I considered that and I'll admit that I was being a bit lazy with my comment but I think it could be written in a reasonable way. Perhaps a license fee attached to any failed legal action. Or even limit to certain types of legal action.
We can't even be sure that Python-the-company is using Python-the software, so ...
Furthermore, I think the problem is not here, the PSF clearly made a mistake by not registering the name (it's not a matter of 'bad law'). If we apply your solution, then it would mean that a company which does not use Python can still ask to register a global trademark named on the term.
Why would I build on something that lets the owner act against me with relative impunity (assuming the software is something critical)?