EFFECTIVE AUGUST 23, 2004 OMB APPROVAL ------------ OMB Number: 3235-0060 Expires: October 31, 2007 Estimated average burden hours per response.....38.0 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): February 3, 2005 ----------------- JOS. A. BANK CLOTHIERS, INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its character) Delaware 36-3189198 - -------------------------------------------------------------------------------- (State of Incorporation) (I.R.S. Employer Identification No.) 500 Hanover Pike, Hampstead, MD 21074 - -------------------------------------------------------------------------------- (Address of principal executive offices) (zip code) (410) 239-2700 - -------------------------------------------------------------------------------- (Registrant's telephone number, including area code) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17CFR 240.13e-4(c)) ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS On February 3, 2005, Jos. A. Bank Clothiers, Inc. issued a press release (the "Press Release") in which the Company announced, among other things, sales results for January. A copy of the Press Release is attached as Exhibit 99.1. SIGNATURE --------- Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Jos. A. Bank Clothiers, Inc. (Registrant) By: /s/ Robert N. Wildrick ------------------------------------ Robert N. Wildrick Chief Executive Officer and Director Dated: February 3, 2005 EXHIBIT INDEX Exhibit Number Description - ------- ----------- 99.1 Press Release dated February 3, 2005