I do not agree fully with throwing it fully out, but current IP regulation means that it is easy to abuse. Trademarks provide protection against someone pretending to be affiliated with you or your products.
I hear you. Branding is an interesting edge case, when copycat brands try to steal part of another's goodwill. The question then is it on a Brand to establish its own authenticity and verifiability. Or ask the governments to police it, through market regulation, legals, and courts. The later is expensive in many hidden ways... most of all having to ask permission (register) to engage in the market.