Just for my info 'cause I'm not into the whole "trademark-thing" but what exactly do they need to show to prove "use in commerce"?

Lifted from one of Stain's posts.

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.

But does this still mean that they have to say they are working on the game? I don't really understand the whole business.

Remember Ianol.

As far as I can tell No. 'Intent to use' is a statement saying we are going to use this at some point in the future. At this point no evidence is asked for to protect the trademark holders interests.

Its when we get to 'Use in commerce' that the holder has to actually produce a product, or show the name in relation to a product. This happens after a few years to stop squatting and is where we are getting to. I think this means Beth don't have to actually release the game, a website with the name on it in big letters would probably be enough. This is why some people suspect a launch is coming soon, otherwise Beth will lose the trademark and have to start again; a launch, some screenshots, a website and somewhere for us to get emailed newsletters will be enough to indicate 'Use in commerce'

http://www.gamesas.com/index.php?/topic/1091614-official-tes-v-speculation-thread-number-30/