It is a frustrating experience shared by trademark proprietors and practitioners alike:trademark applications are rejected or accepted by trademark authorities often without any apparent pattern or in any event without any attempt at consistency.Invoking earlier identical or similar cases is routinely met with the argument that earlier cases are not binding.Invoking practice or decisions in other jurisdictions is similarly routinely met with the argument that such practice or decision cannot be of any effect in view of the differences in the legal systems.
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