PR-Section 8

PTO Form 1553 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 1553 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2843574
REGISTRATION DATE: 05/18/2004

MARK: DEVELOPMENT

The owner, DEVELOPMENT CLOTHING, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5140 PACIFIC BLVD.
      VERNON, California 90058
      United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 025, the mark is in use in commerce on or in connection with all goods or services listed in the existing registration for this specific class: SKIRTS, DRESSES, COATS, JACKETS, PANTS, TROUSERS, KNIT TOPS, WOVEN SHIRTS, SHIRTS, SWEATERS, BLOUSES, SHORTS, T-SHIRTS ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one specimen 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:
SPN0-17351229123-105159274_._Specimen_not_required.pdf
Converted PDF file(s) (1 page)
Specimen File1

The following explanation of excusable nonuse has been made of record: Registrant respectfully submits that it acquired the DEVELOPMENT mark, and all right, title and interest in this registration, effective November 1, 2007, and concurrently entered into a long-term employment agreement with the designer of the DEVELOPMENT women's apparel line, Erica Davies, a well-established name in the fashion industry, and whose name was closely associated with the brand in all marketing and promotion of it. Contrary to Registrant's reasonable expectations, however, following its acquisition of the brand, there arose significant and fundamental differences of opinion between Ms. Davies and Registrant's management in regard to the design, manufacture, merchandising, marketing and promotion of the line and its future direction, and these resulted in a deterioration of sales for the line during 2008. Ms. Davies resigned from the company in late 2008, and the remaining goods designed by her under the DEVELOPMENT mark were sold off in Spring 2009. Ms. Davies' unexpected creative stance vis-à-vis the brand following Registrant's acquisition of it and her unexpected departure were not reasonably within Registrant's control. Registrant intends to relaunch the DEVELOPMENT line, hopefully sometime in 2011 or 2012, but given the close past association of the mark with Ms. Davies, and the need to find the right creative talent to drive such relaunch, the repositioning and remarketing of the DEVELOPMENT brand will require additional time. Registrant respectfully submits that the foregoing factors, and the substantial time typically required to implement a brand launch in the fashion apparel industry, particularly in the context of the weak prevailing economic environment in the United States during 2008-2010, which has slowed the pace of numerous fashion brand launches, constitute special circumstances which should be deemed to excuse Registrant's nonuse at the present time.
The registrant's current Attorney Information: William J. Seiter of  SEITER & CO.
      220 26TH STREET, SUITE 202
      SANTA MONICA, California (CA) 90402
      United States (USX)

The registrant's proposed Attorney Information: William J. Seiter of  SEITER & CO.
      220 26TH STREET, SUITE 202
      SANTA MONICA, California (CA) 90402
      United States (USX)


The phone number is (310) 395-6100.

The fax number is (310) 395-6115.

The email address is williamjseiter@seiterandco.com.
The registrant's current Correspondence Information: WILLIAM J. SEITER of  SEITER & CO.
      220 26TH STREET, SUITE 202
      SANTA MONICA, California (CA) 90402
      United States (USX)

The registrant's proposed Correspondence Information: WILLIAM J. SEITER of  SEITER & CO.
      220 26TH STREET, SUITE 202
      SANTA MONICA, California (CA) 90402
      United States (USX)


The phone number is (310) 395-6100.

The fax number is (310) 395-6115.

The email address is williamjseiter@seiterandco.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /wjs/      Date: 11/18/2010
Signatory's Name: William J. Seiter
Signatory's Position: Attorney

Mailing Address (current):
   SEITER & CO.
   220 26TH STREET, SUITE 202
   SANTA MONICA, California 90402

Mailing Address (proposed):
   SEITER & CO.
   220 26TH STREET, SUITE 202
   SANTA MONICA, California 90402

Serial Number: 76385027
Internet Transmission Date: Thu Nov 18 12:15:02 EST 2010
TEAS Stamp: USPTO/SECT08-XXX.XX.XXX.XXX-201011181215
02475788-2843574-470b88cb37e224bcb2a561e
c6a42fc6ad71-CC-8820-2010111810515927428
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