It’s a trick question. That’s not in an amendment, it’s in Article 1. Copyrights, patents and in this case trademarks are more foundational to society than even free speech.
Not really. Article 1 provides a whitelist for things that the senate can regulate, which necessarily is just a big list of all sorts of crap.
And FWIW, trademarks are not remotely the same thing as copyrights or patents, no matter how much people conflate them via the term "intellectual property". Trademarks are about preventing fraud, while copyright/patents are about encouraging innovation. In fact, you could say the job of copyrights/patents is to:
promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Trademarks are not about innovation of any sort, and are explicitly perpetual as long as the business is still using/enforcing them. This passage from Article 1 obviously doesn't apply to trademarks.
Now, trademarks are still in Article 1, probably, via the line that says "[congress shall have power] To Regulate Commerce". Which I will concede is part of Article 1. And by your own logic, regulating commerce is more foundational to society than Free Speech! As is punishing piracy on the High Seas, apparently.