Application

PTO- 1478

Approved for use through 10/31/2024. 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

---

PTO- 1478

Approved for use through 10/31/2024. 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: 97231080

Filing Date: 01/21/2022

To the Commissioner for Trademarks:

MARK: WEST ELM (Standard Characters, see mark)
The literal element of the mark consists of WEST ELM. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Williams-Sonoma, Inc., a corporation of Delaware, having an address of
      3250 Van Ness Avenue
      San Francisco, California 94109
      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 009:  Downloadable virtual goods, namely, furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares consisting of the aforementioned goods for use online and in online virtual worlds; downloadable software in the nature of a mobile application for users to browse and perform electronic transactions involving virtual retail consumer goods featuring furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares; downloadable multimedia files containing artwork, text, audio, and video relating retail consumer goods featuring furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares authenticated by non-fungible tokens (NFTs); downloadable digital images authenticated by non-fungible tokens (NFTs); downloadable virtual goods, namely, crypto-collectibles and non-fungible tokens (NFTs); downloadable computer software in the nature of crypto-collectibles and non-fungible tokens (NFTs)
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:  Retail and online retail store services featuring virtual goods, namely, furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares; on-line retail store services featuring virtual merchandise, namely, furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares; provision of an online marketplace for buyers and sellers of downloadable multimedia files containing artwork, text, audio and video relating to retail consumer goods featuring furniture, home décor and general housewares authenticated by non-fungible tokens (NFTs); provision of an online marketplace for buyers and sellers of downloadable digital art images authenticated by non-fungible tokens (NFTs)
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 041:  Entertainment services, namely, providing on-line, non-downloadable virtual retail consumer goods featuring furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares for use online and in online virtual worlds; providing an online non-downloadable platform for users to browse, create, modify and manipulate virtual retail consumer goods featuring furniture, mirrors, lighting, lamps, bedding, rugs, home décor and general housewares for entertainment purposes
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 042:  Crypto-collectibles and application tokens used and transferred on software as a service (SAAS); crypto-collectibles and application tokens accessed on platform as a service (PAAS); providing non-downloadable computer software in the nature of crypto-collectibles and non-fungible tokens (NFTs)
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: R. Gwen Peterson. R. Gwen Peterson of Kilpatrick Townsend & Stockton LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      2175 North California Blvd, Suite 600
      Walnut Creek, California 94596
      United States
      925-472-5000(phone)
      925-472-8895(fax)
      rpeterson@kilpatricktownsend.com
The docket/reference number is 1295720.
R. Gwen Peterson 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:

R. Gwen Peterson

PRIMARY EMAIL FOR CORRESPONDENCE: rpeterson@kilpatricktownsend.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmadmin@kilpatricktownsend.com; dvargas@kilpatricktownsend.com; msteere@kilpatricktownsend.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 $1400 has been submitted with the application, representing payment for 4 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: /Shannon King/   Date: 01/21/2022
Signatory's Name: Shannon King
Signatory's Position: Vice President, Associate General Counsel
Signatory's Phone Number: 925-472-5000
Signature method: Sent to third party for signature
Payment Sale Number: 97231080
Payment Accounting Date: 01/21/2022

Serial Number: 97231080
Internet Transmission Date: Fri Jan 21 07:58:28 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220121075828346
627-97231080-8107c7e90edea2d1aa46f569932
92736aee492a88594b7395b027a60b57e971ddc-
CC-58273196-20220120192322977522