PR-Teas-Response to Post Reg Office Act

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 No Form Number (Rev 01/2012)

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

---

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 No Form Number (Rev 01/2012)

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

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 1382406 CACHE

FORM INFORMATION

Registrant thanks the Examining Attorney for the courtesies extended to the undersigned during the telephonic interview with the Examining Attorney on March 7, 2017.  In the Post-Registration Office Action dated November 9, 2016, the U.S. Patent and Trademark Office (“USPTO”) rejected the Section 8 Affidavit of Excusable Nonuse filed by the Registrant on August 10, 2016, contending that the special circumstances provided by Registrant for excusing nonuse, i.e., the bankruptcy, was within the control of the owner.  As discussed in the interview, Registrant wishes to clarify that, Cache, Inc., the previous owner of the present registration, was the entity subject to the bankruptcy proceedings, not The Cato Corporation, the current registrant and present owner of the registration.  As detailed in the Affidavit, Registrant purchased and acquired all of Cache, Inc.’s assets, including the present registration, during Cache, Inc.’s bankruptcy proceedings.  As stated in the TMEP § 1604.11, "[t]emporary nonuse due to the sale of business might be considered excusable.”  Accordingly, Registrant submits the temporary forced suspension of use of the CACHE mark due to Cache, Inc.’s bankruptcy and Registrant’s purchase and acquisition of Cache, Inc.’s assets 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)).  Since the purchase and acquisition of Cache, Inc.’s assets, Registrant has been engaged in integrating the purchased assets into its existing business and developing the CACHE product lines and marketing strategies.  The integration has taken longer than anticipated, and Registrant anticipates offering the CACHE product line sometime between summer and fall of 2017.  As discussed during the telephonic interview, Registrant purchased and acquired additional registrations from Cache, Inc. during the same bankruptcy proceeding, for which Registrant has filed, and the USPTO has accepted, Section 8 Affidavit of Excusable Nonuse, including U.S. Service Mark and/or Trademark Registration Nos. 1,351,848 (CACHE & Design); 3,521,804 (CACHÉ CONTOUR COLLECTION); 3,521,805 (CACHÉ CONTOUR COLLECTION & Design); and 3,645,054 (CACHE LUXE). The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71. Warning: If you are providing a substitute specimen and do not provide the required statement verifying use, upon review of your response, if it is determined that verification is required, another Office action will issue requiring this statement to complete your response.

SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /hbw/      Date: 03/13/2017
Signatory's Name: Henry B. Ward, III
Signatory's Position: Attorney of record, North Carolina bar member
Signatory's Phone Number: 7043311027

Submission Signature
Signature: /hbw/     Date: 03/13/2017
Signatory's Name: Henry B. Ward, III
Signatory's Position: Attorney of Record
Signatory's Phone Number: 7043311027

        
Serial Number: 73517769
Internet Transmission Date: Mon Mar 13 14:54:46 EDT 2017
TEAS Stamp: USPTO/TRS-XX.XXX.XXX.XXX-201703131454461
37138-1382406-20170313132229284620-N/A-N
/A-20170313132229284620