As far as I am concerned, there is no constitutional right to trademark, and Congress can limit federal registration of trademark (as it does copyright and patent) in any way it sees fit, for the public good. Absence of federally registered trademark does NOT infringe on free speech, and does not infringe on common law or state registered trademark.
Wait until someone names their company exactly like yours and then claim to be your company. If there weren’t trademark laws then I take the issue into my own hands. Yes, this is going on right now with the company I work for.
I am free market guy and the trademark laws help consumers and prevent scoundrels from profiting on your name.