As someone quite opposed to copyright and patents, I'd say there is an argument for trademark; the use of trademarks is weakly rivalrous - if I start using it, it can potentially occlude your ability to use it. For example, I start an Acme widget company, and you also make widgets branded Acme, of a poorer quality than my widgets. The strength of the rivalrousness depends on factors, such as locality of operation, domain of operation, and it is on that, rational, basis that trademarks are managed - you have to show you're using the trademark, you have to show that you are defending it, and you only get a regional trademark where you are actively operating and in the domain that you're operating. Five guys hamburgers can't (easily) stop Five guys auto mechanics.

On the other hand, there are people badass enough to not bother trademarking (David Tran doesn't trademark Sriracha)