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Originally Posted by SlickyTrickyDamon
Isn't that sort of vindictive baseless trademark filing considered grounds for lawsuit/fines?
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Nope. You don't have to actually already be currently using or have used the mark previously to apply for trademark registration. If you have actual good faith intent to use the mark commercially you can apply for trademark registration prior to your commercial use of the mark. The registration just won't be granted until you use the mark commercially, although there are some time limitations on how long you can wait.
That being said, if he's already using the mark commercially, even without registering it, he already has trademark protection, as long as he doesn't abandon the mark by not taking action against any future infringers.