TEAS RF New 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: 88047974

Filing Date: 07/23/2018

To the Commissioner for Trademarks:

MARK: WAYFAIR PROFESSIONAL PLATINUM (Standard Characters, see mark)
The literal element of the mark consists of WAYFAIR PROFESSIONAL PLATINUM.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Wayfair LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      One Federal Street
      4 Copley Place, Floor 7
      Boston, Massachusetts 02116
      United States

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 035:  Providing incentive program should for customers for purchases of a company's goods and services through a tiered membership program designed to incentivize, promote, and reward purchases, referrals, and other engagement with the program by offering rewards, discounts, prizes, and other benefits; business administration of a customer loyalty program; customer loyalty, reward and incentive program services, namely, a tiered membership program designed to incentivize, promote, and reward purchases, referrals, and other engagement with the program by offering rewards, discounts, prizes, and other benefits; customer loyalty program services featuring rewards in the form of discounted or upgraded shipping and return services, access to retail discounts, offers, products and experiences, loyalty points, and discounted installation and advisory services; administration of a customer loyalty program featuring rewards in the form of discounted or upgraded shipping and return services, access to retail discounts, offers, products and experiences, loyalty points, and discounted installation and advisory services
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4143919 and 4367577.

The applicant's current Attorney Information:
      Rachelle A. Dubow, Esq. and the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, JORDANA S. RUBEL, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS and REBECCA E. MCDOUGALL, members of the District of Columbia Bar and RACHEL FERTIG, member of the New York Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY and SHARON R. SMITH, members of the California Bar, PETER BYRNE, member of the California Bar and Massachusetts Bar, and GENE K. PARK, member of the District of Columbia Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and SARAH PAIGE, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP
      Attn: TMSU
      One Federal Street
      Boston, Massachusetts 02110
      United States
      617-951-8939(phone)
      6179518736(fax)
      trademarks@morganlewis.com (authorized)
The attorney docket/reference number is 107525-0034.

The applicant's current Correspondence Information:

Rachelle A. Dubow, Esq.

Morgan, Lewis & Bockius LLP

Attn: TMSU       One Federal Street

Boston, Massachusetts 02110

617-951-8939(phone)

6179518736(fax)

trademarks@morganlewis.com;rachelle.dubow@morganlewis.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 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 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: /Enrique Colbert/   Date: 07/23/2018
Signatory's Name: Enrique Colbert
Signatory's Position: General Counsel
Payment Sale Number: 88047974
Payment Accounting Date: 07/23/2018

Serial Number: 88047974
Internet Transmission Date: Mon Jul 23 09:43:09 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201807230943090
92030-88047974-61031394219906b53dda872cd
28a77db8d6b247b2c8f295eb9fa592ae9cdb40c2
46-DA-8236-20180722192621232000