Does announcing ESV really fulfill the "Use in commerce"? Because from what I see with Oblivion's trademarks, a "Use in commerce" means actually releasing the game.
Announcing the game will satisfy a statement of use according to the US Trademark office:
http://www.gamesas.com/index.php?/topic/1095512-official-tes-v-speculation-thread-number-33/page__st__180__p__16004747__fromsearch__1entry16004747
Or according to the bland gentleman who works there at least.
As far as "Use in Commerce" that is different than a statement of use:
http://inventors.about.com/od/definations/g/Commerce.htm
Intent to use in commerce:
http://inventors.about.com/od/inventing101trademarks/f/intent_to_use.htm