Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: THE HOLIDAY AISLE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87234664/large)
SERIAL NUMBER: 87234664



The applicant, Wayfair LLC, having an address of
      One Federal Street
      4 Copley Place, Floor 7
      Boston, Massachusetts 02116
      United States
is submitting the following allegation of use information:

For International Class 006:
Current identification: Baskets of common metals; metal garden stakes; figurines of common metal

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/30/2016, and first used in commerce at least as early as 03/30/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN0-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_6.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 011:
Current identification: Lamps; floor lamps; table lamps; lighting fixtures; outdoor lighted decorations namely, outdoor lighted Holiday- themed ornaments; outdoor lighted Christmas-themed ornaments; LED lights for strings, flowers, branches and other ornamental decorations; electric lights for Christmas trees; Decorative lighting in the nature of electrically- illuminated string lights, lanterns and figurines

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: floor lamps

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Lamps; table lamps; lighting fixtures; outdoor lighted decorations namely, outdoor lighted Holiday- themed ornaments; outdoor lighted Christmas-themed ornaments; LED lights for strings, flowers, branches and other ornamental decorations; electric lights for Christmas trees; Decorative lighting in the nature of electrically- illuminated string lights, lanterns and figurines
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/22/2015, and first used in commerce at least as early as 05/22/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN1-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_11.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 014:
Current identification: Jewelry boxes; wall clocks

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: wall clocks

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Jewelry boxes
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/17/2017, and first used in commerce at least as early as 08/17/2017, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN2-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_14.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 016:
Current identification: Art prints; framed art prints

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/10/2016, and first used in commerce at least as early as 08/10/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN3-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_16.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 020:
Current identification: Furniture; furniture, namely, bean bag chairs, multimedia storage cabinets, non-metallic accent chests and accent cabinets, chairs, coffee tables, console tables, end tables, mirrors, sideboards and buffets, benches, bar stools, pub and bar tables, bed frames, bedroom sets comprising bedroom furniture, beds, bunk beds, daybeds, armoires, dressers and chests of drawers, bed headboards, and nightstands, dining sets comprising tables, chairs and benches, dining chairs, tables, sideboards, buffets, entertainment centers, television stands, bookcases, office furniture, computer desks, computer carts, namely, wheeled computer desks, desks, filing cabinets, storage cabinets, guest chairs, reception chairs, office chairs, chaise lounges, futons, rocking chairs, loveseats, ottomans, recliners, sectional sofas, sleeper sofas, and sofas; kitchen furniture, namely, ready to assemble mobile kitchen carts and kitchen islands; accent pillows, nesting tables, side tables; picture frames; wine racks; room dividers; works of art of wood, wax, plaster or plastic; coat racks; shelving, display cabinets, bathroom furniture, namely, cabinets, shelving, towel stands, bath stools; Inflatable figures for use as outdoor holiday decorations; Plush figures for use as outdoor holiday decorations; Outdoor holiday decorations made of clear or translucent PVC or polypropylene die cut forms having holiday themed shapes and icons; holiday ornaments and signs, namely, three-dimensional holiday ornaments made from fabric, printed holiday vinyl signs, holiday ornaments of plastic, Inflatable plastic holiday signs; holiday ornaments, namely, molded plastic Easter eggs; figurines of wood, wax, plaster, polystone or plastic

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 021:
Current identification: Baskets for domestic use, not of metal; flower baskets; waste baskets; bowls; works of art made of glass or porcelain; serving trays; figurines of ceramic, glass, porcelain; candle holders; beverage glassware

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: waste baskets

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Baskets for domestic use, not of metal; flower baskets; bowls; works of art made of glass or porcelain; serving trays; figurines of ceramic, glass, porcelain; candle holders; beverage glassware
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/13/2015, and first used in commerce at least as early as 10/13/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN5-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_21.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 024:
Current identification: Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets; fabric window coverings, namely, drapes; curtains; dining linens; bath linens; kitchen towels; shower curtains

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/29/2016, and first used in commerce at least as early as 01/29/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN6-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_24.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For International Class 026:
Current identification: Artificial wreaths

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/15/2016, and first used in commerce at least as early as 06/15/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN7-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_26.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 027:
Current identification: Carpets, rugs, mats and matting for covering existing floors

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: Carpets

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Rugs, mats and matting for covering existing floors
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/02/2016, and first used in commerce at least as early as 02/02/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN8-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_27.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 028:
Current identification: Artificial Christmas trees; artificial Christmas wreaths; plush toys

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/13/2015, and first used in commerce at least as early as 10/13/2015, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screen shots from the Company's Internet website which displays the trademark in association with a picture and description of the goods, and provides for online ordering of such goods.

Original PDF file:
SPN9-6520916146-20180424163801720140_._HOLIDAY_AISLE_class_28.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 6, 11, 14, 16, 21, 24, 26, 27, 28
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 20

A fee payment in the amount of $900 will be submitted with the form, representing payment for the allegation of use for 9 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Enrique Colbert/      Date Signed: 04/24/2018
Signatory's Name: Enrique Colbert
Signatory's Position: General Counsel
Signatory's Phone: 6175326801

Request to Divide Signature


Signature: /RachelleDubow/    Date: 04/24/2018
Signatory's Name: Rachelle Dubow
Signatory's Position: Attorney for Applicant, Massachusetts bar member

Signatory's Phone: 6179518939


RAM Sale Number: 87234664
RAM Accounting Date: 04/25/2018

Serial Number: 87234664
Internet Transmission Date: Tue Apr 24 19:25:48 EDT 2018
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2018042419254860
8505-87234664-510719fb6fd4b490563239c0e8
e59274e9ed92c85534c65680c72b1365a1f12945
-DA-6267-20180424172717409853