throbber
ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1435674
`05/14/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`THE WONDERFUL COMPANY LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`05/14/2025
`
`11444 WEST OLYMPIC BLVD.
`LOS ANGELES, CA 90064
`UNITED STATES
`
`DANIELLE MARIE CRIONA
`THE WONDERFUL COMPANY
`11444 WEST OLYMPIC BLVD.
`LOS ANGELES, CA 90064
`UNITED STATES
`Primary email: danielle.criona@wonderful.com
`Secondary email(s): ipdocketing@wonderful.com, bri-
`gid.mahoney@wonderful.com, philip.valdez@wonderful.com, la-
`tunda.powell@wonderful.com
`3109668771
`
`Docket no.
`
`217188-ENF-CITRUS
`
`Applicant information
`
`Application no.
`
`98575363
`
`Publication date
`
`01/14/2025
`
`Opposition filing
`date
`
`International re-
`gistration no.
`
`Applicant
`
`05/14/2025
`
`NONE
`
`Opposition period
`ends
`
`International re-
`gistration date
`
`05/14/2025
`
`NONE
`
`FRESH LATINA, LLC
`1395 BRICKELL AVE, STE 780
`MIAMI, FL 33131
`United States
`
`Goods/services affected by opposition
`
`Class 031. First Use: Dec 31, 2020 First Use In Commerce: Dec 31, 2020
`All goods and services in the class are opposed, namely: Fresh fruit
`
`Applicant information
`
`Application no.
`
`98418505
`
`05/14/2025
`
`Publication date
`
`05/06/2025
`
`Opposition period
`ends
`
`06/05/2025
`
`Opposition filing
`date
`
`Applicant
`
`FRESH LATINA, LLC
`1395 BRICKELL AVE, STE 780
`
`

`

`MIAMI, FL 33131
`United States
`
`Goods/services affected by opposition
`
`Class 031. First Use: Dec 31, 2020 First Use In Commerce: Dec 31, 2020
`All goods and services in the class are opposed, namely: Fresh fruit
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`2640835
`
`Register
`
`Principal
`
`Registration date
`
`10/22/2002
`
`Word mark
`
`Design mark
`
`POM WONDERFUL
`
`Application date
`
`04/19/2001
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 031. First use: First Use: Apr 11, 2002 First Use In Commerce: Apr 11,
`2002
`FRESH FRUITS
`
`U.S. registration
`no.
`
`5740010
`
`Register
`
`Principal
`
`Registration date
`
`04/30/2019
`
`Word mark
`
`Design mark
`
`WONDER FUEL
`
`Application date
`
`07/07/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 005. First use: First Use: Mar 2016 First Use In Commerce: Mar 2016
`Organic ready-to-drink nutritionally fortified beverages
`
`U.S. registration
`no.
`
`5697533
`
`Application date
`
`11/17/2014
`
`

`

`Register
`
`Principal
`
`Registration date
`
`03/12/2019
`
`Word mark
`
`Design mark
`
`WONDERFUL
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the word "WONDERFUL" with a heart in place of the letter
`"O".
`
`Class 030. First use: First Use: Jan 2, 2019 First Use In Commerce: Jan 2, 2019
`Honey; Honey for food; Honey used as an ingredient in food
`
`U.S. registration
`no.
`
`3687491
`
`Register
`
`Principal
`
`Registration date
`
`09/22/2009
`
`Word mark
`
`Design mark
`
`POM WONDERFUL
`
`Application date
`
`05/12/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 005. First use: First Use: May 2007 First Use In Commerce: May 2007
`[ Food, dietary and nutritional supplements, including antioxidant supplements
`and supplements derived from and containing pomegranate extracts and plant
`extracts, including powders, liquids, capsules, and pills; ] nutraceuticals for use
`as a dietary supplement, including powders, liquids, capsules, and pills [ ; anti-
`cancer preparations; pharmaceutical products and preparations, including pre-
`parations derived from and containing pomegranate extracts and plant extracts,
`for the treatment of viral and infectious diseases, including for the treatment of
`cancer ]
`Class 029. First use: First Use: Jun 2006 First Use In Commerce: Jun 2006
`[ Frozen fruits ]
`Class 030. First use: First Use: Feb 1, 2006 First Use In Commerce: Mar 6,
`2006
`[ Topping syrup; ] iced tea and tea-based beverages with fruit flavoring
`Class 032. First use: First Use: Jun 30, 2004 First Use In Commerce: Jun 30,
`2004
`Non-alcoholic fruit extracts used in the preparation of beverages; [ preparations
`for making fruit drinks; ] fruit flavored beverages; non-alcoholic beverages con-
`taining fruit juices [ ; smoothies; bottled water; non-alcoholic beverages with tea
`flavor; low calorie fruit flavored beverages; low calorie fruit juice drinks; low cal-
`orie tea flavored beverages ]
`
`

`

`U.S. registration
`no.
`
`4951549
`
`Register
`
`Principal
`
`Registration date
`
`05/03/2016
`
`Word mark
`
`Design mark
`
`POM WONDERFUL
`
`Application date
`
`06/04/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 030. First use: First Use: Sep 2, 2015 First Use In Commerce: Sep 2,
`2015
`Beverages made of tea; flavorings for beverages; flavorings of tea; fruit teas;
`green tea; iced tea; tea; tea-based beverages with fruit flavoring
`
`U.S. registration
`no.
`
`4552106
`
`Register
`
`Principal
`
`Registration date
`
`06/17/2014
`
`Word mark
`
`Design mark
`
`WONDERFUL
`
`Application date
`
`08/12/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 031. First use: First Use: Oct 25, 2013 First Use In Commerce: Oct 25,
`2013
`Fresh citrus fruits
`
`U.S. registration
`no.
`
`4965046
`
`Register
`
`Principal
`
`Registration date
`
`05/24/2016
`
`Application date
`
`02/27/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`A HEALTHY DOSE OF WONDERFUL
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Class 030. First use: First Use: Oct 23, 2015 First Use In Commerce: Oct 23,
`2015
`[ Iced teas;Iced teas containing fruit juice; Iced tea-based beverages containing
`fruit flavoring; Non-alcoholic iced tea; Non-alcoholic tea-based beverages; Non-
`alcoholic tea-based beverages containing fruit flavoring ]
`Class 032. First use: First Use: Oct 23, 2015 First Use In Commerce: Oct 23,
`2015
`Fruit juice; Fruit juice concentrate; Fruit drinks; Fruit-flavored beverages; Non-
`alcoholic beverages containing fruit juices; Non-alcoholic beverages containing
`fruit extracts
`
`U.S. registration
`no.
`
`4552134
`
`Register
`
`Principal
`
`Registration date
`
`06/17/2014
`
`Word mark
`
`Design mark
`
`WONDERFUL
`
`Application date
`
`10/17/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the word "WONDERFUL" with a heart design in place of
`the letter "O".
`
`Class 031. First use: First Use: Oct 25, 2013 First Use In Commerce: Oct 25,
`2013
`Fresh citrus fruits
`
`U.S. registration
`no.
`
`3687492
`
`Register
`
`Principal
`
`Registration date
`
`09/22/2009
`
`Word mark
`
`Design mark
`
`POM WONDERFUL
`
`Application date
`
`05/12/2005
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`The mark consists of the words "POM WONDERFUL", with a Heart Design in
`place of the letter "O" in the word "POM".
`
`Class 005. First use: First Use: May 2007 First Use In Commerce: May 2007
`[ Food, dietary and nutritional supplements, including antioxidant supplements
`and supplements derived from and containing pomegranate extracts and plant
`extracts, including powders, liquids, capsules, and pills; ] nutraceuticals for use
`as a dietary supplement, including powders, liquids, capsules, and pills [ ; anti-
`cancer preparations; pharmaceutical products and preparations, including pre-
`parations derived from and containing pomegranate extracts and plant extracts,
`for the treatment of viral and infectious diseases, including for the treatment of
`cancer ]
`Class 029. First use: First Use: Jun 2006 First Use In Commerce: Jun 2006
`[ Frozen fruits ]
`Class 030. First use: First Use: Feb 1, 2006 First Use In Commerce: Mar 6,
`2006
`[ Topping syrup; ] iced tea and tea-based beverages with fruit flavoring
`Class 032. First use: First Use: Jun 30, 2004 First Use In Commerce: Jun 30,
`2004
`Non-alcoholic fruit extracts used in the preparation of beverages; [ preparations
`for making fruit drinks; fruit flavored beverages; ] non-alcoholic beverages con-
`taining fruit juices [ ; smoothies; non-alcoholic beverages with tea flavor; low cal-
`orie fruit flavored beverages; low calorie fruit juice drinks; low calorie tea
`flavored beverages ]
`
`U.S. registration
`no.
`
`5680620
`
`Register
`
`Principal
`
`Registration date
`
`02/19/2019
`
`Application date
`
`07/13/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`WONDERFULLY CONVENIENT
`
`Description of
`mark
`
`Goods/services
`
`Class 029. First use: First Use: Oct 2016 First Use In Commerce: Oct 2016
`Processed fruit; Processed fruits
`
`U.S. registration
`no.
`
`7466269
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2024
`
`Application date
`
`07/17/2023
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`THE WONDERFUL COMPANY
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Class 029. First use: First Use: Oct 2015 First Use In Commerce: Oct 2015
`Processed nuts; Flavored nuts; Salted nuts, processed; Shelled nuts; Roasted
`nuts; Processed fruits
`Class 030. First use: First Use: Oct 2015 First Use In Commerce: Oct 2015
`Iced teas; Fruit flavored teas; Tea-based beverages with fruit flavoring
`Class 031. First use: First Use: Oct 2015 First Use In Commerce: Oct 2015
`Fresh fruits; fresh citrus fruits
`Class 032. First use: First Use: Oct 2015 First Use In Commerce: Oct 2015
`Fruit juice; Fruit juice concentrates; Fruit flavored beverages; Non-alcoholic
`beverages containing fruit juices
`
`U.S. registration
`no.
`
`2839828
`
`Register
`
`Principal
`
`Registration date
`
`05/11/2004
`
`Word mark
`
`Design mark
`
`WONDER FRUIT
`
`Application date
`
`05/05/2003
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 031. First use: First Use: Jun 30, 2003 First Use In Commerce: Jul 11,
`2003
`FRESH FRUITS AND VEGETABLES
`
`U.S. registration
`no.
`
`2780314
`
`Register
`
`Principal
`
`Registration date
`
`11/04/2003
`
`Word mark
`
`POM WONDERFUL
`
`Application date
`
`12/11/2001
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark contains the word "POM", and the word "WONDERFUL" in red, the
`same red shade of which is also within the heart of the "POM".
`
`Class 031. First use: First Use: Oct 15, 2001 First Use In Commerce: Oct 15,
`2001
`FRESH FRUITS
`Class 032. First use: First Use: Oct 15, 2001 First Use In Commerce: Oct 15,
`2001
`FRUIT JUICES AND FRUIT JUICE CONCENTRATES
`
`U.S. registration
`no.
`
`5719783
`
`Register
`
`Principal
`
`Registration date
`
`04/09/2019
`
`Word mark
`
`Design mark
`
`WONDERFUL CITRUS
`
`Application date
`
`04/24/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 031. First use: First Use: Jun 1, 2015 First Use In Commerce: Jun 1, 2015
`Citrus fruit, fresh; Fresh citrus fruits
`
`U.S. registration
`no.
`
`3463342
`
`Register
`
`Principal
`
`Registration date
`
`07/08/2008
`
`Application date
`
`02/23/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`WONDERFUL PISTACHIOS
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Class 029. First use: First Use: May 17, 2007 First Use In Commerce: May 17,
`2007
`Processed nuts
`
`U.S. registration
`no.
`
`3784763
`
`Register
`
`Principal
`
`Registration date
`
`05/04/2010
`
`Word mark
`
`Design mark
`
`WONDERFUL
`
`Application date
`
`10/22/2009
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the word "WONDERFUL" with a heart in place of the letter
`"O".
`
`Class 029. First use: First Use: Sep 21, 2009 First Use In Commerce: Sep 21,
`2009
`Processed nuts
`
`U.S. registration
`no.
`
`4897336
`
`Register
`
`Principal
`
`Registration date
`
`02/09/2016
`
`Word mark
`
`Design mark
`
`WONDERFUL
`
`Application date
`
`12/08/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 029. First use: First Use: May 17, 2007 First Use In Commerce: May 17,
`
`

`

`2007
`Flavored nuts, salted nuts, shelled nuts, roasted nuts; processed nuts
`
`U.S. registration
`no.
`
`5697532
`
`Register
`
`Principal
`
`Registration date
`
`03/12/2019
`
`Word mark
`
`Design mark
`
`WONDERFUL
`
`Application date
`
`11/17/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 030. First use: First Use: Jan 2, 2018 First Use In Commerce: Jan 2, 2019
`Honey; Honey for food; Honey used as an ingredient in food
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`WONDERFUL
`
`Beekeeping services; rental and transportation of live bees for agricul-
`tural purposes
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`POM WONDERFUL
`
`Nutritional supplements; ingredients for the manufacture of nutritional
`supplements
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`WONDERFUL
`
`Nutritional supplements; ingredients for the manufacture of nutritional
`supplements
`
`Attachments
`
`76244362#TMSN.png( bytes )
`86685408#TMSN.png( bytes )
`
`

`

`86456064#TMSN.png( bytes )
`78628764#TMSN.png( bytes )
`85642778#TMSN.png( bytes )
`85396734#TMSN.png( bytes )
`86206254#TMSN.png( bytes )
`85449191#TMSN.png( bytes )
`78628813#TMSN.png( bytes )
`88036940#TMSN.png( bytes )
`98088681#TMSN.png( bytes )
`76511963#TMSN.png( bytes )
`76347919#TMSN.png( bytes )
`87890973#TMSN.png( bytes )
`77114811#TMSN.png( bytes )
`77855511#TMSN.png( bytes )
`86474680#TMSN.png( bytes )
`86456060#TMSN.png( bytes )
`GROWING WONDERS word and des 98575363 98418505 217188
`OPPN.pdf(545287 bytes )
`
`Signature
`
`/ Danielle M Criona /
`
`Name
`
`Date
`
`Danielle Criona
`
`05/14/2025
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`THE WONDERFUL COMPANY LLC,
`
` Opposer,
`
`v.
`
`FRESH LATINA, LLC,
`
` Applicant.
`
`
`Opposition No.: ____________
`
`NOTICE OF OPPOSITION
`
`Mark: GROWING WONDERS
` Application Ser. No.: 98575363
`
`
`
`Mark: GROWING WONDERS & Design
` Application Ser. No.: 98418505
`
`
`
`- and -
`
`
`
`
`
`Published in the Official Gazette
`on January 14, 2025 and May 6, 2025
`
`
`
`))
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`))
`
`
`)
`)
`)
`)
`)
`
`))
`
`
`
`
`
`
`The Wonderful Company LLC, a Delaware limited liability company located and doing
`
`business at 11444 West Olympic Blvd., Los Angeles, CA 90064 (“TWC” or “Opposer”), believes
`
`it will be damaged by the registration of two trademarks:
`
`1. The trademark GROWING WONDERS as set forth in Application Serial No. 98575363 in
`
`Class 31 for “Fresh fruit”; and
`
`2. The trademark GROWING WONDERS & Design as set forth in Application Serial No.
`
`98418505 in Class 31 for “Fresh fruit”
`
`filed on May 29, 2024 and February 23, 2024, respectively, by Fresh Latina, LLC, a Florida limited
`
`
`
`{3516868.1} [217188]
`
`1
`
`

`

`
`
`liability company, with an address of 1395 Brickell Ave, Ste. 780, Miami, Florida 33131
`
`(“Applicant”), and hereby opposes the same. All aforementioned trademarks are hereafter referred
`
`to as “Applicant’s GROWING WONDERS Marks;” all aforementioned goods are hereafter
`
`referred to as “Applicant’s Goods;” and all aforementioned applications are hereafter referred to
`
`as “the Applications.”
`
`As grounds for this Opposition, TWC alleges:
`
`1.
`
`TWC is a privately-held global company dedicated to growing, harvesting, bottling,
`
`packaging, offering, and/or marketing a diverse range of high-quality and healthy products
`
`including fresh fruits, nuts, fruit juices, fruit teas, water, nutritionally fortified beverages, and
`
`nutraceuticals through iconic brands, such as Wonderful® Halos® mandarins, POM Wonderful®
`
`pomegranate products, Wonderful® Sweet Scarletts® grapefruit, and Wonderful Pistachios®,
`
`among others.
`
`2.
`
`TWC is the owner of numerous United States trademark registrations, applications,
`
`and common law rights in trademarks comprising of or containing the term WONDER and
`
`WONDERFUL in connection with a variety of goods offered in interstate commerce (the
`
`“WONDER®” and “WONDERFUL®” Marks) and, through licensing relationships with its
`
`affiliates and other companies with whom it is under common control (collectively referred to
`
`herein as “TWC” or “Opposer”), has established those rights to the WONDER® and
`
`WONDERFUL® Marks long before the December 31, 2020 priority dates/first use in commerce
`
`dates of the Applications.
`
`3.
`
`Opposer’s relevant WONDER® and WONDERFUL® Marks include, but are not
`
`limited to, the following United States trademark registrations, applications, and common law uses
`
`in multiple relevant Classes:
`
`
`
`{3516868.1} [217188]
`
`2
`
`

`

`
`
`TRADEMARK
`
`WONDER FRUIT
`WONDER FUEL
`
`APPLICATION/
`REGISTRATION
`Reg No. 2839828
`Reg. No. 5740010
`
`POM WONDERFUL W/
`HEART DESIGN
`
`Reg. No. 3687492
`
`POM WONDERFUL
`
`Reg. No. 3687491
`
`Reg. No. 4552106
`WONDERFUL
`WONDERFUL & Design Reg. No. 4552134
`WONDERFUL CITRUS Reg. No. 5719783
`POM WONDERFUL
`Reg. No. 2640835
`POM WONDERFUL &
`Reg. No. 2780314
`Design
`
`WONDERFUL
`
`Reg. No. 5697532
`
`WONDERFUL & Design Reg. No. 5697533
`
`WONDERFUL
`PISTACHIOS
`
`Reg. No. 3463342
`
`
`
`{3516868.1} [217188]
`
`3
`
`CLASS AND GOODS
`
`Class 31: Fresh fruit and vegetables
`Class 5: Organic ready-to-drink nutritionally
`fortified beverages
`Class 5: Nutraceuticals for use as a dietary
`supplement, including powders, liquids,
`capsules, and pills;
`Class 30: Iced tea and tea-based beverages with
`fruit flavoring;
`Class 32: Non-alcoholic fruit extracts used in
`the preparation of beverages; fruit flavored
`beverages; non-alcoholic beverages containing
`fruit juices
`Class 5: Nutraceuticals for use as a dietary
`supplement, including powders, liquids,
`capsules, and pills;
`Class 30: Iced tea and tea-based beverages with
`fruit flavoring;
`Class 32: Non-alcoholic fruit extracts used in
`the preparation of beverages; fruit flavored
`beverages; non-alcoholic beverages containing
`fruit juices
`Class 31: Fresh citrus fruits
`Class 31: Fresh citrus fruits
`Class 31: Citrus fruit, fresh; fresh citrus fruits
`Class 31: Fresh fruits
`Class 31: Fresh fruits
`Class 32: Fruit juices and fruit juice
`concentrates
`Class 30: Honey; honey for food; honey used as
`an ingredient in food
`Class 30: Honey; honey for food; honey used as
`an ingredient in food
`Class 29: Processed nuts
`
`

`

`
`
`
`
`WONDERFUL & Design Reg. No. 3784763
`WONDERFUL
`Reg. No. 4897336
`
`WONDERFULLY
`CONVENIENT
`POM WONDERFUL
`
`Reg. No. 5680620
`
`Reg. No. 4951549
`
`THE WONDERFUL
`COMPANY
`
`
`Reg. No. 7466269
`
`A HEALTHY DOSE OF
`WONDERFUL
`
`
`Reg. No. 4965046
`
`WONDERFUL
`
`Common Law
`
`WONDERFUL
`
`Common Law
`
`POM WONDERFUL
`
`Common Law
`
`Class 29: Processed nuts
`Class 29: Flavored nuts, salted nuts, roasted
`nuts; processed nuts
`Class 29: Processed fruit; Processed fruits
`
`Class 30: Beverages made of tea; flavorings for
`beverages; flavorings of tea; fruit teas; green
`tea; iced tea; tea; tea-based beverages with fruit
`flavoring
`Class 29: Processed nuts; Flavored nuts; Salted
`nuts; Shelled nuts; Roasted nuts; Processed
`fruits
`Class 30: Iced teas; Fruit flavored teas; Tea-
`based beverages with fruit flavoring
`Class 31: Fresh fruits; fresh citrus fruits
`Class 32: Fruit juice; Fruit juice concentrates;
`Fruit flavored beverages; Non-alcoholic
`beverages containing fruit juices
`Class 32: Fruit juice; Fruit juice concentrate;
`Fruit drinks; Fruit-flavored beverages; Non-
`alcoholic beverages containing fruit juices;
`Non-alcoholic beverages containing fruit
`extracts
`Beekeeping services; rental and transportation
`of live bees for agricultural purposes
`Nutritional supplements; ingredients for the
`manufacture of nutritional supplements
`Nutritional supplements; ingredients for the
`manufacture of nutritional supplements
`
`4.
`
`The registrations enumerated above are valid and subsisting, and Opposer hereby
`
`gives notice in accordance with Trademark Rules of Practice 2.122(d)(2) that it will rely thereon
`
`as evidence in this proceeding, and status copies showing present title to those marks that are
`
`registered will be introduced into evidence on its behalf during Opposer’s testimony period.
`
`
`
`{3516868.1} [217188]
`
`4
`
`

`

`
`
`5.
`
`Additionally, the above U.S. Reg. Nos. 3687492, 3687491, 3463342, 2839828,
`
`3463342, 3784763, 4897336, 4552106, 4552134, 2640835, 2780314, and 4951549 have become
`
`incontestable and therefore constitute conclusive evidence of the validity of those particular
`
`WONDER® and WONDERFUL® Marks, TWC’s ownership of those marks, as well as TWC’s
`
`nationwide exclusive right to use those marks in commerce on or in connection with all of the
`
`goods specified in the registrations.
`
`6.
`
`TWC and/or its predecessors have sold a significant amount of goods in connection
`
`with the WONDER® and WONDERFUL® Marks.
`
`7.
`
`TWC and/or its predecessors has spent significant sums of money advertising and
`
`promoting the products offered in connection with the WONDER® and WONDERFUL® Marks in
`
`the U.S.
`
`8.
`
`By virtue of the popularity of the goods offered in connection with the WONDER®
`
`and WONDERFUL® Marks, and the advertising and promotion of those goods, TWC owns
`
`extremely valuable goodwill which is symbolized by and associated with the WONDER® and
`
`WONDERFUL® Marks.
`
`9.
`
`The Applications and Applicant’s GROWING WONDERS Marks are without
`
`TWC’s consent or permission.
`
`10.
`
`Application Serial No. 98575363 was published for opposition on January 14,
`
`2025. Opposer filed requests for extensions of time to oppose Application Serial No. 98575363 on
`
`February 12, 2025 and March 14, 2025. Opposer’s requests were granted. An opposition to
`
`Applicant’s Application Serial No. 98575363 must be filed by May 14, 2025. Therefore, this
`
`Notice of Opposition is being timely filed with respect to that application.
`
`
`
`{3516868.1} [217188]
`
`5
`
`

`

`
`
`11.
`
`Application Serial No. 98418505 was published for opposition on May 6, 2025. An
`
`Opposition to Applicant’s Application Serial No. 98418505 must be filed by June 5, 2025.
`
`Therefore, this Notice of Opposition is being timely filed with respect to that application.
`
`12.
`
`Opposer’s Opposition against the GROWING WONDERS Marks is appropriately
`
`consolidated because the subject applications are both owned by the same party and Opposer’s
`
`claims against each of the subject applications involve similar questions of law and fact. See TBMP
`
`§ 305.01 (2022).
`
`COUNT I – LIKELIHOOD OF CONFUSION
`
`13.
`
`14.
`
`Opposer incorporates its allegations in Paragraphs 1 through 12 herein by reference.
`
`Applicant’s GROWING WONDERS Marks so closely resemble Opposer’s
`
`WONDER® and WONDERFUL® Marks as to be likely, when used on or in connection with
`
`Applicant’s Goods, to cause confusion, to cause mistake, or to deceive in violation of Section 2(d)
`
`of the Lanham Act, 15 U.S.C. § 1052(d), as amended. Applicant’s GROWING WONDERS Marks
`
`also convey the same or a highly similar commercial impression as Opposer’s WONDER® and
`
`WONDERFUL® Marks.
`
`15.
`
`Applicant’s Goods are similar and/or related to the goods used in connection with
`
`Opposer’s WONDER® and WONDERFUL® Marks. Applicant’s use and registration of
`
`Applicant’s GROWING WONDERS Marks in connection with Applicant’s Goods is therefore
`
`likely to cause confusion, deception, and/or mistake among the relevant public.
`
`16.
`
`Applicant’s use of the GROWING WONDERS Marks on Applicant’s Goods is
`
`likely to cause confusion, mistake, or deception in that the purchasing public is likely to be led to
`
`believe that Applicant’s Goods bearing the GROWING WONDERS Marks emanate from or are
`
`approved, licensed, sponsored, or authorized by Opposer or are legitimately connected with or
`
`
`
`{3516868.1} [217188]
`
`6
`
`

`

`
`
`affiliated with Opposer in some other way, or that Applicant’s products are Opposer’s products or
`
`are made with Opposer’s Goods as ingredients, or Applicant’s Goods contain or promote
`
`Opposer’s WONDER® and WONDERFUL® branded products, or that Applicant and its business
`
`are owned by or affiliated with Opposer and its business.
`
`17.
`
`If Applicant is permitted to use the GROWING WONDERS Marks on Applicant’s
`
`Goods as specified in the Applications, confusion resulting in damage and injury to Opposer would
`
`be caused and would result by reason of the similarity between Applicant’s GROWING
`
`WONDERS Marks and Opposer’s WONDER® and WONDERFUL® Marks. Furthermore, any
`
`defect, objection, or fault found with Applicant’s Goods offered under Applicant’s GROWING
`
`WONDERS Marks would necessarily injure Opposer’s reputation and the goodwill established in
`
`Opposer’s WONDER® and WONDERFUL® Marks.
`
`WHEREFORE, Opposer respectfully requests that this Opposition be sustained and that
`
`the Applications be denied registration and that such other and further relief as is deemed just and
`
`proper be granted.
`
`Please debit our Deposit Account No. 502934 for the $600 filing fee per class and for any
`
`additional necessary fees.
`
`The undersigned, Danielle M. Criona, is an active member of the bar of the highest court
`
`of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory, and holds
`
`California Bar Membership No. 204074 with an admission date of 1999. Brigid C. Mahoney, is
`
`an active member of the bar of the highest court of a U.S. state, the District of Columbia, or any
`
`U.S. Commonwealth or territory, and holds California Bar Membership No. 324171 with an
`
`admission date of 2018.
`
`
`
`{3516868.1} [217188]
`
`7
`
`

`

`
`
`Please address all correspondence to Danielle M. Criona, Esq., Assistant General Counsel,
`
`Intellectual Property, at The Wonderful Company LLC, 11444 West Olympic Boulevard, 7th
`
` Respectfully submitted,
`
` THE WONDERFUL COMPANY LLC
`
`
`/s/ Danielle M. Criona /s/
`By:
` Danielle M. Criona, Esq.
`Brigid C. Mahoney, Esq.
`THE WONDERFUL COMPANY LLC
`11444 West Olympic Blvd., 7th Floor
`Los Angeles, CA 90064
`Tel. (310) 966-8771
`Tel. (310) 923-0885
`Fax (310) 966-8810
`danielle.criona@wonderful.com
`brigid.mahoney@wonderful.com
`ipdocketing@wonderful.com
`Attorneys for Opposer
`
`Floor, Los Angeles, CA 90064.
`
`Date: May 14, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`{3516868.1} [217188]
`
`8
`
`

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