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good afternoon my name is Peter Braunstein and Im here to discuss with you various issues that come up in my practice hopefully help everybody out one of the issues that comes up is trademark registration people believe that they can go ahead and file a trademark registration and therefore theyre the owner of the trademark rights thats not exactly correct its a common question that comes up in my practice on a daily basis the reality is that trademark rights are established based on usage not based on registration what does this mean it means that anyone who has used a mark thats anything used to identify a good or product is a trademark anything used to identify a service is a service mark whoever uses that mark first in what is called interstate commerce will have a prior right to any other persons usage or businesss usage of that trademark now it is a very very important concept why just because a mark is registered doesnt mean that they have a superior right to the usage of
