I'll cede it might be precarious but the whole point of having trademark protections you apply for is by definition contingent on not having those protections if you don't apply for them. If you don't apply for them and someone else uses the name too why should you care?

To me it sounds like when open source project resenting a very-permissive license just after someone else turns it into a profit machine. Kind of sucks but also the whole point of that permissive license is you shouldn't care.