UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-2605

GEORGE MAY, Plaintiff - Appellant, versus COMMISSIONER OF PATENTS AND TRADEMARKS; UNITED STATES DEPARTMENT OF COMMERCE; UNITED STATES PATENT & TRADEMARK OFFICE, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Chief District Judge. (CA-96-915-A) Submitted: April 17, 1997 Decided: April 24, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

George May, Appellant Pro Se. James Ennis Macklin, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order dismissing his civil rights action for lack of subject matter jurisdiction and failing to state a claim. See Fed. R. Civ. P. 12(b)(1), (6). Ap- pellant claimed that the Defendants violated his civil rights by registering a trademark based on fraudulent affidavits and refusing to cancel the trademark. However, May failed to exhaust administra- tive remedies. See 15 U.S.C. § 1064 (1994). Therefore, the district court lacked subject matter jurisdiction. Further, May failed to establish facts sufficient to state a civil rights claim. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm. May v. Commissioner of Patents and Trademarks, No. CA-96-915-A (E.D. Va. Oct. 11, 1996).

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED