I think it's more like: "[...] that nobody else uses a term you have trademarked in a way that could allow consumers to be confused or misled into thinking that

I think it's more like: "[...] that nobody else uses a term you have trademarked in a way that could allow consumers to be confused or misled into thinking that they (the non-registered mark users) are affiliated or speaking on your behalf" In short, will normal people think "Wow, Bethesda is making something called The Elder Scrolls: Scrolls" or "Mojang presents: The Not-As-Young-As-They-Used-To-Be Scrolls: Get off my damn lawn! (in affiliation with Bethesda/Zenimax)" It's entirely possible for different companies to hold a mark on the same (set of) words, as long as no opportunity for confusion arises. Thus, Apple (Computers) are distinct from Apple (Record Label), although there was some drama when Apple the former fired up the iTunes store and started to compete with the latter. I think they just threw money at it til it went away though. I guess the trial question would be if the use of the word 'scrolls' in relation to computer gaming is sufficiently confusing, or whether people should be able to distinguish between "The Elder Scrolls(tm)" fantasy first-person RPGs, and "Scrolls" the trading/playing-card game. As silly as the confusion seems to most gamers, a brief glance at http://scrolls.com http://scrolls.com could maybe almost be confusing to a newcomer.