Exactly. This is why this has nothing to do with Trademark law. They are stepping on a mark that's already being used in commerce by someone else. Their attempt

Exactly. This is why this has nothing to do with Trademark law. They are stepping on a mark that's already being used in commerce by someone else. Their attempt to claim ownership through TM doesn't really grant them any rights in usage. And yes, they are attempting to register the mark. It won't go far.