PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 1382406
REGISTRATION DATE: 02/11/1986

MARK: CACHE (see, )

The owner, THE CATO CORPORATION, a corporation of Delaware, having an address of
      8100 DENMARK ROAD
      CHARLOTTE, North Carolina 28273
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 025, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: LADIES' CLOTHING, NAMELY--SHIRTS, TOPS, PANTS, JACKETS, SUITS, DRESSES, BELTS, SHOES, SCARVES, SKIRTS, SKIRTS WITH COORDINATING TOPS, T-SHIRTS AND COATS ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) No specimen is being submitted because excusable nonuse is being claimed..

Original PDF file:
SPN0-66194219253-20160810111922403925_._CACHE_No_Specimen_of_Use_Required.pdf
Converted PDF file(s) (1 page)
Specimen File1

The following explanation of excusable nonuse has been made of record: According to the U.S. Patent and Trademark Office, a proper claim of excusable nonuse in a Section 8 Affidavit must include all of the following information: (1) the date of last use of the mark; (2) details explaining the special circumstances excusing nonuse; (3) the steps being taken to resume use; and (4) the approximate date when use is expected to resume. First, regarding the date of last use of the mark, on February 4, 2015, Cache, Inc., a Delaware corporation ("Cache, Inc."), filed a Petition in Bankruptcy in the United States Bankruptcy Court for the District of Delaware ("Bankruptcy Court") pursuant to Chapter 11 of the United States Bankruptcy Code. During the bankruptcy proceedings, Cache, Inc. entered into an Agency Agreement with Great American Group WF, LLC ("Great American") dated March 4, 2015, whereby Cache, Inc. sold all of its assets to Great American. On March 6, 2015, the Bankruptcy Court approved the Agency Agreement pursuant to the Order Approving Sale of All or Substantially All of Debtors' Assets and Granting Related Relief. Accordingly, the date of last use of the CACHE mark was on March 6, 2015. Second, regarding the details explaining the special circumstances excusing nonuse, according to the TMEP § 1604.11, it is not the intent of Section 8 of the Trademark Act "to cancel registrations because of a temporary interruption in the use of the mark due to circumstances beyond the control of the owner of the registration." In order to demonstrate excusable nonuse, Registrant must set forth sufficient facts to demonstrate that nonuse of the mark is due to special circumstances beyond the owner's control or "forced by outside causes," and is not due to any intention to abandon the mark. In re Moorman Manufacturing Company, 203 U.S.P.Q. 712, 713 (Comm'r Pats. 1979). As stated in the TMEP § 1604.11, "[t]emporary nonuse due to the sale of business might be considered excusable." Likewise, the United States District Court for the Southern District of New York has held that the temporary suspension of business due to bankruptcy does not abandon any assignable rights in trademarks. Merry Hull and Company v. Hi-Line Co., 243 F. Supp. 45, 50-53, 146 USPQ 274 (S.D. N.Y. 1965); see also McCarthy on Trademarks and Unfair Competition § 18:28, 18-73. As noted above, on February 4, 2015, Cache, Inc. filed a Petition in Bankruptcy pursuant to Chapter 11 of the United States Bankruptcy Code. During the bankruptcy proceedings, Cache, Inc. entered into an Agency Agreement with Great American dated March 4, 2015, whereby Cache, Inc. sold all of its assets to Great American. On March 6, 2015, the Bankruptcy Court approved the Agency Agreement pursuant to the Order Approving Sale of All or Substantially All of Debtors' Assets and Granting Related Relief. Registrant respectfully submits that the temporary forced suspension of use of the CACHE mark due to the Petition in Bankruptcy filed by Cache, Inc. on February 4, 2015, and the sale of all or substantially all of Cache, Inc.'s assets pursuant to the Agency Agreement approved by the Bankruptcy Court on March 6, 2015, pursuant to the Order Approving Sale of All or Substantially All of Debtors' Assets and Granting Related Relief, constitutes "special circumstances beyond the owner's control" and excusable nonuse under Section 8(b)(2) of the Trademark Act (15 U.S.C. §1058(b)(2)). Third, regarding the steps being taken to resume use, The Cato Corporation ("Cato") is presently engaged in the following activities: market research to determine the specific products and product designs to be offered in connection with the CACHE mark. Cato is also investigating locations and capabilities for manufacturing products to be offered in connection with the CACHE, and consulting with a branding consultant. Additionally, Cato is developing a website to be hosted at the domain name www.cache.com through which Cato intends to advertise, market, offer sale, promote, and sell products bearing the CACHE mark. Lastly, regarding the approximate date when use is expected to resume, Cato intends to launch a fall 2016 CACHE product collection. Accordingly, Cato expects to resume use of the CACHE mark sometime between summer and fall of 2016.
The registrant's current Attorney Information: Henry B. Ward, III of  Moore & Van Allen PLLC
      100 North Tryon Street, Suite 4700
      Charlotte, North Carolina 28202
      United States


The registrant's proposed Attorney Information: Henry B. Ward, III of  Moore & Van Allen PLLC
      Suite 4700
      100 North Tryon Street
      Charlotte, North Carolina 28202
      United States
The docket/reference number is 001690.988.
The Other Appointed Attorney(s): Dickson M. Lupo, J. Mark Wilson, W. Kevin Ransom, Jim Edwards, Jeffrey Gray, Patrick Horne, Arlene D. Hanks, Ellen A. Rubel, F. Emmett Weindruch, and Samantha N. Skains.

The phone number is 704-331-1000.

The fax number is 704-331-1159.

The email address is CLT-TMCorrespondence@mvalaw.com.
The registrant's current Correspondence Information: Henry B. Ward, III of  Moore & Van Allen PLLC
      100 North Tryon Street, Suite 4700
      Charlotte, North Carolina 28202
      United States


The registrant's proposed Correspondence Information: Henry B. Ward, III of  Moore & Van Allen PLLC
      Suite 4700
      100 North Tryon Street
      Charlotte, North Carolina 28202
      United States
The docket/reference number is 001690.988.


The phone number is 704-331-1000.

The fax number is 704-331-1159.

The email address is CLT-TMCorrespondence@mvalaw.com.

A fee payment in the amount of $600 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services, or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


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 this submission, 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.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: /Christin J. Reische/      Date: 08/10/2016
Signatory's Name: Christin J. Reische
Signatory's Position: Vice President, General Counsel, Asst Secy

Mailing Address (current):
   Moore & Van Allen PLLC
   100 North Tryon Street, Suite 4700
   Charlotte, North Carolina 28202

Mailing Address (proposed):
   Moore & Van Allen PLLC
   100 North Tryon Street
   Charlotte, North Carolina 28202

Serial Number: 73517769
Internet Transmission Date: Wed Aug 10 11:59:01 EDT 2016
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XXX-201608101159
01827607-1382406-5502ecec3956f0c2a7dc837
ec586f3e4253fdb52b1e5a20767a1d36a268b2cb
7-ET-9118-20160810111922403925