TMEP 1207.01(d)(vi): Prior Decisions of Examining Attorneys

October 2017 Edition of the TMEP

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1207.01(d)(vi)    Prior Decisions of Examining Attorneys

Each case must be decided on its own merits. E.g., In re Binion, 93 USPQ2d 1531, 1536 (TTAB 2009). Previous decisions by examining attorneys in approving other marks are without evidentiary value and are not binding on the agency or the Board. In re Davey Prods. Pty, 92 USPQ2d 1198, 1206 (TTAB 2009); In re Wilson, 57 USPQ2d 1863, 1871 (TTAB 2001); In re Sunmarks, Inc., 32 USPQ2d 1470, 1472 (TTAB 1994); In re Nat’l Novice Hockey League, Inc., 222 USPQ 638, 641 (TTAB 1984).