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: SOL 72 OUTDOOR(Standard Characters, see http://uspto.report/TM/88173412/mark.png)
SERIAL NUMBER: 88173412


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Wayfair LLC, having an address of
      4 Copley Place, Floor 7
      Boston, Massachusetts 02116
      United States
Proposed: Wayfair LLC, having an address of
      4 Copley Place, Floor 7
      Boston, Massachusetts 02116
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 011:
Current identification: Portable fire pits; lighting fixtures; outdoor lighting fixtures; lighting installations; outdoor lighting installations

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 12/11/2018, and first used in commerce at least as early as 12/11/2018, 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:
SPN0-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_class_11_l ight.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPN0-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_class_11_f irepit.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 018:
Current identification: Patio umbrellas; Table umbrellas

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 12/11/2018, and first used in commerce at least as early as 12/11/2018, 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 shot 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:
SPN1-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_class_18.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 020:
Current identification: Furniture; outdoor furniture; accent pillows; outdoor accent pillows

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 12/11/2018, and first used in commerce at least as early as 12/11/2018, 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:
SPN2-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_class_20_p illow.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN2-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_class_20_f urniture.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


For International Class 021:
Current identification: Planters for flowers and plants; raised garden planters

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 12/11/2018, and first used in commerce at least as early as 12/11/2018, 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 shot 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:
SPN3-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_planter_cl ass_21.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 027:
Current identification: Rugs; Outdoor rugs

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 12/11/2018, and first used in commerce at least as early as 12/11/2018, 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 shot 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:
SPN4-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_rug.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 035:
Current identification: On-line retail store services in the field of outdoor furniture, décor, lighting, home goods, and accessories

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 12/11/2018, and first used in commerce at least as early as 12/11/2018, 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 shot from Applicant's website that displays the mark in connection with the identified services.

Original PDF file:
SPN5-260119040041d041dc6b dd59b33b9-202003161045318 24345_._SOL_72_class_35.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: Rachelle A. Dubow, Esq.. Rachelle A. Dubow, Esq. of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTN: TMSU
      ONE FEDERAL STREET
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 107525-0034.

The phone number is 617-951-8939.

The fax number is 6179518736.

The email address is trademarks@morganlewis.com

The owner's/holder's proposed attorney information: Rachelle A. Dubow, Esq.. Other appointed attorneys are 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, 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, SHARON R. SMITH and BRITTANY A. ESTELL, members of the California Bar, PETER G. 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 AMELIA G. PENNINGTON, 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. Rachelle A. Dubow, Esq. of MORGAN, LEWIS & BOCKIUS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ATTN: TMSU
      ONE FEDERAL STREET
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 107525-0034.

The phone number is 617-951-8939.

The fax number is 617.341.7701.

The email address is trademarks@morganlewis.com

Rachelle A. Dubow, Esq. 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.Correspondence Information (current):
      RACHELLE A. DUBOW, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rachelle.dubow@morganlewis.com

The docket/reference number is 107525-0034.
Correspondence Information (proposed):
      Rachelle A. Dubow, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rachelle.dubow@morganlewis.com; jennifer.kagan@morganlewis.com

The docket/reference number is 107525-0034.

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 $600 will be submitted with the form, representing payment for the allegation of use for 6 classes.


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: 03/18/2020
Signatory's Name: Enrique Colbert
Signatory's Position: General Counsel
Signatory's Phone: 6175326801

Mailing Address:
   MORGAN, LEWIS & BOCKIUS LLP
   ATTN: TMSU
   ONE FEDERAL STREET
   BOSTON, Massachusetts 02110

RAM Sale Number: 88173412
RAM Accounting Date: 03/18/2020

Serial Number: 88173412
Internet Transmission Date: Wed Mar 18 14:14:41 ET 2020
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-202003181414414
97041-88173412-710bd78a3533d3c9ad11f75f5
67dbbbf74e214a50c192684a50dca90d469f174-
DA-14410289-20200318131216018891