Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90536538

Filing Date: 02/19/2021

To the Commissioner for Trademarks:

MARK: SAND & STABLE (Standard Characters, see mark)
The literal element of the mark consists of SAND & STABLE. 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
      4 Copley Place
      Boston, Massachusetts 02116
      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 006:  Baskets of common metal; metal pulls for cabinets and drawers; doors of 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 011:  Lamps; floor lamps; table lamps; lighting fixtures; bathroom lighting fixtures; faucets.
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:  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; wall stickers.
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 019:  Non-metal tiles for walls and floors; wall panels not of metal; doors of wood; doors of vinyl; doors of glass; vinyl flooring; wood flooring; ceramic flooring; porcelain flooring.
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, 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, desks, filing cabinets, storage cabinets, office chairs, chaise lounges, 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; works of art of wood, wax, plaster or plastic; coat racks; shelving, bathroom furniture, namely, cabinets, shelving, towel stands; outdoor furniture; cabinet knobs; drawer knobs.
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:  Baskets for domestic use, not of metal; 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, jars and canisters namely, glass storage jars and canister sets; napkin rings, napkin holders; laundry hampers for domestic or household use; toilet paper holders
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; draperies; curtains; shower curtains; 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; wallpaper.
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 field of home furnishings, 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 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, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS, REBECCA E. MCDOUGALL, BRITTANY A. ESTELL, RACHEL FERTIG and KIRAN JASSAL, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY, SHARON R. SMITH, JENNA STOKES, GENE K. PARK and PETER G. BYRNE, members of the California 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
      One Federal Street
      Boston, Massachusetts 02110
      United States
      617-951-8939(phone)
      617.341.7701(fax)
      trademarks@morganlewis.com
The 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.

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rachelle.dubow@morganlewis.com; amelia.pennington@morganlewis.com; jennifer.kagan@morganlewis.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 $3500 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 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: /Enrique Colbert/   Date: 02/19/2021
Signatory's Name: Enrique Colbert
Signatory's Position: General Counsel
Signatory's Phone Number: 6175326801
Signature method: Sent to third party for signature
Payment Sale Number: 90536538
Payment Accounting Date: 02/19/2021

Serial Number: 90536538
Internet Transmission Date: Fri Feb 19 16:35:06 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202102191635068
82771-90536538-770ba8536cce0774ca83d3e5e
917910a5be6b8a44e6da57a15e997fb6e6f212e7
-DA-35060147-20210219142217030133