Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90549228

Filing Date: 02/26/2021

To the Commissioner for Trademarks:

MARK: ELBY (Standard Characters, see mark)
The literal element of the mark consists of ELBY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Cameron Apparel, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      4644 Homestead Place
      Weddington, North Carolina 28104
      United States
      XXXX

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, namely, loungewear, pants, jogger pants, sweatpants, shirts, T-shirts, sweatshirts, tank tops, tops as clothing, pajamas, pajama tops, pajama bottoms, shorts, knit face masks being headwear, and hats

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 09/00/2019, and first used in commerce at least as early as 09/00/2019, 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) ADD TO CART page of Internet website.

Original PDF file:
SPE0-2081047129-202102261 34054743307_._SPM_2.2021.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.shopelby.com/collections/tees/products/skull-sweatshirt
Webpage Date of Access: 02/26/2021

International Class 025:  Clothing, namely, dresses, rompers, jackets, robes, slippers, shoes, and cover ups
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



The owner's/holder's proposed attorney information: Jeffrey J. Schwartz. Jeffrey J. Schwartz of Schwartz Law Firm, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      6100 Fairview Road, Suite 1135
      Charlotte, North Carolina 28210
      United States
      704-552-1889(phone)
      jjs@schwartz-iplaw.com
The docket/reference number is 1280/1.
Jeffrey J. Schwartz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Jeffrey J. Schwartz

PRIMARY EMAIL FOR CORRESPONDENCE: jjs@schwartz-iplaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $350 has been submitted with the application, representing payment for 1 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /jjs/   Date: 02/26/2021
Signatory's Name: Jeffrey J. Schwartz
Signatory's Position: Attorney
Signatory's Phone Number: 704-552-1889
Signature method: Signed directly within the form
Payment Sale Number: 90549228
Payment Accounting Date: 02/26/2021

Serial Number: 90549228
Internet Transmission Date: Fri Feb 26 13:50:15 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2021022613501579
8395-90549228-770abe878fe9994df439bc74fe
ed6ab3f2beaf91dc6dfa031e783ea78add51f62c
0-CC-50143899-20210226134054743307