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Zirco Corp. v. American Telephone & Telegraph Co.

21 U.S.P.Q.2d 1542 (1991)

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Zirco Corp. v. American Telephone & Telegraph Co.

United States Patent and Trademark Office Trademark Trial and Appeal Board
21 U.S.P.Q.2d 1542 (1991)

Facts

On January 11, 1990, American Telephone & Telegraph Company (AT&T) (applicant) filed an intent-to-use application to register the mark “Datacel” for a portable, cellular-data transmission and reception system. Zirco Corporation (opposer) filed a notice of opposition to the application, arguing that it had perfected common-law rights in the mark “Datacell” for a cellular adapter as of April 15, 1990. AT&T moved to dismiss Zirco’s opposition.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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