Notice of Opposition Opposers Information Applicant Information

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA948247 Filing date: 01/17/2019

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 parties oppose registration of the indicated application. Opposers Information

Name Wawa, Inc. Entity Corporation Citizenship New Jersey Address 260 West Baltimore Pike Wawa, PA 19063 UNITED STATES

Name Wild Goose Holding Co., Inc. Entity Corporation Citizenship Delaware Address 260 West Baltimore Pike Wawa, PA 19063 UNITED STATES

Attorney informa- Salvatore Guerriero tion Caesar Rivise, PC 1635 Market Street 7 Penn Center - 12th Floor Philadelphia, PA 19103-2212 UNITED STATES [email protected], [email protected] 2155672010

Applicant Information

Application No 88036187 Publication date 01/15/2019 Opposition Filing 01/17/2019 Opposition Peri- 02/14/2019 Date od Ends Applicant Hangzhou Mingjiahui Culture DevelopmentCompany 3388 Wenyanhu Road Xianghu Street Hangzhou Zhejiang, 310000 CHINA Goods/Services Affected by Opposition

Class 025. First Use: 2018/05/08 First Use In Commerce: 2018/05/08 All goods and services in the class are opposed, namely: Clothes, namely shirts, shorts, pants, dresses, skirts, clothes for infants namely shirts, shorts, pants, dresses, skirts, leotard for acrobatics and dancing, ballet tutu, ballet shoes, hats, socks, gloves, scarfs and belts being clothing Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 890189 Application Date 02/26/1969 No. Registration Date 04/28/1970 Foreign Priority NONE Date Word Mark WAWA Design Mark Description of NONE Mark Goods/Services Class U046 (International Class 029, 030). First use: First Use: 1905/00/00 First Use In Commerce: 1905/00/00 DAIRY PRODUCTS-NAMELY, FLUID MILK, BUTTERMILK, SKIM MILK, FOR- TIFIED SKIM MILK, HEAVY CREAM, LIGHT CREAM, CHOCOLATE MILK, NON-ALCOHOLIC EGG NOG, ICE CREAM, FRESH EGGS AND BUTTER; BAKERY PRODUCTS-NAMELY, BREAD AND ROLLS

U.S. Registration 1299708 Application Date 05/31/1983 No. Registration Date 10/09/1984 Foreign Priority NONE Date Word Mark WAWA Design Mark Description of NONE Mark Goods/Services Class 029. First use: First Use: 1905/00/00 First Use In Commerce: 1905/00/00 Dairy Products-Namely, [ Butter, ] Light Cream, Heavy Cream, Egg Nog, [ WhippedCream, ] Half and Half, [ Sour Cream, Cottage Cheese, ] Milk, Chocol- ate Milk, and Eggs Class 030. First use: First Use: 1905/00/00 First Use In Commerce: 1905/00/00 Iced Tea and Ice Cream Class 032. First use: First Use: 1905/00/00 First Use In Commerce: 1905/00/00 Carbonated and Non-Carbonated Non-Alcoholic Beverages-Namely, Soft Drinks, [ Tonic and Club Soda, ] Orange Juice, and Fruit Juice Drinks Containing Water Class 033. First use: First Use: 1905/00/00 First Use In Commerce: 1905/00/00 [ Non-Alcoholic Apple Cider ] Class 042. First use: First Use: 1905/00/00 First Use In Commerce: 1905/00/00 Retail Food Store Services

U.S. Registration 1309445 Application Date 08/11/1983 No. Registration Date 12/11/1984 Foreign Priority NONE Date Word Mark WAWA FOOD MARKET Design Mark

Description of NONE Mark Goods/Services Class 042. First use: First Use: 1963/00/00 First Use In Commerce: 1963/00/00 Retail Food Store Services

U.S. Registration 1761847 Application Date 03/18/1992 No. Registration Date 03/30/1993 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 042. First use: First Use: 1990/12/03 First Use In Commerce: 1990/12/03 retail convenience store services

U.S. Registration 2319303 Application Date 02/22/1999 No. Registration Date 02/15/2000 Foreign Priority NONE Date Word Mark WAWA GASOLINE Design Mark

Description of NONE Mark Goods/Services Class 004. First use: First Use: 1996/12/00 First Use In Commerce: 1996/12/00 GASOLINE

U.S. Registration 2343033 Application Date 02/22/1999 No. Registration Date 04/18/2000 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 037. First use: First Use: 1996/12/00 First Use In Commerce: 1996/12/00 MOTOR VEHICLE SERVICE STATION SERVICES

U.S. Registration 2651851 Application Date 01/03/2002 No. Registration Date 11/19/2002 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 2001/10/00 First Use In Commerce: 2001/10/00 RETAIL CONVENIENCE SERVICES

U.S. Registration 2819429 Application Date 04/22/2003 No. Registration Date 03/02/2004 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 043. First use: First Use: 1969/00/00 First Use In Commerce: 1969/00/00 FAST FOOD RESTAURANT SERVICES

U.S. Registration 3209740 Application Date 08/22/2005 No. Registration Date 02/13/2007 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 036. First use: First Use: 2005/11/16 First Use In Commerce: 2005/11/16 Credit card services

U.S. Registration 3596672 Application Date 05/03/2006 No. Registration Date 03/24/2009 Foreign Priority NONE Date Word Mark THE WAWA GOBBLER Design Mark

Description of NONE Mark Goods/Services Class 030. First use: First Use: 2008/09/29 First Use In Commerce: 2008/09/29 HOT TURKEY SANDWICHES

U.S. Registration 3706518 Application Date 07/29/2008 No. Registration Date 11/03/2009 Foreign Priority NONE Date Word Mark WAWA COFFEETOPIA Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 2008/09/08 First Use In Commerce: 2008/09/08 Retail store services featuring coffee

U.S. Registration 3722383 Application Date 07/20/2009 No. Registration Date 12/08/2009 Foreign Priority NONE Date Word Mark WAWA Design Mark Description of NONE Mark Goods/Services Class 032. First use: First Use: 2004/09/30 First Use In Commerce: 2004/09/30 Bottled water

U.S. Registration 4133020 Application Date 03/25/2011 No. Registration Date 04/24/2012 Foreign Priority NONE Date Word Mark WAWA UNIVERSITY Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2011/02/22 First Use In Commerce: 2011/02/22 educational services, namely, providinglive seminars in the field of business education and self-improvement

U.S. Registration 4141155 Application Date 03/08/2011 No. Registration Date 05/15/2012 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 018. First use: First Use: 2008/05/31 First Use In Commerce: 2008/05/31 [ Backpacks; ] Duffle bags Class 021. First use: First Use: 2008/05/31 First Use In Commerce: 2008/05/31 Cups and mugs; Portable beverage coolers Class 024. First use: First Use: 2008/05/31 First Use In Commerce: 2008/05/31 [ Baby blankets; ] Beach towels [ ; Blanket throws ] Class 025. First use: First Use: 2008/05/31 First Use In Commerce: 2008/05/31 Baseball caps and hats; Children's and infants' cloth bibs; Hooded sweatshirts;Infant and toddler one piece clothing; [ Scarves; ] Sweatpants; Sweat- shirts; T-shirts

U.S. Registration 4442772 Application Date 02/26/2013 No. Registration Date 12/03/2013 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 030. First use: First Use: 1975/01/31 First Use In Commerce: 1975/01/31 Coffee; Coffee based beverages; Coffee pods; Ground coffee beans

U.S. Registration 4475326 Application Date 07/19/2013 No. Registration Date 01/28/2014 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 036. First use: First Use: 2011/11/30 First Use In Commerce: 2011/11/30 Credit card services for vehicle fleet owners

U.S. Registration 4475327 Application Date 07/19/2013 No. Registration Date 01/28/2014 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 2008/05/31 First Use In Commerce: 2008/05/31 online retail store services featuring gift cards, coffee, clothing, hats, bagsand novelty items

U.S. Registration 4779048 Application Date 10/30/2014 No. Registration Date 07/21/2015 Foreign Priority NONE Date Word Mark WAWA REWARDS Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 2014/12/23 First Use In Commerce: 2014/12/23 providing incentive award programs through the distribution of store coupons for the purpose of promoting and rewardingloyalty

U.S. Registration 4808000 Application Date 02/02/2015 No. Registration Date 09/08/2015 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 036. First use: First Use: 1976/11/30 First Use In Commerce: 1976/11/30 Credit union services

U.S. Registration 4812308 Application Date 02/11/2015 No. Registration Date 09/15/2015 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 009. First use: First Use: 2014/12/31 First Use In Commerce: 2014/12/31 computer application software for mobile phones and portable computing devices,namely, software for providing store information, gas pricing and nutritional information and enabling customers to access and manage their incentive rewards program profile and determine nearby stores

U.S. Registration 4918112 Application Date 06/09/2015 No. Registration Date 03/15/2016 Foreign Priority NONE Date Word Mark WAWA Design Mark

Description of NONE Mark Goods/Services Class 029. First use: First Use: 1997/08/31 First Use In Commerce: 1997/08/31 Prepared and prepackaged entrees and snacks, namely, vegetable-based snack foods, fruit-based snack foods, food packagecombinations consisting primarily of cheese, meat, poultry, processed vegetables and processed fruit, vegetable-based spreads, and salads except macaroni, riceand pasta salad Class 030. First use: First Use: 1997/08/31 First Use In Commerce: 1997/08/31 Prepared and prepackaged entrees and snacks, namely, sandwiches, wrap sandwiches, and salads in the nature of macaroni,rice and pasta salad

U.S. Registration 4918228 Application Date 06/26/2015 No. Registration Date 03/15/2016 Foreign Priority NONE Date Word Mark THE WAWA FOUNDATION Design Mark

Description of NONE Mark Goods/Services Class 036. First use: First Use: 2014/04/16 First Use In Commerce: 2014/04/16 Charitable foundation services, namely,providing funding, fundraising activities, monetary donations and financial assistance for programs and services of others

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Signature /SGuerriero/ Name Salvatore Guerriero Date 01/17/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

WAWA, INC. and : WILD GOOSE HOLDING CO., INC., : : Opposers, : : vs. : OPPOSITION NO. : : SERIAL NO. 88036187 HANGZHOU MINGJIAHUI : CULTURE DEVELOPMENT COMPANY, : : Applicant. :

NOTICE OF OPPOSITION

Opposers Wawa, Inc. and Wild Goose Holding Co., Inc. believe they will be damaged by the issuance of a registration for the mark BALLET WAWA BECOMING PRINCESS as shown in Application Serial No. 88036187 filed July 13, 2018 for “Clothes, namely shirts, shorts, pants, dresses, skirts, clothes for infants namely shirts, shorts, pants, dresses, skirts, leotard for acrobatics and dancing, ballet tutu, ballet shoes, hats, socks, gloves, scarfs and belts being clothing,” in International Class 025, and therefore, oppose the same. As grounds for their opposition, Opposers, by their attorneys, allege as follows:

1. Opposer Wawa, Inc. (“Wawa”) is a New Jersey corporation having its principal place of business at 260 West Baltimore Pike, Wawa, PA 19063.

2. Opposer Wild Goose Holding Co., Inc. (“Wild Goose”) is a Delaware corporation having its principal place of business at 260 West Baltimore Pike, Wawa, PA 19063.

3. Wawa is a leading retailer in the United States, offering a wide variety of goods and services. In connection with its business, Wawa, through its predecessor in interest, has used the name and mark WAWA for more than 110 years.

4. Since long prior to the acts complained of herein, Wawa has used the name and mark WAWA in connection with dairy products and non-alcoholic beverages and in the advertising, marketing and sale of the same in interstate commerce.

5. Since long prior to the acts complained of herein, Wawa has used the name and mark WAWA in connection with retail food store services and in the advertising, marketing and sale of the same in interstate commerce.

6. Since long prior to the acts complained of herein, Wawa has used the name and mark WAWA in connection with fast food restaurant services and in the advertising, marketing and sale of the same in interstate commerce.

7. Since long prior to the acts complained of herein, Wawa has used the name and mark WAWA in connection with coffee and coffee based beverages and in the advertising, marketing and sale of the same in interstate commerce.

8. Since long prior to the acts complained of herein, Wawa has used the name and mark WAWA in connection with motor vehicle service station services and gasoline and in the advertising, marketing and sale of the same in interstate commerce.

9. Since prior to the acts complained of herein, Wawa has used the name and mark

WAWA in connection with credit card services and in the advertising, marketing and sale of the same in interstate commerce.

10. Since prior to the acts complained of herein, Wawa has used the name and mark

WAWA in connection with a variety of apparel, accessories and novelty items and in the advertising, marketing and sale of the same in interstate commerce.

11. Since prior to the acts complained of herein, Wawa has used the name and mark

WAWA in connection with online retail services and in the advertising, marketing and sale of the same in interstate commerce.

12. Since prior to the acts complained of herein, Wawa has used the name and mark

WAWA in connection with computer application software for mobile phones and portable computing devices and in the advertising, marketing and sale of the same in interstate commerce.

13. From 1905 to the present, Wawa’s advertising and sales of goods and services under the name and mark WAWA have been and are significant.

14. From 1905 to the present, Wawa has been engaged in substantially exclusive use of the name and mark WAWA.

15. Opposers’ mark WAWA is displayed prominently on all product packaging as well as on signage and displays within, on and around Wawa’s stores and service station areas,

Wawa employees’ uniforms, and on Wawa’s food and fuel transportation trucks.

16. Opposers’ mark WAWA is featured and promoted extensively in all forms of media. Wawa has used the mark WAWA in advertisements that appear in periodicals with wide circulation, on direct mail advertising, on television, radio, on the Internet and on billboards.

Wawa also has promoted the mark WAWA through its sponsorship of numerous events, charities and sports teams, and through its employees’ attendance at and participation in various national trade shows and conferences.

17. Wawa has been recognized as, among other things, one of the “Top 100” retailers in the United States and as America’s favorite convenience store.

18. In addition to Wawa’s own advertising efforts, the WAWA mark has received significant unsolicited media coverage and praise, and has been seen and heard in movies and

television shows, such as “The Goldbergs,” “The Tonight Show Starring Jimmy Fallon” and

“Saturday Night Live,” as well as periodicals such as “The New York Times,” which described

Wawa as a cult brand, and “Harvard Business Review,” where a case study featured Wawa as a strong brand with a noted and devoted following. The mark WAWA also is heralded by celebrities. Such unsolicited media coverage reaches tens, if not hundreds of millions of consumers annually.

19. Wawa has invested a substantial amount of time, effort and money in promoting the name and mark WAWA and in ensuring the high quality of goods and services provided under the name and mark WAWA.

20. Wawa’s goods and services sold under the name and mark WAWA, which are recognized to be of the highest quality, are offered for sale and sold in interstate commerce.

21. As a result of such substantial advertising and sales under the mark WAWA and the maintenance of premium quality standards relating thereto, and the substantially exclusive use of said mark by Wawa, the mark WAWA has become widely and favorably recognized by the general consuming public of the United States, as a unique and distinctive indication of the origin of the goods and services of Wawa. The mark WAWA has become unique and is identified by the general public solely with Wawa and its goods and services. The mark WAWA has become and is an extremely valuable symbol of Wawa, its reputation and goodwill.

22. Wild Goose owns the following federal trademark and service mark registrations, among others, comprising the mark WAWA:

Mark Registration Number Date of Registration Goods/Services WAWA 0890189 April 28, 1970 dairy products- namely, milk, fortified skim milk, heavy cream, light cream, chocolate milk, non- alcoholic egg nog, ice cream, fresh eggs and butter; bakery products-namely, bread and rolls. WAWA 1299708 October 9, 1984 dairy products- namely, light cream, heavy cream, egg nog, half & half, milk, chocolate milk and eggs.

iced tea and ice cream.

carbonated and non- carbonated non- alcoholic beverages- namely, soft drinks, orange juice, and fruit juice drinks containing water.

retail food store services. WAWA and design 1309445 December 11, 1984 retail food store services WAWA and design 1761847 March 30, 1993 retail convenience store services WAWA GASOLINE 2319303 February 15, 2000 gasoline WAWA 2343033 April 18, 2000 motor vehicle service station services WAWA 2651851 November 19, 2002 retail convenience services WAWA 2819429 March 2, 2004 fast food restaurant services WAWA 3209740 February 13, 2007 credit card services THE WAWA 3596672 March 24, 2009 hot turkey sandwiches GOBBLER WAWA 3706518 November 3, 2009 retail store services

Mark Registration Number Date of Registration Goods/Services COFFEETOPIA featuring coffee WAWA 3722383 December 8, 2009 water WAWA 4133020 April 24, 2012 educational services, UNIVERSITY namely, providing live seminars in the field of business education and self- improvement WAWA 4141155 May 15, 2012 backpacks; duffle bags.

cups and mugs; portable beverage coolers.

baby blankets; beach towels; blanket throws. baseball caps and hats; children's and infants' cloth bibs; hooded sweatshirts; infant and toddler one piece clothing; scarves; sweatpants; sweatshirts; t-shirts. WAWA 4442772 December 3, 2013 coffee; coffee based beverages; coffee pods; ground coffee beans WAWA 4475326 January 28, 2014 credit card services for vehicle fleet owners WAWA 4475327 online retail store January 28, 2014 services featuring gift cards, coffee, clothing, hats, bags and novelty items WAWA REWARDS 4779048 July 21, 2015 providing incentive award programs through the distribution of store coupons for the purpose of promoting and rewarding loyalty

Mark Registration Number Date of Registration Goods/Services WAWA 4808000 Sept. 8, 2015 credit union services WAWA 4812308 Sept. 15, 2015 computer application software for mobile phones and portable computing devices, namely, software for providing store information, gas pricing and nutritional information and enabling customers to access and manage their incentive rewards program profile and determine nearby stores WAWA 4918112 March 15, 2016 Prepared and prepackaged entrees and snacks, namely, vegetable-based snack foods, fruit-based snack foods, food package combinations consisting primarily of cheese, meat, poultry, processed vegetables and processed fruit, vegetable-based spreads, and salads except macaroni, rice and pasta salad, Class 29 and Prepared and prepackaged entrees and snacks, namely, sandwiches, wrap sandwiches, and salads in the nature of macaroni, rice and pasta salad, Class 30 THE WAWA 4918228 March 15, 2016 Charitable foundation FOUNDATION services, namely, providing funding, fundraising activities,

Mark Registration Number Date of Registration Goods/Services monetary donations and financial assistance for programs and services of others

23. All of the above-listed registrations are owned by Wild Goose. Wild Goose and

Wawa have entered into agreements under which Wild Goose has granted Wawa an exclusive license to use various marks owned by Wild Goose including the mark WAWA. By virtue of such agreements, Wild Goose and Wawa are related companies within the meaning of Section 5 of the Lanham Act, 15 U.S.C. § 1065. Consequently, all use of the mark WAWA by Wawa inures to the benefit of Wild Goose as a matter of law.

24. All of the above-listed registrations are valid, subsisting and in full force and effect, serve as prima facie evidence of the validity the marks shown therein and Wild Goose’s ownership thereof, and are constructive notice of ownership of the mark WAWA by Wild Goose, all as provided by Sections 7(b) and 22 of the Lanham Act, 15 U.S.C. §§ 1057(b) and 1072. As

Registration Nos. 890,189, 1,299,708, 1,309,445, 1,761,847, 2,319,303, 2,343,033, 2,651,851,

2,819,429, 3,209,740, 3,596,672, 3,706,518, 3,722,383, 4,133,020 and 4,141,155 have each achieved incontestable status under Section 15 of the Lanham Act, 15 U.S.C. § 1065, said registrations are conclusive evidence of Opposers’ exclusive right to use the mark WAWA in commerce. True and correct copies of the above-listed registrations, along with current printouts from the United States Patent and Trademark Office’s Trademark Status and Document Retrieval

(TSDR) electronic database showing the current status and title of said registrations are annexed hereto as Exhibit A, and are made a part hereof.

25. By virtue of the use and promotion of the mark WAWA for more than 110 years, the extensive use of the name and mark WAWA and the sale and promotion of WAWA goods

and services, WAWA has come to be recognized as identifying goods and services finding their origin exclusively in or otherwise uniquely associated with Wawa, is distinctive of Wawa’s goods and services, and has come to represent the enormous goodwill of Wawa.

26. Wawa’s exclusive and extensive use of the mark and name WAWA, the unsolicited media coverage concerning Wawa and referencing the name WAWA, and Wawa’s sales and promotion of goods and services under the name and mark WAWA, have made the mark WAWA famous and distinctive.

27. Indeed, the Court in Wawa, Inc. v. Haaf, 40 USPQ2d 1629, 1631 (E.D. Pa. 1996), aff’d, 116 F.3d 471 (3d Cir. 1997) held that, under the Federal Trademark Dilution Act, 15

U.S.C. § 1125(c) (1995), “without question [the mark WAWA] is famous and is entitled to the protection of the federal statute.” Since this decision in 1996, Wawa has continued to expend substantial sums of money in promoting and advertising its products and services, has had substantial sales under its mark WAWA, and has continued to develop in a program of continuous growth and expansion – all of which have reinforced WAWA’s fame and distinctiveness.

28. By virtue of their registrations for and use of WAWA as a name and mark,

Opposers have standing to bring this Opposition.

29. Upon information and belief, Applicant, Hangzhou Mingjiahui Culture

Development Company, is a Chinese limited liability company having an address at 3388

Wenyanhu Road Xianghu Street Hangzhou Zhejiang CHINA 310000.

30. Notwithstanding Opposers’ well-known and prior exclusive rights in the mark

WAWA, Applicant, on July 13, 2018, filed trademark Application Serial No. 88036187 for the mark BALLET WAWA BECOMING PRINCESS for “Clothes, namely shirts, shorts, pants,

dresses, skirts, clothes for infants namely shirts, shorts, pants, dresses, skirts, leotard for acrobatics and dancing, ballet tutu, ballet shoes, hats, socks, gloves, scarfs and belts being clothing” in International Class 014, alleging a date of first use of May 8, 2018.

31. There is no issue as to priority. Applicant’s filing date and alleged date of first use are long after Wawa began using WAWA as a name and mark, long after the mark WAWA had been registered, and long after the name and mark WAWA had acquired widespread recognition and fame.

32. Upon information and belief, Applicant was on actual notice of Opposers’ prior rights in the name and mark WAWA before adopting and seeking to register the confusingly similar mark BALLET WAWA BECOMING PRINCESS. As a matter of law, based on

Opposers’ federal trademark registrations for the mark WAWA, Applicant was deemed to be on constructive notice of Opposers’ rights in the mark WAWA.

33. There never has been any relationship between Applicant and Opposers, and

Opposers have never authorized or consented to Applicant’s use or application to register a mark containing Opposers’ registered mark WAWA.

34. Both marks possess the identical distinctive term WAWA as an integral component of the respective marks, making confusion highly likely.

35. The goods identified in Application Serial No. 88036187 are highly related, if not identical, to Opposers’ goods – and in particular, those set forth in Registration Nos. 4141155 and 4475327 – and are not restricted as to types of customers or channels of trade. Accordingly, consumers would likely assume that – if rendered under the same or similar marks – Opposers’ goods and Applicant’s goods likewise share a common source or are in some way connected or related.

36. Applicant’s application and presumption of exclusivity that would come from a registration to Applicant of the mark sought to be registered is inconsistent with the prior rights of Opposers in the mark WAWA and Opposers’ rights flowing from their trademark registrations.

COUNT I – 15 U.S.C. § 1052(d) – LIKELIHOOD OF CONFUSION

37. Opposers incorporate ¶¶ (1) through (36) of this Notice as a part of this count.

38. Applicant’s mark BALLET WAWA BECOMING PRINCESS so resembles

Opposers’ mark WAWA in terms of appearance, sound and commercial impression as to be likely, when applied to Applicant’s goods, to cause confusion and mistake and to deceive.

39. The mark proposed for registration by Applicant, BALLET WAWA BECOMING

PRINCESS, is likely to cause confusion, mistake or to deceive as to the source of origin of

Applicant’s goods, contrary to 15 U.S.C. § 1052(d), by causing the consuming public to believe, contrary to fact, that Applicant’s goods bearing the mark BALLET WAWA BECOMING

PRINCESS are sponsored, licensed and/or otherwise approved by, or are in some way connected or affiliated with Opposers.

40. Applicant’s use and registration of the mark BALLET WAWA BECOMING

PRINCESS is likely to cause confusion in the minds of consumers or to cause mistake or to deceive, or otherwise injure, diminish or detract from the prior rights firmly established by

Opposers in and to the mark WAWA.

41. If Applicant is permitted to use and register the mark BALLET WAWA

BECOMING PRINCESS for the goods specified in the application herein opposed, confusion in trade resulting in damage and injury to Opposers would be caused and would result by reason of

the similarity between the Applicant’s mark BALLET WAWA BECOMING PRINCESS and

Opposers’ mark WAWA.

COUNT II – 15 U.S.C. § 1052 – DILUTION

42. Opposers incorporate ¶¶ (1) through (41) of this Notice as a part of this count.

43. Opposers’ mark WAWA is famous and well-known throughout the United States, having been used, advertised and publicized extensively for more than 110 years. The mark

WAWA is inherently distinctive, has become associated exclusively with Opposers by reason of their extensive advertising and use on and in connection with a wide variety of goods and services, is the subject of numerous federal trademark registrations, is widely recognized by the consuming public as a unique designation of source of Opposers’ goods and services and has been held to be famous.

44. Applicant’s filing date is long after Opposers’ mark became famous.

45. By virtue of the facts that Applicant’s applied-for mark is confusingly similar to

Opposers’ famous, registered and long used WAWA mark, registration of the mark BALLET

WAWA BECOMING PRINCESS to Applicant inevitably will call to mind Wawa and would therefore dilute and/or would likely dilute Opposers’ mark WAWA by impairing the distinctive quality of Opposers’ mark WAWA to uniquely identify Wawa’s goods and services.

Accordingly registration of the mark shown in the application herein opposed violates Section

2(f) of the Lanham Act, 15 U.S.C. § 1052(f)

46. By reason of the foregoing, Opposers will be damaged by the registration of the mark BALLET WAWA BECOMING PRINCESS to Applicant.

WHEREFORE, Opposers Wawa, Inc. and Wild Goose Holding Co., Inc. pray that this

Notice of Opposition be sustained in favor of Opposers, that Application Serial No. 88036187,

herein opposed, be refused registration, and for such other and further relief as may be deemed to be just and proper.

Respectfully submitted,

CAESAR RIVISE, PC.

Dated: January 17, 2019 By /s/ Salvatore Guerriero Salvatore Guerriero 1635 Market Street Seven Penn Center – 12th Floor Philadelphia, PA 19103

Attorneys for Opposers Wawa, Inc. and Wild Goose Holding Co., Inc.

CERTIFICATE OF ELECTRONIC FILING

The undersigned hereby certifies that the within NOTICE OF OPPOSITION regarding Application Serial No. 88036187 is being filed electronically with the Trademark Trial and Appeal Board, via the Electronic System for Trademark Trials and Appeals (ESTTA) on January 17, 2019.

/s/ SGuerriero Salvatore Guerriero