So, they are not trying to patent the name. They are trying to register it as a trademark. Those are two very different things. The TM office typically takes 6 months (just about on the mark) to examine the application. So they should issue any action/allowance in October 2013. Assuming the examining attorney doesn't find any confusingly similar mark, I expect he will allow the registration, unfortunately. Would AV then try to enforce the registration against AVE? I expect not. Wulfe is right about the fraud bit. An applicant represents to the TM office that to the best of their knowledge, they have the legal right to use the mark and that no other entity has such a right to the mark. Alleging this falsely means the registration can be cancelled. I think it would be quickly found out in any lawsuit that AV knows about AVE and has stolen their mark.