Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88246045

Filing Date: 12/31/2018

To the Commissioner for Trademarks:

MARK: ELITE (stylized and/or with design, see mark)

The literal element of the mark consists of ELITE.
The applicant is not claiming color as a feature of the mark. The mark consists of a white bear walking with a cigarette in its mouth on a white surface above the white letters LIT and the white E's on either end of the letters LIT are represented with three white lines of the capital E all against a black background.
The applicant, Elite Garden Wholesale, a corporation of California, having an address of
      P.O. Box 386
      Santa Barbara, California 93102
      United States
      805-965-4448(phone)
      805-966-3320(fax)
      XXXX (not authorized)

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 025:  Clothing, including t-shirts, shirts, polo shirts, hats, caps, sweatshirts, sweatpants, shorts, socks, footwear, jackets, bandanas, hooded sweatshirts, pants, skirts, underwear, tank tops, beanies, sweaters, gloves, graphic t-shirts, ties and pajamas.

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/21/2015, and first used in commerce at least as early as 01/21/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Logo on various clothing items..

Original PDF file:
SPE0-1361793130-20181231155453465783_._Specimen-FINAL.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

       International Class 018:  Backpacks

In International Class 018, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 12/21/2015, and first used in commerce at least as early as 12/21/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Logo on backpack.

Original PDF file:
SPE0-1361793130-20181231155453465783_._elite-backpack.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5300244.

The applicant's current Attorney Information:
      Fernando Velez, Jr. of Reicker, Pfau, Pyle & McRoy LLP      1421 State Street, Suite B
      Santa Barbara, California 93101
      United States
      805-966-2440(phone)
      805-966-3320(fax)
      lvelez@rppmh.com (authorized)

The applicant's current Correspondence Information:

Fernando Velez, Jr.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, California 93101

805-966-2440(phone)

805-966-3320(fax)

lvelez@rppmh.com (authorized)

A fee payment in the amount of $800 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Fernando Velez Jr./   Date: 12/31/2018
Signatory's Name: Fernando Velez Jr.
Signatory's Position: Attorney of Record, California bar member
Payment Sale Number: 88246045
Payment Accounting Date: 01/02/2019

Serial Number: 88246045
Internet Transmission Date: Mon Dec 31 16:06:06 EST 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.X.XXX-2018123116060600
0074-88246045-620d0213a4b2dfb590286cc197
9ec8200e58e9e4c11615bdec38208db3dc7153-C
C-2302-20181231155453465783