That depends how you see it. They do in fact have a trademark and they do try to enforce it quite vociferously.
They went full trolley in 2013 when they complained to Amazon about Spots the Space Marine.
Trademark Bully Thwarted: Spots the Space Marine Back Online | Electronic Frontier Foundation
Spots the Space Marine is still available for purchase in your amazon webstore of choice. So yay, for the efforts of the EFF, et. al.
