Application

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Trademark/Service Mark Application, Principal Register

Serial Number: 90759075

Filing Date: 06/07/2021

To the Commissioner for Trademarks:

MARK: EARLYBIRD (stylized and/or with design, see mark)
The literal element of the mark consists of EARLYBIRD. The applicant is not claiming color as a feature of the mark. The mark consists of the word "EARLYBIRD" in stylized form with a profile of a bird's head and beak incorporated into the bowl of each "R" and a decorative bird's eye in the counter of each "R".
The applicant, Club EarlyBird, a limited liability company legally organized under the laws of Indiana, having an address of
      3976 E. Michigan Rd.
      Shelbyville, Indiana 46176
      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 005:  dietary and nutritional supplements

In International Class 005, 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 10/15/2019, and first used in commerce at least as early as 10/15/2019, 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) Webpage showing the product near the mark and with purchasing information.
Specimen File1
Webpage URL: http://www.clubearlybird.com/products/morning-cocktail?variant=32240620601415
Webpage Date of Access: 06/07/2021




The owner's/holder's proposed attorney information: Andrea Selkregg. Other appointed attorneys are All other attorneys at IdeaLegal. Andrea Selkregg of IdeaLegal, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2240 N Interstate Ave., Ste. 270
      Portland, Oregon 97227
      United States
      503-902-5780(phone)
      aselkregg@idealegal.com

Andrea Selkregg 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:

Andrea Selkregg

PRIMARY EMAIL FOR CORRESPONDENCE: aselkregg@idealegal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abrinfo@idealegal.com; docketing@idealegal.com; trademarks@idealegal.com 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: /Gregory, Charles/   Date: 06/07/2021
Signatory's Name: Gregory, Charles
Signatory's Position: Owner
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90759075
Payment Accounting Date: 06/07/2021

Serial Number: 90759075
Internet Transmission Date: Mon Jun 07 17:01:22 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021060717012276
4390-90759075-78051d44c5ccbbdacb8d58533a
6ae23d15f62de5a655edc046c9daf7ff9f164992
-CC-01213472-20210607152507970849