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: 88769551

Filing Date: 01/22/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a leaf design.
The applicant, Wayfair LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      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 006:  Baskets of common metal
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.

International Class 008:  Table cutlery; Flatware, namely, knives, forks, and spoons; kitchen knives
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.

International Class 011:  Lamps; floor lamps; table lamps; lighting fixtures; bathroom lighting fixtures
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.

International Class 014:  Jewelry armoires; jewelry boxes; clocks; wall clocks
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.

International Class 016:  Art prints; framed art prints
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.

International Class 020:  Furniture; furniture, namely, multimedia storage cabinets, 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, 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, bathroom furniture, namely, cabinets, shelving, towel stands, bath stools; outdoor furniture
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.

International Class 021:  Kitchen and serving utensils namely, kitchen tongs, ladles, turners, mixing spoons, graters, sieves, pouring and straining spouts, spatulas, spoon rests, trivets, whisks, ice cream scoops, carving and serving forks, silicone basting brushes for cooking, rolling pins, melon ballers, cheese board and knife sets; baskets for domestic use, not of metal; flower baskets; waste baskets; bowls; works of art made of glass or porcelain; serving trays; serving platters; candle holders; Kitchenware, namely, dishes, serving platters, plates, bowls, cups, saucers, pitchers and mugs, mixing bowls, salt and pepper shakers, salad spinners, pizza pans, spice racks; tea pots, food storage bowls being plastic storage containers for domestic use, thermally insulated food storage containers; non-insulated household food storage containers, lazy susans; cookware, namely, casserole dishes, dutch ovens, non-electric griddles, pots and pans, non-electric pressure cookers, skillets, roasting pans and roasting dishes, non-electric cooking steamers, frying pans and non-electric woks; bakeware; dinnerware; cutting boards; beverage glassware; jars and canisters namely, glass storage jars and canister sets; countertop paper towel holders; mounted paper towel holders; napkin rings, napkin holders; oven mitts and pot holders; ice buckets; plastic coasters; vinyl and plastic placemats; laundry hampers for domestic or household use
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.

International Class 024:  Bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets and blanket throws, bedspreads, duvets, crib sheets, baby blankets, crib and bed canopies; diaper changing pads not of paper and diaper changing pad covers not of paper; draperies; curtains; shower curtains; beach towels, bath linens; kitchen linens; table linens, table dinner napkins of textile, cocktail table napkins of textile, tablecloths not of paper, fabric table runners
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.

International Class 027:  Carpets, rugs, mats and matting for covering existing floors
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.

International Class 035:  On-line retail store services in the fields of office furniture, home goods, home accessories and general consumer goods and general consumer merchandise
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 applicant hereby appoints 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
      617-951-8939(phone)
      617.341.7701(fax)
      trademarks@morganlewis.com (authorized).
The attorney docket/reference number is 107525-0034.
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.

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)

617.341.7701(fax)

trademarks@morganlewis.com; rachelle.dubow@morganlewis.com; amelia.pennington@morganlewis.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $2750 has been submitted with the application, representing payment for 10 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: 01/22/2020
Signatory's Name: Enrique Colbert
Signatory's Position: General Counsel
Payment Sale Number: 88769551
Payment Accounting Date: 01/22/2020

Serial Number: 88769551
Internet Transmission Date: Wed Jan 22 16:45:34 EST 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202001221645342
16581-88769551-70077df3684def03b1afbaa4f
2f1c5ddc27a6ae4799045c8f04d5e9f6fc4e720-
DA-45348521-20200121165200983921