Rare had the trademark first. I don't see how Fox's defunct TV series can supersede Rare's original games that were released a decade earlier. It seems like a clear-cut case of "prior art" to me.
The only problem might be that Rare didn't try to block the TV series from using the name, and US copyright law demands that copyright holders be agressive in filing suit against any possible breach.
"You're giving me Asari Commandos? You're the best father a girl could wish for!" - Liara T'Soni