Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA805939
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`Filing date:
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`03/08/2017
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91232608
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`Party
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`Correspondence
`Address
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`Defendant
`Snoopby Co., Ltd.
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`TANJA PROEHL
`GREER, BURNS & CRAIN, LTD.
`300 S. WACKER DRIVE SUITE 2500
`CHICAGO, IL 60606
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Attachments
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`tmdocket@gbclaw.net
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`Answer
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`Brent E. Routman
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`broutman@merchantgould.com
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`/ber/
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`03/08/2017
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`Answer to Notice of Opposition in GENTLE MONSTER 86878442.pdf(100147
`bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`M&G 9983.174-US-TA
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`Opposition No. 91232608
`Serial No. 86/878,442
`Mark: GENTLE MONSTER
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`MONSTER ENERGY COMPANY
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`Opposer,
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`Applicant.
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`v.
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`SNOOPBY CO., LTD
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`APPLICANT'S ANSWER TO NOTICE OF OPPOSITION
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`The Applicant, Snoopby Co., Ltd, by and through its undersigned counsel, hereby answers the
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`Notice of Opposition as follows:
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`1.
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`Applicant admits that it seeks to register the trademark GENTLEMONSTER and that it
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`filed Serial No. 86/878,442 on January 18, 2016, for the services listed in Paragraph 1.
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`2.
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`Applicant is without sufficient knowledge or information to form a belief as to the truth
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`of the averments in Paragraph 2 of the Notice of Opposition, and therefore denies same.
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`3.
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`Applicant is without sufficient knowledge or information to form a belief as to the truth
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`of the averments in Paragraph 3 of the Notice of Opposition, and therefore denies same.
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`4.
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`Applicant is without sufficient knowledge or information to form a belief as to the truth
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`of the averments in Paragraph 4 of the Notice of Opposition, and therefore denies same.
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`5.
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`Applicant admits that the Opposer has listed Registration No. 5,114,854 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`Opposition No. 91232608
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 5 of the Notice of Opposition, and therefore denies same.
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`6.
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`Applicant admits that the Opposer has listed Registration No. 5,114,853 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 6 of the Notice of Opposition, and therefore denies same.
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`7.
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`Applicant admits that the Opposer has listed Registration No. 4,721,433 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 7 of the Notice of Opposition, and therefore denies same.
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`8.
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`Applicant admits that the Opposer has listed Registration No. 3,044,315 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 8 of the Notice of Opposition, and therefore denies same.
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`9.
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`Applicant admits that the Opposer has listed Registration No. 4,036,680 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`Opposition No. 91232608
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 9 of the Notice of Opposition, and therefore denies same.
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`10.
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`Applicant admits that the Opposer has listed Registration No. 4,036,681 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 10 of the Notice of Opposition, and therefore denies same.
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`11.
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`Applicant admits that the Opposer has listed Registration No. 3,057,061 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 11 of the Notice of Opposition, and therefore denies same.
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`12.
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`Applicant admits that the Opposer has listed Registration No. 4,129,288 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 12 of the Notice of Opposition, and therefore denies same.
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`Opposition No. 91232608
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`13.
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`Applicant admits that the Opposer has listed Registration No. 4,111,964 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 13 of the Notice of Opposition, and therefore denies same.
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`14.
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`Applicant admits that the Opposer has listed Registration No. 4,376,796 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 14 of the Notice of Opposition, and therefore denies same.
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`15.
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`Applicant admits that the Opposer has listed Registration No. 4,451,535 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 15 of the Notice of Opposition, and therefore denies same.
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`16.
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`Applicant admits that the Opposer has listed Registration No. 4,604,556 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`Opposition No. 91232608
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 16 of the Notice of Opposition, and therefore denies same.
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`17.
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`Applicant admits that the Opposer has listed Registration No. 4,634,053 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 17 of the Notice of Opposition, and therefore denies same.
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`18.
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`Applicant admits that the Opposer has listed Registration No. 4,234,456 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 18 of the Notice of Opposition, and therefore denies same.
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`19.
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`Applicant admits that the Opposer has listed Registration No. 4,716,750 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 19 of the Notice of Opposition, and therefore denies same.
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`20.
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`Applicant admits that the Opposer has listed Registration No. 3,959,457 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`Opposition No. 91232608
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 20 of the Notice of Opposition, and therefore denies same.
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`21.
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`Applicant admits that the Opposer has listed Registration No. 3.044,314 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 21 of the Notice of Opposition, and therefore denies same.
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`22.
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`Applicant admits that the Opposer has listed Registration No. 3.852,118 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 22 of the Notice of Opposition, and therefore denies same.
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`23.
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`Applicant admits that the Opposer has listed Registration No. 3,134,842 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 23 of the Notice of Opposition, and therefore denies same.
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`Opposition No. 91232608
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`24.
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`Applicant admits that the Opposer has listed Registration No. 4,534,414 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 24 of the Notice of Opposition, and therefore denies same.
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`25.
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`Applicant admits that the Opposer has listed Registration No. 4,532,292 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 25 of the Notice of Opposition, and therefore denies same.
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`26.
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`Applicant admits that the Opposer has listed Registration No. 4,860,491 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 26 of the Notice of Opposition, and therefore denies same.
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`27.
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`Applicant admits that the Opposer has listed Registration No. 4,856,373 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`Opposition No. 91232608
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 27 of the Notice of Opposition, and therefore denies same.
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`28.
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`Applicant admits that the Opposer has listed Registration No. 4,879,793 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 28 of the Notice of Opposition, and therefore denies same.
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`29.
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`Applicant admits that the Opposer has listed Registration No. 3,924,797 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 29 of the Notice of Opposition, and therefore denies same.
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`30.
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`Applicant admits that the Opposer has listed Registration No. 4,989,137 as a registration
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`upon which it intends to rely and that the exhibit provided by the Opposer related to that
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`registration appears to list the goods and/or services alleged by the Opposer and the filing and
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`registration dates alleged by the Opposer, and that the alleged filing date of the registration is
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`prior to the filing date of the Applicant’s application, but Applicant is without sufficient
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`knowledge or information to form a belief as to the truth of the remainder of the averments in
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`Paragraph 30 of the Notice of Opposition, and therefore denies same.
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`31.
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`Applicant is without sufficient knowledge or information to form a belief as to the truth
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`of the averments in Paragraph 31 of the Notice of Opposition, and therefore denies same.
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`Opposition No. 91232608
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`32.
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`Applicant is without sufficient knowledge or information to form a belief as to the truth
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`of the averments in Paragraph 32 of the Notice of Opposition, and therefore denies same.
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`33.
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`Applicant is without sufficient knowledge or information to form a belief as to the truth
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`of the averments in Paragraph 33 of the Notice of Opposition, and therefore denies same.
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`34.
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`Applicant admits the allegations contained in Paragraph 34 of the Notice of Opposition.
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`35.
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`Applicant denies the allegations contained in Paragraph 35 of the Notice of Opposition.
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`36.
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`Applicant denies the allegations contained in Paragraph 36 of the Notice of Opposition.
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`Respectfully submitted
`SNOOPBY CO., LTD
`By its Attorneys,
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`Dated: March 8, 2017
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`____/ber/_______________________
`Brent E. Routman
`MERCHANT & GOULD P.C.
`P.O. Box 2910
`Minneapolis, MN 55402-0910
`612.336.4781
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`CERTIFICATE OF SERVICE
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` hereby certify that a true copy of the foregoing APPLICANT'S ANSWER TO THE NOTICE
`OF OPPOSITION was served upon the following attorneys for Opposer, Steven J. Nataupsky,
`Lynda J. Zandra-Symes, Matthew S. Bellinger, Julianna M. Simon, and Jacob R. Rosenbaum, by
`Regular U.S. mail to the following address: Knobbe Martens Olson & Bear, LLP, 2040 Main
`Street, 14th Floor, Irvine, California, 92614 and a courtesy copy by electronic mail to
`efiling@knobbe.com this 8th day of March 2017.
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`_______/ber/_____________________
`Brent E. Routman
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