld computers, wireless telephones and wireless devices")
Interestingly, it's also trademarked in 2009 as another entry in the same class 9 - but with the description
"Pre-recorded CDs and DVDs featuring music; motion picture films featuring fantasy games"
So the trademark ONLY applies to the use of the words "Elder Scrolls" in those defined uses. Food and other things that aren't listed there, don't apply.
I could trademark "Elder scrolls" as a yummy pastry dish made from elder flowers and made in a scroll shape... and that would be perfectly legal, because my trademark would be in the food class. In fact I could also trademark "Elder Scrolls" in clothing, toys and a bunch of other classes too. There isn't anything they could do about it, because their trademark doesn't cover those areas.
In case you're interested, Mojang's "Scrolls" was submitted for trademark on 12th Feb this year, and it's in class 9 (video games, cds etc), 21 (clothing, hats etc.), 28 (toys, board games etc.), 41 (entertainment services). I didn't quote their descriptions because they are lengthy - they have wanted to cover as many bases as they can within those classes.
Normally it takes about 7 months for an application to go through, unless it's been opposed, as it has in this case, so they are investigating it, and will decide whether or not it's able to be registered as a trademark, or if it does infringe on the "Elder Scrolls" mark. The trademark details list it as being next August when it should be decided upon I think.
