Joseph C. Avakoff, Appellant-Applicant v. Southern Pacific Company and Southern Pacific Transportation Company, Appellees-Opposers

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This appeal is from the January 28, 1985, decision (unpublished) of the Patent and Trademark Office Trademark Trial and Appeal Board (board) granting opposers’, Southern Pacific Company, et al.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 (Ava-koff), had not used his mark in commerce before filing the application. We affirm.

Background

Avakoff filed an application to register SP SOFTWARE and design (“Software” disclaimed) for computer software,…