| Concurrent Use Statement | Pursuant to the opinions of the United States District Court for the District of Columbia in United States v. Western Electric Co., Inc., Civil Action No. 82-0192 dated July 8, 1983, and February 6, 1984, and section 2(d) of the Lanham Act, 15 U.S.C. Section 1052(d), the Applicant asserts a shared common heritage of rights and related goodwill in the "BELL" word element of the mark and the stylized "BELL" design with other former members of the Bell System. The applicant's right to exclusive use of the "BELL" design is nationwide, but is subject to the condition that the the applicant shall use the mark only in conjunction with the following modifier: "SOUTHWESTERN BELL". Use of the modifier shall be considered to be in conjunction with the mark if it is used in sufficient proximity to the mark such that a reasonable observer would normally view the mark and the modifier in a single visual impression and would recognize that both the mark and the modifier are used by the applicant. Applicant's right to the exclusive use of the "BELL" design is subject to the rights of the following companies, to which concurrent registrations in the mark have been issued, to use of the mark in conjunction with one or more of the modifiers specified in those registrations, and the applicant's right to exclusive use of the "BELL" word element of such composite marks is subject to the concurrent rights which the following companies have in the "BELL" mark as specified in the opinions of the United States District Court as cited above: American Information Technologies Corporation, 30 South Wacker Drive, Chicago, IL 60606; Bell Atlantic Corporation, 1310 North Courthouse Road, Arlington, VA 22201; BellSouth Corporation, 1155 Peachtree street, N.E. Atlanta, GA 30367; Cincinnati Bell, Inc., 201 East Fourth Street, Cincinnati, OH 45202; Nynex Corporation, 1113 Westchester Avenue, White Plains, NY 10604; Pacific Telesis Group, 130 Kearny Street, San Francisco, CA 94108; The Southern New England Telephone Company, 227 Church Street, New Haven, CT 06506; Southwestern Bell Corporation, One Bell Center, St. Louis, MO 63101; and U.S. West, Inc., 6200 South Quebec Road, Englewood, CO 80111. |
