Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA929681
`10/19/2018
`
`Filing date:
`
`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
`Granted to Date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Monster Energy Company
`10/20/2018
`
`1 Monster Way
`Corona, CA 92879
`UNITED STATES
`
`Vicki Y. Nee
`Knobbe, Martens, Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`UNITED STATES
`efiling@knobbe.com, MEC.TTAB@knobbe.com
`949-760-0404
`
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International Re-
`gistration No.
`Applicant
`
`79224844
`10/19/2018
`
`1384385
`
`Maurten AB
`Arvid Wallgrens backe 20
`SE-413 46 Göteborg
`SWEDEN
`
`Publication date
`Opposition Peri-
`od Ends
`International Re-
`gistration Date
`
`08/21/2018
`10/20/2018
`
`03/13/2017
`
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Carbonic hydrates, sugar, syrup, and gels
`with carbonic hydrates all for use asfood supplements; all of the aforementioned goods exclusively
`for use in connection with the exercise of sports and athletics
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Athletic clothing, namely, jackets, t-shirts,
`and pants, leggings, shorts, sweaters, body linen in the nature of tank tops, socks; footwear;
`headgear, namely, caps being headwear, hats, sun visors being headwear, headbands, head
`scarves, and swimming caps; clothing, namely, jackets, t-shirts, pants, leggings, shorts, sweaters,
`body linen in the nature of tank tops, socks for use when exercising sports and athletics; headgear,
`namely, caps being headwear, hats, sun visors being headwear, headbands, head scarves, and
`swimming caps for use when exercising sports and athletics
`
`
`ESTTA Tracking number:
`ESTTA929681
`10/19/2018
`
`Filing date:
`
`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
`Granted to Date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Monster Energy Company
`10/20/2018
`
`1 Monster Way
`Corona, CA 92879
`UNITED STATES
`
`Vicki Y. Nee
`Knobbe, Martens, Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`UNITED STATES
`efiling@knobbe.com, MEC.TTAB@knobbe.com
`949-760-0404
`
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International Re-
`gistration No.
`Applicant
`
`79224844
`10/19/2018
`
`1384385
`
`Maurten AB
`Arvid Wallgrens backe 20
`SE-413 46 Göteborg
`SWEDEN
`
`Publication date
`Opposition Peri-
`od Ends
`International Re-
`gistration Date
`
`08/21/2018
`10/20/2018
`
`03/13/2017
`
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Carbonic hydrates, sugar, syrup, and gels
`with carbonic hydrates all for use asfood supplements; all of the aforementioned goods exclusively
`for use in connection with the exercise of sports and athletics
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Athletic clothing, namely, jackets, t-shirts,
`and pants, leggings, shorts, sweaters, body linen in the nature of tank tops, socks; footwear;
`headgear, namely, caps being headwear, hats, sun visors being headwear, headbands, head
`scarves, and swimming caps; clothing, namely, jackets, t-shirts, pants, leggings, shorts, sweaters,
`body linen in the nature of tank tops, socks for use when exercising sports and athletics; headgear,
`namely, caps being headwear, hats, sun visors being headwear, headbands, head scarves, and
`swimming caps for use when exercising sports and athletics
`
`
`
`Class 032. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Sports drinks, mineral and aerated water;
`non-alcoholic beverages, namely, energy drinks, carbohydrate sports drinks; fruit beverages and fruit
`juices; syrups and other concentrates for making beverages, preparations, powders and concentrates
`for making sports drink and energy drink beverages; all of the aforementioned goods exclusively for
`use in connection with the exercise of sports and athletics
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Other
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3434821
`
`05/27/2008
`
`Word Mark
`Design Mark
`
`M
`
`Application Date
`
`09/07/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the letter "m" in the form of a claw.
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements
`
`U.S. Registration
`No.
`Registration Date
`
`4051650
`
`11/08/2011
`
`Word Mark
`
`M
`
`Application Date
`
`07/28/2010
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter M in the form of a claw.
`
`Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat
`shirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely
`hats and beanies
`
`U.S. Registration
`No.
`Registration Date
`
`2903214
`
`11/16/2004
`
`Word Mark
`Design Mark
`
`M
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Drinks, namely, carbonated soft drinks,carbonated drinks enhanced with vitam-
`ins, minerals, nutrients, amino acids and/or herbs, carbonated and non-
`carbonated energy or sports drinks, fruit juice drinks having a juice content of
`50% or less by volume that are shelf stable, [ andwater; ]*but excluding perish-
`able beverage products that contain fruit juice orsoy, whether such products are
`pasteurized or not.*
`
`U.S. Registration
`No.
`Registration Date
`
`3908601
`
`01/18/2011
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat
`shirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely,
`hats and beanies
`
`U.S. Registration
`No.
`Registration Date
`
`3434822
`
`05/27/2008
`
`Word Mark
`
`M
`
`Application Date
`
`09/07/2007
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the letter "m" in the form of a claw.
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. Registration
`No.
`Registration Date
`
`3134841
`
`08/29/2006
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`
`
`Goods/Services
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced
`withvitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and
`non-carbonated ] energy and sports drinks, fruit juice drinks having a juice con-
`tent of 50% or less by volume that are shelf stable, [ and aerated water, soda
`water and seltzer water, ] but excluding perishable beverage products that con-
`tain fruit juice or soy, whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4625118
`
`10/21/2014
`
`Word Mark
`Design Mark
`
`M
`
`Application Date
`
`06/04/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the letter "M" in the form of a claw.
`
`Class 029. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee en-
`ergy shakes; chocolate energy shakes
`Class 030. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Ready to drink tea and tea based beverages; ready to drink flavored tea, tea
`based beverages; ready to drink coffee andcoffee based beverages; ready to
`drink flavored coffee and coffee based beverages; ready to drink chocolate-
`based beverages
`
`U.S. Registration
`No.
`Registration Date
`
`4865702
`
`12/08/2015
`
`Word Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`02/02/2015
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in green
`above the stylized word "MONSTER" which appears in the color white, which is
`above the word "ENERGY" which appears in the color green, all on a black
`background.
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`U.S. Registration
`No.
`Registration Date
`
`5022676
`
`08/16/2016
`
`Word Mark
`
`M
`
`Application Date
`
`05/28/2014
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a green letter "M"in the form of a claw.
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`U.S. Registration
`No.
`Registration Date
`
`4721432
`
`04/14/2015
`
`Word Mark
`
`M
`
`Application Date
`
`03/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the letter "M" in the form of a claw.
`
`Class 035. First use: First Use: 2003/01/04 First Use In Commerce: 2003/01/04
`Promoting goods and services in the sports, motorsports, electronic sports,
`andmusic industries through the distribution of printed, audio and visual promo-
`tional materials; promoting sports and music events and competitions for others
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3740050
`
`01/19/2010
`
`M IMPORT
`
`Application Date
`
`08/07/2009
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a Phoenix with a shield over its chest bearing a stylized let-
`ter "M" with the word "IMPORT" written between two five-pointed stars on a rib-
`bon below the shield.
`Class 005. First use: First Use: 2009/05/14 First Use In Commerce: 2009/05/14
`Nutritional supplements
`Class 032. First use: First Use: 2009/05/14 First Use In Commerce: 2009/05/14
`Beverages, namely, carbonated soft drinks, carbonated drinks enhanced with
`vitamins, minerals, nutrients, amino acids and/or herbs, carbonated and non-
`carbonated energy or sports drinks
`
`U.S. Registration
`No.
`Registration Date
`
`3914828
`
`02/01/2011
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`Class 009. First use: First Use: 2006/01/00 First Use In Commerce: 2006/01/00
`Sports helmets
`
`U.S. Registration
`No.
`Registration Date
`
`4011301
`
`08/16/2011
`
`Word Mark
`
`M
`
`Application Date
`
`07/27/2010
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Class 009. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30
`sports helmets; video recordings featuring sports, extreme sports, and motor
`sports
`
`U.S. Registration
`No.
`Registration Date
`
`4332062
`
`05/07/2013
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`10/05/2012
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" to the left of the stylized words "MON-
`STER ENERGY".
`Class 014. First use: First Use: 2006/12/00 First Use In Commerce: 2006/12/00
`Silicone wrist bands; Silicone bracelets; Jewelry, namely, bracelets and wrist-
`bands
`
`U.S. Registration
`No.
`Registration Date
`
`4822675
`
`09/29/2015
`
`Word Mark
`Design Mark
`
`M
`
`Application Date
`
`08/26/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Class 022. First use: First Use: 2006/12/20 First Use In Commerce: 2006/12/20
`Lanyards; Lanyards for holding whistles, keys, eyeglasses, sunglasses, mobile
`telephones, badges, identification cards,event passes, media passes, photo-
`graphs, recording equipment, or similar conveniences
`
`U.S. Registration
`No.
`Registration Date
`
`4660598
`
`12/23/2014
`
`Word Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`08/26/2013
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw to the left ofthe
`stylized words "MONSTER ENERGY". The word "MONSTER" appears above
`the word "ENERGY" and features a slash mark through the letter "O".
`Class 022. First use: First Use: 2006/12/20 First Use In Commerce: 2006/12/20
`Lanyards; Lanyards for holding whistles, keys, eyeglasses, sunglasses, mobile
`telephones, badges, identification cards,event passes, media passes, photo-
`graphs, recording equipment, or similar conveniences
`
`U.S. Registration
`No.
`Registration Date
`
`3923683
`
`02/22/2011
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`Class 018. First use: First Use: 2004/05/00 First Use In Commerce: 2004/05/00
`All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle bags
`
`
`
`U.S. Registration
`No.
`Registration Date
`
`3963669
`
`05/17/2011
`
`Word Mark
`Design Mark
`
`M
`
`Application Date
`
`07/28/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Class 018. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30
`All purpose sport bags; all-purpose carrying bags; backpacks; duffel bags
`
`U.S. Registration
`No.
`Registration Date
`
`3963668
`
`05/17/2011
`
`Word Mark
`
`M
`
`Application Date
`
`07/28/2010
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Class 016. First use: First Use: 2004/01/00 First Use In Commerce: 2004/01/00
`Stickers; sticker kits comprising stickers and decals; decals; posters
`
`U.S. Registration
`No.
`Registration Date
`
`3908600
`
`01/18/2011
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`
`
`
`Mark
`Goods/Services
`
`ERGY".
`Class 016. First use: First Use: 2004/01/00 First Use In Commerce: 2004/01/00
`Stickers; sticker kits comprising stickers and decals; decals
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`5413560
`
`02/27/2018
`
`M HYDRO
`
`Application Date
`
`05/20/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a 3D drawing of a stylized letter "M" in the form of a claw
`with the word "HYDRO" on the right side.
`Class 032. First use: First Use: 2017/03/01 First Use In Commerce: 2017/03/01
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`Attachments
`
`77274643#TMSN.png( bytes )
`85094362#TMSN.png( bytes )
`78246564#TMSN.png( bytes )
`77705822#TMSN.png( bytes )
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`78246567#TMSN.png( bytes )
`86300585#TMSN.png( bytes )
`86521176#TMSN.png( bytes )
`86979712#TMSN.png( bytes )
`86219319#TMSN.png( bytes )
`77800060#TMSN.png( bytes )
`77705362#TMSN.png( bytes )
`85094340#TMSN.png( bytes )
`85747244#TMSN.png( bytes )
`86048362#TMSN.png( bytes )
`86048359#TMSN.png( bytes )
`
`
`
`77705810#TMSN.png( bytes )
`85094364#TMSN.png( bytes )
`85094343#TMSN.png( bytes )
`77705747#TMSN.png( bytes )
`87045265#TMSN.png( bytes )
`2018-10-19 NOTICE OF OPPOSITION - SER NO 79224844 - HAN-
`BEV.7376M.pdf(301467 bytes )
`Ex 1 Reg No 3434821 - HANBEV.7376M.pdf(867247 bytes )
`Ex 2 Reg No 4051650 - HANBEV.7376M.pdf(1432514 bytes )
`Ex 3 Reg No 2903214 - HANBEV.7376M.pdf(1226189 bytes )
`Ex 4 Reg No 3908601 - HANBEV.7376M.pdf(1350724 bytes )
`Ex 5 Reg No 3434822 - HANBEV.7376M.pdf(858838 bytes )
`Ex 6 Reg No 3134841 - HANBEV.7376M.pdf(863177 bytes )
`Ex 7 Reg No 4625118 - HANBEV.7376M.pdf(1545802 bytes )
`Ex 8 Reg No 4865702 - HANBEV.7376M.pdf(1696977 bytes )
`Ex 9 Reg No 5022676 - HANBEV.7376M.pdf(916530 bytes )
`Ex 10 Reg No 4721432 - HANBEV.7376M.pdf(1481517 bytes )
`Ex 11 Reg No 3740050 - HANBEV.7376M.pdf(1470562 bytes )
`Ex 12 Reg No 3914828 - HANBEV.7376M.pdf(1306735 bytes )
`Ex 13 Reg No 4011301 - HANBEV.7376M.pdf(1400923 bytes )
`Ex 14 Reg No 4332062 - HANBEV.7376M.pdf(1406220 bytes )
`Ex 15 Reg No 4822675 - HANBEV.7376M.pdf(1477678 bytes )
`Ex 16 Reg No 4660598 - HANBEV.7376M.pdf(1547387 bytes )
`Ex 17 Reg No 3923683 - HANBEV.7376M.pdf(1324484 bytes )
`Ex 18 Reg No 3963669 - HANBEV.7376M.pdf(1270492 bytes )
`Ex 19 Reg No 3963668 - HANBEV.7376M.pdf(1270268 bytes )
`Ex 20 Reg No 3908600 - HANBEV.7376M.pdf(1322737 bytes )
`Ex 21 Reg No 5413560 - HANBEV.7376M.pdf(886945 bytes )
`
`Signature
`Name
`Date
`
`/Vicki Y. Nee/
`Vicki Y. Nee
`10/19/2018
`
`
`
`HANBEV.7376M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer,
`
`
`
`v.
`
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`MAURTEN AB,
`
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 79/224844
`
`Mark:
`
`))))))))))
`
`))))
`
`
`)
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Dear Sir:
`
`
`
`Monster Energy Company, a Delaware corporation, located and doing business at 1
`
`Monster Way, Corona, California 92879, (“Opposer”) believes that it will be damaged by the
`
`registration of U.S. Trademark Application Serial No. 79/224844 (“Application”) for the mark
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` (“Applicant’s Mark”) filed by Maurten AB (“Applicant”) and therefore opposes the
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`same.
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`As grounds for opposition, it is alleged:
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`1.
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`By the Application filed on March 13, 2017, Applicant seeks to obtain registration
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`on the Principal Register of the trademark
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` for “Carbonic hydrates, sugar, syrup, and
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`gels with carbonic hydrates all for use as food supplements; all of the aforementioned goods
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`exclusively for use in connection with the exercise of sports and athletics” in International Class
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`5, “Athletic clothing, namely, jackets, t-shirts, and pants, leggings, shorts, sweaters, body linen in
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`the nature of tank tops, socks; footwear; headgear, namely, caps being headwear, hats, sun visors
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`being headwear, headbands, head scarves, and swimming caps; clothing, namely, jackets, t-
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`shirts, pants, leggings, shorts, sweaters, body linen in the nature of tank tops, socks for use when
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`exercising sports and athletics; headgear, namely, caps being headwear, hats, sun visors being
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`headwear, headbands, head scarves, and swimming caps for use when exercising sports and
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`athletics” in International Class 25, and “Sports drinks, mineral and aerated water; non-alcoholic
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`beverages, namely, energy drinks, carbohydrate sports drinks; fruit beverages and fruit juices;
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`syrups and other concentrates for making beverages, preparations, powders and concentrates for
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`making sports drink and energy drink beverages; all of the aforementioned goods exclusively for
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`use in connection with the exercise of sports and athletics” in International Class 32 based on
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`Section 66(a) of the Madrid Protocol.
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`2.
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`Since at least 2002, long before the filing date of the Application, Opposer has
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`been, and still is, engaged in the development, licensing, marketing, and/or sale of beverages,
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`nutritional supplements, clothing, hats, bags, helmets, gloves, sports equipment, stickers,
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`lanyards, accessories, and other products and services bearing Opposer’s
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`® mark and related
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`marks, including, for example, the following:
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`®,
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`®,
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`®,
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`®,
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`®, and
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`®.
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`3.
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`Opposer has and continues to widely market and promote its
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`® mark and
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`related marks in the industry and to consumers by, for example, displaying the marks extensively
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`on billions of cans of beverages, including energy drinks and fruit-based drinks; nutritional
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`supplements; on apparel, merchandise, product samplings, promotional materials, and point of
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`sale materials;
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`in magazines and publications; on
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`the monsterenergy.com website,
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`monsterarmy.com website, and other Internet websites, and social media sites; and at trade
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`shows, concert tours, and other live events. In addition, Opposer promotes
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`® mark and
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`related marks through, for example, the sponsorship of music festivals, athletes, teams, and
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`sports events, many of which are televised nationwide and internationally.
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`4.
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`Opposer has also used and continues to use its famous
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`® mark extensively in
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`connection with clothing, clothing accessories, pins, stickers and decals, bags, sporting equipment,
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`headgear, helmets, wristbands, as well as many other goods and services, since well before the filing
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`date of the Application. Examples of some of Opposer’s apparel and accessories are shown here:
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`5.
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`Opposer’s famous
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`® mark forms a global brand that has appeared on billions of
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`products and in extensive nationwide promotions. As a result of Opposer’s continuous and
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`substantial use, Opposer has built up, at great expense and effort, valuable goodwill in its
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`®
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`mark and related marks, and has developed strong common law rights in the marks. Opposer
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`relies on its common law rights in its
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`® mark and related marks, which rights predate the
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`filing date of the Application.
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`6.
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`In addition to Opposer’s common law rights, Opposer owns and relies on
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`incontestable U.S. Trademark Registration No. 3,434,821 (the “’821 Registration”) for the mark
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`® for “nutritional supplements” in International Class 5, which registration issued May 27,
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`2008 and is based on an application filed in the United States Patent and Trademark Office
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`(“PTO”) on September 7, 2007. The filing date of Opposer’s ’821 Registration is prior to the filing
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`date of the Application. True and correct copies of the specifics of the ’821 Registration obtained
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`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 1 and made of
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`record.
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`7.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,051,650 (the “’650
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`Registration”) for the mark
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`® for “clothing, namely, t-shirts, hooded shirts and hooded
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`sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves; headgear, namely
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`hats and beanies” in International Class 25, which registration issued November 8, 2011 and is
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`based on an application filed in the PTO on July 28, 2010. The filing date of Opposer’s ’650
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`Registration is prior to the filing date of the Application. True and correct copies of the specifics
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`of the ’650 Registration obtained from the PTO’s TESS and Assignment databases are attached
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`hereto as Exhibit 2 and made of record.
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`8.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`2,903,214 (the “’214 Registration”) for the mark
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`® for “drinks, namely, carbonated soft
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`drinks, carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs,
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`carbonated and non-carbonated energy or sports drinks, fruit juice drinks having a juice content
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`of 50% or less by volume that are shelf stable, but excluding perishable beverage products that
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`contain fruit juice or soy, whether such products are pasteurized or not” in International Class 32,
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`which registration issued November 16, 2004 and is based on an application filed in the PTO on
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`May 7, 2003. The filing date of Opposer’s ’214 Registration is prior to the filing date of the
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`Application. True and correct copies of the specifics of the ’214 Registration obtained from the
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`PTO’s TESS and Assignment databases are attached hereto as Exhibit 3 and made of record.
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`9.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,908,601 (the “’601 Registration”) for the mark
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`® for “clothing, namely, t-shirts, hooded
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`shirts and hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves;
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`headgear, namely, hats and beanies” in International Class 25, which registration issued January
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`18, 2011 and is based on an application filed in the PTO on April 2, 2009. The filing date of
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`Opposer’s ’601 Registration is prior to the filing date of the Application. True and correct
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`copies of the specifics of the ’601 Registration obtained from the PTO’s TESS and Assignment
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`databases are attached hereto as Exhibit 4 and made of record.
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`10.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,434,822 (the “’822 Registration”) for the mark
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`® for “non-alcoholic beverages, namely,
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`energy drinks, excluding perishable beverage products that contain fruit juice or soy” in
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`International Class 32, which registration issued May 27, 2008 and is based on an application filed
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`in the PTO on September 7, 2007. The filing date of Opposer’s ’822 Registration is prior to the
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`filing date of the Application. True and correct copies of the specifics of the ’822 Registration
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`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 5 and
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`made of record.
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`11.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,134,841 (the “’841 Registration”) for the mark
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`® for “beverages, namely, carbonated
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`soft drinks, carbonated soft drinks enhanced with vitamins, minerals, nutrients, amino acids
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`and/or herbs, carbonated energy and sports drinks, fruit juice drinks having a juice content of
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`50% or less by volume that are shelf stable, but excluding perishable beverage products that
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`contain fruit juice or soy, whether such products are pasteurized or not” in International Class
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`32, which registration issued August 29, 2006 and is based on an application filed in the PTO on
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`May 7, 2003. The filing date of Opposer’s ’841 Registration is prior to the filing date of the
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`Application. True and correct copies of the specifics of the ’841 Registration obtained from the
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`PTO’s TESS and Assignment databases are attached hereto as Exhibit 6 and made of record.
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`12.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,625,118 (the
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`“’118 Registration”) for the mark
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`® for “dairy-based beverages; dairy-based energy shakes;
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`energy shakes; coffee energy shakes; chocolate energy shakes” in International Class 29 and
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`- 7 -
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`“ready to drink tea and tea based beverages; ready to drink flavored tea, tea based beverages;
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`ready to drink coffee and coffee based beverages; ready to drink flavored coffee and coffee
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`based beverages; ready to drink chocolate-based beverages” in International Class 30, which
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`registration issued October 21, 2014 and is based on an application filed in the PTO on June 4,
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`2014. The filing date of Opposer’s ’118 Registration is prior to the filing date of the Application.
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`True and correct copies of the specifics of the ’118 Registration obtained from the PTO’s TESS
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`and Assignment databases are attached hereto as Exhibit 7 and made of record.
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`13.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,865,702 (the
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`“’702 Registration”) for the mark
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`® for “nutritional supplements in liquid form” in
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`International Class 5 and “non-alcoholic beverages, namely, carbonated soft drinks; carbonated
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`drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
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`carbonated energy drinks and sports drinks” in International Class 32, which registration issued
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`December 8, 2015 and is based on an application filed in the PTO on February 2, 2015. The
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`filing date of Opposer’s ’702 Registration is prior to the filing date of the Application. True and
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`correct copies of the specifics of the ’702 Registration obtained from the PTO’s TESS and
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`Assignment databases are attached hereto as Exhibit 8 and made of record.
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`14.
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`Opposer owns and relies on U.S. Trademark Registration No. 5,022,676 (the
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`“’676 Registration”) for the mark
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`® for “nutritional supplements in liquid form” in
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`International Class 5 and “non-alcoholic beverages, namely, carbonated soft drinks; carbonated
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`drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
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`carbonated energy drinks and sports drinks” in International Class 32, which registration issued
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`- 8 -
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`August 16, 2016 and is based on an application filed in the PTO on May 28, 2014. The filing
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`date of Opposer’s ‘676 Registration is prior to the filing date of the Application. True and correct
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`copies of the specifics of the ‘676 Registration obtained from the PTO’s TESS and Assignment
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`databases are attached hereto as Exhibit 9 and made of record.
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`15.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,721,432 (the “’432
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`Registration”) for the mark
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`® for “promoting goods and services in the sports, motorsports,
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`electronic sports, and music industries through the distribution of printed, audio and visual
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`promotional materials; promoting sports and music events and competitions for others” in
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`International Class 35 which registration issued April 14, 2015 and is based on an application filed
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`in the PTO on March 12, 2014. The filing date of Opposer’s ’432 Registration is prior to the filing
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`date of the Application. True and correct copies of the specifics of the ’432 Registration obtained
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`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 10 and made of
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`record.
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`16.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,740,050 (the “’050 Registration”) for the mark
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`® for “nutritional supplements” in
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`International Class 5 and “beverages, namely, carbonated soft drinks, carbonated drinks
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`enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, carbonated and non-
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`carbonated energy or sports drinks” in International Class 32 which registration issued January
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`19, 2010 and is based on an application filed in the PTO on August 7, 2009. The filing date of
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`Opposer’s ’050 Registration is prior to the filing date of the Application. True and correct
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`- 9 -
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`copies of the specifics of the ’050 Registration obtained from the PTO’s TESS and Assignment
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`databases are attached hereto as Exhibit 11 and made of record.
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`17.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,914,828 (the “’828 Registration”) for the mark
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`® for “sports helmets” in International
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`Class 9, which registration issued February 1, 2011 is based on an application filed in the PTO
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`on April 2, 2009. The filing date of Opposer’s ’828 Registration is prior to the filing date of the
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`Application. True and correct copies of the specifics of the ’828 Registration obtained from the
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`PTO’s TESS and Assignment databases are attached hereto as Exhibit 12 and made of record.
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`18.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,011,301 (the
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`“’301 Registration”) for the mark
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`® for “sports helmets; video recordings featuring sports,
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`extreme sports, and motor sports” in International Class 9, which registration issued August 16,
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`2011 and is based on an application filed in the PTO on July 27, 2010. The filing date of
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`Opposer’s ’301 Registration is prior to the filing date of the Application. True and correct
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`copies of the specifics of the ’301 Registration obtained from the PTO’s TESS and Assignment
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`databases are attached hereto as Exhibit 13 and made of record.
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`19.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,332,062 (the “’062
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`Registration”) for the mark
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`® for “silicone wrist bands; silicone bracelets; jewelry,
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`namely, bracelets and wristbands” in International Class 14, which registration issued May 7, 2013
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`and is based on an application filed in the PTO on October 5, 2012. The filing date of Opposer’s
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`’062 Registration is prior to the filing date of the Application. True and correct copies of the
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`- 10 -
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`specifics of the ’062 Registration obtained from the PTO’s TESS and Assignment databases are
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`attached hereto as Exhibit 14 and made of record.
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`20.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,822,675 (the
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`“’675 Registration”) for the mark
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`® for “lanyards; lanyards for holding whistles, keys,
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`eyeglasses, sunglasses, mobile telephones, badges, identification cards, event passes, media
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`passes, photographs, recording equipment, or similar conveniences” in International Class 22
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`which registration issued September 29, 2015 and is based on an application filed in the PTO on
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`August 26, 2013. The filing date of Opposer’s ’675 Registration is prior to the filing date of the
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`Application. True and correct copies of the specifics of the ’675 Registration obtained from the
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`PTO’s TESS and Assignment databases are attached hereto as Exhibit 15 and made of record.
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`21.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,660,598 (the
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`“’598 Registration”) for the mark
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`® for “lanyards; lanyards for holding whistles,
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`keys, eyeglasses, sunglasses, mobile telephones, badges, identification cards, event passes,
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`media passes, photographs, recording equipment, or similar conveniences” in International Class
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`22 which registration issued December 23, 2014 and is based on an a
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