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AVAKOFF v. SOUTHERN PACIFIC CO.

Appeal No. 85-2032, Opposition No. 68325.

765 F.2d 1097 (1985)

Joseph C. AVAKOFF, Appellant-Applicant, v. SOUTHERN PACIFIC COMPANY and Southern Pacific Transportation Company, Appellees-Opposers.

United States Court of Appeals, Federal Circuit.

June 19, 1985.

Attorney(s) appearing for the Case

Joseph C. Avakoff, pro se.

Robert D. Hornbaker, Freilich, Hornbaker, Rosen & Fernandez, of Los Angeles, Cal., for appellees-opposers.

Before RICH, BALDWIN, and BENNETT, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the January 28, 1985, decision (unpublished) of the Patent and Trademark Office Trademark Trial and Appeal Board (board) granting opposers', Southern Pacific Company, et al. (Southern Pacific), motion for summary judgment with respect to opposers' claim that the application herein involved is void ab initio because applicant, Joseph C. Avakoff (Avakoff), had not used his mark in commerce before filing the application. We affirm...

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