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Peter Braunstein discusses trademark registration, clarifying a common misconception that filing for a trademark automatically grants ownership of trademark rights. He emphasizes that trademark rights are established through actual usage rather than registration. Specifically, he explains that any mark used to identify goods is a trademark, while a service mark identifies services. The individual or business that first uses a mark in interstate commerce claims prior rights over others, underscoring the importance of usage. Braunstein highlights that registration does not necessarily confer superior rights to a mark's usage.
