Atlas Telecom, Inc., Appellant, v. Alfax Paper & Engineering Company, Inc., Appellee, 968 F.2d 1227 (Fed. Cir. 1992)

Atlas Telecom, Inc. appeals the decision of the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board sustaining Alfax Paper & Engineering Company, Inc.'s opposition to the registration of its service mark, AFAX, for electronic transmission of images, text and other data, thereby effectively denying registration of its mark. Alfax Paper & Engineering Company, Inc. v. Atlas Telecom, Inc., Opposition No. 79,639 (Sept. 24, 1991). Because the Board should reconsider its decision in light of Electronic Design & Sales, Inc. v. Electronic Data Sys. Corp., 954 F.2d 713, 21 USPQ2d 1388 (Fed. Cir. 1992), we vacate and remand.