The choice of a software license really doesn't have anything to do with whether or not you engage in commerce.

I'll give you an example:

Linus Torvalds has a trademark on Linux. It's GPL, but there is plenty of evidence of commerce to support that trademark.

Here's the Linux Foundation's financial statement for instance:

https://www.linuxfoundation.org/hubfs/Reports/lf_ar24_121524...

> In 2024 we are forecasting revenues of over $292M. In 2024, the Linux Foundation is forecasting to spend nearly $300M supporting our mission

That's some pretty solid evidence of commerce.

You are correct

If they had some invoices with that ™ commercial name I'd say it would be viewed differently