could scales of justice trademarked

Yes, the scales of justice can be trademarked if they are used in a way that distinguishes the goods or services of one entity from those of others. For example, a specific design or stylized representation of the scales, along with the associated branding, can qualify for trademark protection. However, generic or widely-used representations may not be eligible for trademark registration. Ultimately, the distinctiveness and use in commerce are key factors in determining trademark eligibility.