[Registration] shall be prima facie evidence of registrant's exclusive right to use the registered mark in commerce on the goods or services specified in the registration subject to any conditions or limitations stated therein, but shall not preclude an opposing party from proving any legal or equitable defense or defect which might have been asserted if such mark had not been registered.
According to the intuition of normality theories this seems to be counterintuitive, because cp-laws should be asserted only if the situation without (non-negligible) disturbing factor is a normal or at least a rather probable situation.
The mere fact that an investigation has been commenced does not mean that it is probable that a claim will be asserted or that, if it is, there is a reasonable possibility that the outcome will be unfavorable.
This was particularly objectionable to mathematicians of a "constructive" bent such as the so-called French Empiricists Baire, Borel and Lebesgue, for whom a mathematical object could be asserted to exist only if it can be defined in such a way as to characterize it uniquely.
[James] talks of "cold-blooded assimilations" that "threaten... to undo our soul's vital secrets," and of the "assumption that spiritual value is undone if lowly origin be asserted".
It was asserted as if it were a fact and that it could be slipped through without approval.
It is asserted that if to recognize L.A. Kubetsky's priority on the photomultiplier tube invention the last Beaune Conference would be held on the eve of the 75th Anniversary of that great event.
In (7) 'It is raining' is used to assert that a state of affairs obtains (it's raining), and in (8) it is asserted that if that state of affairs obtains, so does another (the streets being wet).
The existence of a state of war has been asserted even if it has not officially been declared by Congress.
If it is asserted that a society functions adequately only if necessary needs are satisfied, and if it is further asserted that ritual does satisfy that need, then scholars cannot conclude that, therefore, ritual is present in that society without committing the logical fallacy of affirming the consequent.
