I believe the idea is that if I register "Bruiser's Cars", that name doesn't automatically become unavailable to others for hundreds of years. I need to prove

I believe the idea is that if I register "Bruiser's Cars", that name doesn't automatically become unavailable to others for hundreds of years. I need to prove that I am still using the trademark somehow. Unfortunately that results in me needing a lawyer, which really sucks for a small business. Note that the patent system (in theory) works the way you describe, but it hasn't eliminated the need for lawyers. Finally, in the mall example, what usually happens is the judge finds that the mall saved millions by never cleaning their floors, so the company is punished by losing all the money they made. It is extremely rare for someone to get millions over something small.