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03 09 01 THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE T

03 09 01 THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE T 2025

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The document is a decision by the Trademark Trial and Appeal Board regarding the application of Mastrantonio Holdings (Proprietary) Limited to register the mark 'MASTRANTONIO.' The application was refused based on Section 2(e)(4) of the Trademark Act, as the term was deemed primarily a surname. The applicant argued that 'MASTRANTONIO' has other meanings and is a rare surname, but the Examining Attorney provided evidence supporting that it is recognized as a surname by the public. The Board affirmed the refusal to register.

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When can a court not follow precedent?

How is a decision, which is relied upon as precedent, used? The Administrative Law Judge is required to apply the principles of the Departments precedent, to the extent that the facts and issues are the same. The judges final decision must be consistent with the precedential decisions.

Which item may not be cited as a precedent?

The correct option is c) Technical advice memoranda. Precedent is considered a judicial decision taken in the settled case and used to judge further similar cases. Whether temporary or permanent, it can be regulations or a decision was taken by a U.S. court, but it cannot be technical advice memoranda.

When would a court disregard precedent?

(the doctrine of stare decisis is not an inexorable command; an appellate court considers the following factors in evaluating the application of stare decisis: whether the prior decision is unworkable or poorly reasoned; any intervening events; the reasonable expectations of servicemembers; and the risk of undermining

What does it mean when a law is a precedent setting lawsuit?

A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

What is an example of a precedent?

Hasan, 84 M.J. 181 (under the doctrine of horizontal stare decisis, an appellate court must adhere to its own prior decisions, unless it finds compelling reasons to overrule itself; however, applying stare decisis is not an inexorable command, and a court is not bound by precedent when there is a significant change in

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