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

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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: 97898793

Filing Date: 04/20/2023

To the Commissioner for Trademarks:

MARK: WAYFAIR (stylized and/or with design, see mark)
The literal element of the mark consists of WAYFAIR. The color(s) purple is/are claimed as a feature of the mark. The mark consists of a stylized word "WAYFAIR" to the left of which is a pinwheel design comprised of a square and four pentagons, all of which is in purple.
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
      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 035:  On-line retail store services in the fields of office furniture, household goods, home furnishings, home accessories and general consumer goods and general consumer merchandise, and household accessories, namely, baskets of common metal, table cutlery, flatware, kitchen knives, lamps, floor lamps, table lamps, lighting fixtures, jewelry armoires, jewelry boxes, clocks, wall clocks, art prints, framed art prints, furniture, bedroom furniture, kitchen furniture, bathroom furniture, outdoor furniture, accent pillows, nesting tables, side tables, picture frames, wine racks, room dividers, works of art of wood, wax, plaster or plastic, coat racks, kitchen and serving utensils, 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, 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, bake ware, dinnerware, cutting boards, beverage glassware, jars and canisters, 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, bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets, 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, carpets, rugs, mats and matting for covering existing floors; retail store services in the fields of office furniture, household goods, home furnishings, home accessories and general consumer goods and general consumer merchandise, and household accessories, namely, baskets of common metal, table cutlery, flatware, kitchen knives, lamps, floor lamps, table lamps, lighting fixtures, jewelry armoires, jewelry boxes, clocks, wall clocks, art prints, framed art prints, furniture, bedroom furniture, kitchen furniture, bathroom furniture, outdoor furniture, accent pillows, nesting tables, side tables, picture frames, wine racks, room dividers, works of art of wood, wax, plaster or plastic, coat racks, kitchen and serving utensils, 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, 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, bake ware, dinnerware, cutting boards, beverage glassware, jars and canisters, 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, bed sheets, pillow cases, pillow shams, bed skirts, comforters, bed blankets, 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, 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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4367577, 4143919, 6151516, and others.

Miscellaneous Statement
In addition to Reg. Nos. 4367577, 4143919, and 6151516, Applicant is the owner of active Reg. Nos. 6859249, 6008814, 6840405, 6809636, and 6151515.


The owner's/holder's proposed attorney information: Christina M. Licursi. Other appointed attorneys are Saad Alam, Michael A. Albert, Nicole Davis Amar, Michael J. Attisha, C. Hunter Baker, Jason W. Balich, Melissa Beede, Brandon S. Blackwell, Joseph M. Bowler, Kady S. Bruce, David F. Cauble, Tani Chen, Gitanjali Chimalakonda, Thomas S. Chlebeck, Aya Cieslak-Tochigi, Bryan S. Conley, Gregory F. Corbett, William L. Czaplyski, Cara B. Dawson, Trevor R. Day, Elizabeth A. DiMarco, Heather J. DiPietrantonio, Matthew O. Duffey, Stuart V. Duncan Smith, Roque El-Hayek, Neil P. Ferraro, Emma L. Frank, Thomas A. Franklin, Susmita A. Gadre, Edward R. Gates, Jean Ge, David S. Gesner, Richard F. Giunta, Gregory J. Gonsalves, Matthew H. Grady, Patricia L. Granahan, Philip J. Hamzik, James M. Hanifin, Jr., Steven F. Hannigan, John S. Harmon, Jason M. Honeyman, Gerald B. Hrycyszyn, Jeffrey D. Hsi, Elisabeth H. Hunt, Robert E. Hunt, Robert A. Jensen, Marc S. Johannes, Oona M. Johnstone, Quincy L. Kayton, Hunter D. Keeton, Jessamine M. Lee, Kevin Y. Li, Lin Li, Christina M. Licursi, Helen C. Lockhart, Chelsea Loughran, Flora Luo, Yue Matthew Ma, Kevin MacDonald, Robert T. Maldonado, John L. Marquardt, Kira-Khanh McCarthy, William R. McClellan, Marie A. McKiernan, Michele Moresco, James H. Morris, Elizabeth S. Mulski, Gregory S. Nieberg, Michelle K. Nyein, Timothy J. Oyer, Usha K. M. Parker, Zachary P. Piccolomini, Michael J. Pomianek, Curtis R. Powell, Randy J. Pritzker, Stephen S. Rabinowitz, Michael N. Rader, Suresh Rav, Laura B. Rogers, Jonathan B. Roses, JoHanna L. Rothseid, Daniel G. Rudoy, Edward J. Russavage, Eric J. Rutt, Robert N. Sahr, Anant K. Saraswat, Turhan F. Sarwar, Tonia A. Sayour, Amanda Slade, Nathan R. Speed, Charles T. Steenburg, Charlotte R. Stewart-Sloan, John L. Strand, Maria A. Trevisan, John R. Van Amsterdam, Ryan M. Van Olst, Andrew R. Varrenti, Amanda L. Varrichione, Janice A. Vatland, Jessica A. vonReyn, Robert H. Walat, Patrick R.H. Waller, Edmund J. Walsh, Jennifer J. Wang, Anne E. Weeks, John L. Welch, Adam R. Wichman, Andrew W. Williams, Chelsea E. Witte-Garcia, Douglas R. Wolf, Jie Xiang, Daniel W. Young, Lock See Yu-Jahnes, Adam Z. Zeiger, William Wei Zhang, Norman H. Zivin. Christina M. Licursi of Wolf, Greenfield & Sacks, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      600 Atlantic Avenue
      Boston, Massachusetts 02210
      United States
      617-646-8000(phone)
      617-646-8646(fax)
      cxltrademarks@wolfgreenfield.com
The docket/reference number is W10752017500.
Christina M. Licursi 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:

Christina M. Licursi

PRIMARY EMAIL FOR CORRESPONDENCE: cxltrademarks@wolfgreenfield.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): azstrademarks@wolfgreenfield.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 $350 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 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: /Amanda Slade/   Date: 04/20/2023
Signatory's Name: Amanda Slade
Signatory's Position: Associate Attorney, Wolf, Greenfield & Sacks, P.C., MA Bar member
Signatory's Phone Number: 617-646-8193
Signature method: Sent to third party for signature
Payment Sale Number: 97898793
Payment Accounting Date: 04/20/2023

Serial Number: 97898793
Internet Transmission Date: Thu Apr 20 14:37:39 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-202304201437412779
24-97898793-860effca5c1674b944df6e9e37d8
d5b86849a74516fc973e4a123e02be2d58c11a-C
C-37395032-20230420140045734611