[Marie]

By the way, what did Todd Howard say was cut from Oblivion in the newest OXM?


If ESV isn't being announced in a matter of days and being shown in the next GameInformer, I believe ESV may be announced in June before E3 begins, and have a GameInformer cover. Then they'll show gameplay of ESV at E3 within closed doors.

[alyssa ALYSSA]

By the way, what did Todd Howard say was cut from Oblivion in the newest OXM?


If ESV isn't being announced in a matter of days and being shown in the next GameInformer, I believe ESV may be announced in June before E3 begins, and have a GameInformer cover. Then they'll show gameplay of ESV at E3 within closed doors.

I haven't gotten a chance to go to the store and look for myself yet, and likely wont for a few days, but when I do I'll post a summary here. It's probably nothing major though. If it turns out to just be him saying they cut Sutch I'm going to nerdrage like crazy.

[Laura Hicks]

I haven't gotten a chance to go to the store and look for myself yet, and likely wont for a few days, but when I do I'll post a summary here. It's probably nothing major though. If it turns out to just be him saying they cut Sutch I'm going to nerdrage like crazy.

Want to make bets that that's what it is going to say?

[Matt Terry]

By the way, what did Todd Howard say was cut from Oblivion in the newest OXM?

I was just thinking, how generous it would be, if - as a hype building step for TESV - Bethesda released cut content from TESIV as dl's... free! I'll go on thinking.

If ESV isn't being announced in a matter of days and being shown in the next GameInformer, I believe ESV may be announced in June before E3 begins, and have a GameInformer cover. Then they'll show gameplay of ESV at E3 within closed doors.

Closed doors only keep the bugs out. No, they don't even do that. It'd be pointless to keep the footage in a locked room. Did they do that with Oblivion?

[Lucky Girl]

By the way, what did Todd Howard say was cut from Oblivion in the newest OXM?

"A whole lot of everything."

If ESV isn't being announced in a matter of days and being shown in the next GameInformer, I believe ESV may be announced in June before E3 begins, and have a GameInformer cover. Then they'll show gameplay of ESV at E3 within closed doors.

If not, perhaps there is some way around the trademark thing that we don't know about (some demo they show to them to prove they are making it, unless "use in commerce" means it has to be known to the public) then it could be announced later in the year and shown at next E3 to be released in fall.

But that's only if there is a way around it.

However, I myself feel something has to be near. Most games studios this large are not silent for long, because that's bad for business. It makes people forget about them. They've got to both keep the games developing AND hold the public's attention (perhaps that's where the books come in, besides being an addition to both the lore and canon of the series while expanding horizons). Something has to come soon, because they've been silent for a while, and that's not like Bethesda (I mean in that they consistently have 4 year development times or so and that we hear about games around every 2 years). That isn't to say we will hear about something, but it certainly is expected.

Closed doors only keep the bugs out. No, they don't even do that. It'd be pointless to keep the footage in a locked room. Did they do that with Oblivion?

Yes, in fact they did that with both Oblivion and Fallout 3, if memory serves. They do demos themselves, only showing the onlookers the game. They never let them play it.

[Tai Scott]

Closed doors only keep the bugs out. No, they don't even do that. It'd be pointless to keep the footage in a locked room. Did they do that with Oblivion?

Not sure about Oblivion, but they did show gameplay of Fallout 3 in the first E3 Fallout 3 was shown in behind closed doors.

[JAY]

Not sure about Oblivion, but they did show gameplay of Fallout 3 in the first E3 Fallout 3 was shown in behind closed doors.

As long as someone in there is recording, I couldn't care less about what Bethesda does.

[Brandi Norton]

As long as someone in there is recording, I couldn't care less about what Bethesda does.

Yeah, I could seriously care less as long as someone records it. Hopefully it's not some shaky phone camera.

[Ashley Campos]

Any news is better than no news, in my opinion.

[Hannah Barnard]

They do demos themselves, only showing the onlookers the game. They never let them play it.

Thats not entirely true. I played Fallout 3 at PAX '09, and it was the full version of the game (except skipping the intro and character creation).

Of course, mind you, that was a month before the game was going to be released...

[Lily Something]

Thats not entirely true. I played Fallout 3 at PAX '09, and it was the full version of the game (except skipping the intro and character creation).

Of course, mind you, that was a month before the game was going to be released...

I think he meant at the first games convention they were shown at. And yes, Oblivion worked the same way at E3 2005, being shown for the first time at this event after a GI announcement, and behind closed doors with a gameplay demo to be watched by the public and press as the devs played and narrated it.

Regarding the legal issues surrounding the trademark: I made a post a couple of threads back quoting the legal jargon, basically showing that every time Beth filed to renew the Skyrim trademark, proof of work with the trademark had to be shown to the neccessary legal departments. In light of this, 'being used in commerce' must mean being shown to the public, or at least to the press for them to report on to the public. A private showing to trademark officials would be no different to renewing a trademark, and we all know they don't have that option anymore.

You will definitely have a Skyrim announcement by the end of July if Bethesda intend to keep that trademark. Antibody has already made it very clear that the chance of them letting the trademark slide is highly unlikely.

[Laura Simmonds]

In a recent interview for the Escapist magazine (1 May 2010) Feargus Urquhart who is the head of Obsidian says that when Fallout came along it was like the right time, the right place for everybody because "the internal team at Bethesda is working on something else" and people would probably say "oh, are we going to have to wait 5 years for another Fallout?

[Mr. Allen]

I really want it soon i think they'll announce it at the next e3 or something and i REALLY HOPE that they dont get pressured now and end up with another oblivion. sure oblivion is great but it would've been greater if they took a few more months.

[Rhysa Hughes]

In a recent interview for the Escapist magazine (1 May 2010) Feargus Urquhart who is the head of Obsidian says that when Fallout came along it was like the right time, the right place for everybody because "the internal team at Bethesda is working on something else" and people would probably say "oh, are we going to have to wait 5 years for another Fallout?

I guess this rules out FO4 as "new big game" for good. Not that it was likely in the first place, but still

[Emilie M]

In a recent New Vegas interview, Osidian developers talked about how they really like Todd Howard. So that means they won't torture us, right? Right...? RIGHT?!

[Far'ed K.G.h.m]

I guess this rules out FO4 as "new big game" for good. Not that it was likely in the first place, but still

Exactly, it was less likely that Fallout 4 will be the next "new big game" that we already knew about but the possibility was always there. Therefore, according to what the head of Obsidian says we are now left with only one option. Bethesda doesn't have any registered trademarks other than Fallout and Skyrim.

[Daddy Cool!]

In a recent New Vegas interview, Osidian developers talked about how they really like Todd Howard. So that means they won't torture us, right? Right...? RIGHT?!

It depends. In the interview I mentioned above Feargus Urquhart also says that things get run by Todd Howard all the time in relation to Fallout: New Vegas. And he goes on by saying that there has been conflict which has to do with that Bethesda have ideas for the future of Fallout and so they just don't want Obsidian to go playing with where they see their future. Of course this is also the man who said "Good Luck!" when he found out that the Fallout licence was bought by Bethesda which is probably somewhat horrible to say.

[Ana Torrecilla Cabeza]

Regarding the legal issues surrounding the trademark: I made a post a couple of threads back quoting the legal jargon, basically showing that every time Beth filed to renew the Skyrim trademark, proof of work with the trademark had to be shown to the neccessary legal departments. In light of this, 'being used in commerce' must mean being shown to the public, or at least to the press for them to report on to the public. A private showing to trademark officials would be no different to renewing a trademark, and we all know they don't have that option anymore.

You will definitely have a Skyrim announcement by the end of July if Bethesda intend to keep that trademark. Antibody has already made it very clear that the chance of them letting the trademark slide is highly unlikely.

All they have to do with regard to the Skyrim trademark is sell it to one of their subsidiary or sister corporations. That is a "commercial" use which would satisfy the requirement without having to release any additional information.

[YO MAma]

I believe that even after filing for intent to use, which is the next step, they still have six more months till they have to prove it. See below.

" How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?

An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted."

From uspto.gov

[Jade MacSpade]

I believe that even after filing for intent to use, which is the next step, they still have six more months till they have to prove it. See below.

" How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?

An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted."

From uspto.gov

Nope, you've got it backwards. They have 6 months after getting the Notice of Allowance to file a Statement of Use, plus extensions. They have a maximum of 36 months after getting the Notice of Allowance to file a Statement of Use, which is July 31st. If they don't do it before then, the trademark expires, and that's that.

[Hazel Sian ogden]

All they have to do with regard to the Skyrim trademark is sell it to one of their subsidiary or sister corporations. That is a "commercial" use which would satisfy the requirement without having to release any additional information.

I've read a lot of crazy theories here lately on what constitutes use in commerce, but this is nonsense. First of all, it wouldn't be a sale because it would still be owned by Zenimax Media no matter which subsidiary "bought" the game. It's almost as if you people DON'T want an announcement soon! :bonk:

I believe that even after filing for intent to use, which is the next step, they still have six more months till they have to prove it. See below." How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted."From uspto.gov

You have missed the bold part of your quote in your interpretation. Zenimax Media has already been granted several extensions - in fact, they've already been granted the MAXIMUM number of extensions. This is why we're certain there will be an announcement before the end of July. They have to use it by then or start all over and reapply for the trademark.



Okay, I'm tired of people obviously not knowing some of the fancy trademark terms we've been using so it's time for definitions.


DEFINITIONS TO KNOW IF YOU WANT TO DISCUSS TRADEMARK:

Intent to Use - "In an application under section 1(B ) of the Act, the applicant must verify that it has a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application." This IS NOT a statement that the mark is actually in use but rather that the applicant genuinely intends to use the mark. This is to prevent companies from farming trademarks by sitting on them until someone needs to buy it from them.

Use in Commerce - "The term 'use in commerce' means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce--(1) on goods when--(A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and (B ) the goods are sold or transported in commerce, and (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services."

Statement of Use or Amendment to Allege Use - These are essentially the "proof" that the mark is being used in commerce. Either "must each include one specimen showing the mark as used on or in connection with the goods, or in the sale or advertising of the services in commerce." These are very similar to each other in definition and the appropriate form to use depends upon the exact type of application used.

[Spaceman]

Nope, you've got it backwards. They have 6 months after getting the Notice of Allowance to file a Statement of Use, plus extensions. They have a maximum of 36 months after getting the Notice of Allowance to file a Statement of Use, which is July 31st. If they don't do it before then, the trademark expires, and then it's Mikes.

:whistling:

[Chris Guerin]

well, only a few days for the june edition for GI... i'm hoping for a summer cover :goodjob:

[Lisa Robb]

I've read a lot of crazy theories here lately on what constitutes use in commerce, but this is nonsense. First of all, it wouldn't be a sale because it would still be owned by Zenimax Media no matter which subsidiary "bought" the game. It's almost as if you people DON'T want an announcement soon! :bonk:

#1. It would be a sale and would satisfy the minimum requirement set forth by the law.
#2. The fact that Zenimax would still own (indirectly) it is irrelevevant.
#3. I have seen this done before, once to prevent a competitor from using the mark while the product was still in development and the second time simply because the deadline was upon them.

I don't care about an announcement that the game is being made. I only care when the game is ready to be purchased.
I'm just trying to squelch some wildfire speculation here, mostly so that my fellow gamers don't get their little hears broken when nothing is announced at the end of July.

[Calum Campbell]

#1. It would be a sale and would satisfy the minimum requirement set forth by the law.
#2. The fact that Zenimax would still own (indirectly) it is irrelevevant.
#3. I have seen this done before, once to prevent a competitor from using the mark while the product was still in development and the second time simply because the deadline was upon them.

I don't care about an announcement that the game is being made. I only care when the game is ready to be purchased.
I'm just trying to squelch some wildfire speculation here, mostly so that my fellow gamers don't get their little hears broken when nothing is announced at the end of July.

If they don't need to announce it, and only have to file a statement of use, it wouldn't matter because we would be able to see that they filed it. It would mean that we would know for a fact that they're making something called Skyrim and it would instantly spread to gaming blogs across the internet. Everyone would know Bethesda's next game is TES V: Skyrim, even though they never announced it. Because of that, knowing how much Bethesda loves keeping secrets, I'm pretty confident that they'll announce it publicly.