In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby. 15 U.S.C. § 1119. 27. The legal issue in a cancellation proceeding is the right to register a mark and when a mark is not incontestable, a court may cancel the mark on any ground which would have prevented registration initially. International Order of Job's Daughters, 727 F.2d at 1091. 28. As noted, a mark "which does not fulfill the functions of a trademark, but, rather, serves essentially a utilitarian or functional purpose cannot be registered as a trademark." Id.; see Goodyear Tire & Rubber Co. v. Robertson, 25 F.2d 833, 834-35 (4th Cir.1928) (<HOLDING>). 29. Because Shakespeare's mark is a 
 Holding statements: (A) holding that automobile racing is not an ultrahazardous activity (B) holding that diamondshaped tread on tire which is a mechanically functional feature of an automobile tire cannot be registered (C) holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile (D) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (E) holding that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered  stopping an automobile and detaining the driver in order to check his drivers license and the registration of the automobile are unreasonable under the fourth amendment
(B)

is knowing and voluntary, when there is a factual foundation to support it, when the state has agreed to it, then the discretion has ended and the plea must be accepted.” Id. at 1041. We noted, however, that this rule applied only to “unconditional and unqualified” guilty pleas, not to negotiated pleas where the State has agreed to a particular sentence or to the disposition of particular charges, or where the State opposes the plea. Id. at 1041-42 (on motion for rehearing). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) provides: “A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.” See State v. Ashby, 245 So.2d 225 (Fla.1971) (<HOLDING>). A trial judge has wide discretion to refuse 
 Holding statements: (A) holding a contemporaneous objection is required to preserve an issue for appellate review (B) holding that a defendant in a criminal case might plead no contest conditioned on the right to preserve for appellate review a question of law (C) holding that the defendant failed properly to preserve assignment of error for appellate review because the trial court had no opportunity to consider the defendants contention as presented on appeal (D) holding that there is no due process right to appellate review (E) holding that under state procedural law a timely objection is necessary to preserve a batson question for appellate review
(B)

proof of the charges against each of the defendants is based on the same evidence and acts. Rarely, if ever, will it be improper for co-conspirators to be tried together.” United States v. Kime, 99 F.3d 870, 880 (8th Cir. 1996). The first basis for Defendant’s motion is his contention that he and his co-defendants have antagonistic defenses. The United State Supreme Court has addressed this argument in Zafiro v. United States, 506 U.S. 534, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993). The Court recognized many of the Courts of Appeals have expressed the view that “mutually antagonistic” or “irreconcilable” defenses may be so prejudicial in some instances so as to mandate severance. Id., 506 U.S. at 538, 113 S.Ct. at 937. See e.g. United States v. Shivers, 66 F.3d 938, 940 (8th Cir.1995) (<HOLDING>). The Court recognized, however, that in most 
 Holding statements: (A) holding that affirmative defenses are waived if not pled (B) recognizing the existence of antagonistic defenses does not require severance unless defenses are actually irreconcilable (C) holding that a foreign judgment filed under the montana uefja may not be subjected to the same defenses and proceedings for reopening or vacating as a domestic judgment and remain consistent with full faith and credit  the only defenses that may be raised to destroy the full faith and credit obligation owed to a final judgment are those defenses directed at the validity of the foreign judgment (D) holding defenses concerning the contract as a whole must be referred to ah arbitrator while defenses to the arbitration provision itself are considered by the court (E) holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion

(B)