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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1009346
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`Filing date:
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`10/16/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91250707
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Efferding, Stanley R
`
`DANIEL HOPKINSON
`KUNZLER BEAN & ADAMSON
`50 W. BROADWAY, 10TH FLOOR
`SALT LAKE CITY, UT 84101
`docket@kunzlerlaw.com, dhopkinson@kunzlerlaw.com
`no phone number provided
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Daniel Hopkinson
`
`dhopkinson@kba.law
`
`/Daniel Hopkinson/
`
`10/16/2019
`
`Attachments
`
`87863812 Answer to opposition.pdf(77277 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Monster Energy Company,
`
`Opposer,
`
`vs.
`
`
`
`Excelev8 LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition No. 91250707
`
`Serial No. 87863812
`Mark: The Monster Mash
`
` )
`)
` )
`)
` )
`)
` )
`)
` )
`
`
`Applicant.
`____________________________________)
`
`
`
`
`ANSWER
`
`Excelev8 LLC (“APPLICANT”), hereby responds as follows to the Notice of Opposition
`
`filed by Monster Energy Company (“OPPOSER”) concerning registration of APPLICANT’s
`
`“THE MONSTER MASH” mark shown in Application Serial No. 87863812:
`
`1.
`
`2.
`
`Applicant admits Opposer's averments in Paragraph 1 of the Notice of Opposition.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 2 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`3.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 3 of the Notice of Opposition, and on that basis
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`denies the same.
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`4.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 4 of the Notice of Opposition, and on that basis
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`denies the same.
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`Page 1 of 6
`
`

`

`5.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 5 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`6.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 6 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`7.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 7 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`8.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 8 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`9.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 9 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`10. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 10 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`11. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 11 of the Notice of Opposition, and on that basis
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`denies the same.
`
`12. Applicant is without knowledge or information sufficient to form a belief as to the
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`Page 2 of 6
`
`

`

`truth of Opposer’s averments in Paragraph 12 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`13. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 13 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`14. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 14 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`15. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 15 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`16. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 16 of the Notice of Opposition, and on that basis
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`denies the same.
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`17. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 17 of the Notice of Opposition, and on that basis
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`denies the same.
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`18. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 18 of the Notice of Opposition, and on that basis
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`denies the same.
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`19. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 19 of the Notice of Opposition, and on that basis
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`Page 3 of 6
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`

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`denies the same.
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`20. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 20 of the Notice of Opposition, and on that basis
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`denies the same.
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`21. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 21 of the Notice of Opposition, and on that basis
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`denies the same.
`
`22. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 22 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`23. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 23 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`24. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 24 of the Notice of Opposition, and on that basis
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`denies the same.
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`25. Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of Opposer’s averments in Paragraph 25 of the Notice of Opposition, and on that basis
`
`denies the same.
`
`26. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 26 of the Notice of Opposition, and on that basis
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`denies the same.
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`Page 4 of 6
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`

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`27. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 27 of the Notice of Opposition, and on that basis
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`denies the same.
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`28. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 28 of the Notice of Opposition, and on that basis
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`denies the same.
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`29. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 29 of the Notice of Opposition, and on that basis
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`denies the same.
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`30. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 30 of the Notice of Opposition, and on that basis
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`denies the same.
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`31. Applicant admits that it is seeking to register the mark THE MONSTER MASH
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`covering the goods set forth in the Application.
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`32. Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of Opposer’s averments in Paragraph 32 of the Notice of Opposition, and on that basis
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`denies the same.
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`33. Applicant denies the allegations of Paragraph 33 of the Notice of Opposition.
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`34. Applicant hereby denies all allegations and averments contained in the Notice of
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`Opposition that have not been expressly admitted herein.
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`Page 5 of 6
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`

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`35. Applicant reserves its right to assert any defenses which Applicant learns of
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`during the course of discovery.
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`WHEREFORE, Applicant requests that the subject opposition be dismissed and a Notice of
`Allowance be issued in connection with its application.
`
`
`
`
`
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`
`
`/Daniel Hopkinson/_____
`Daniel Hopkinson
`
`Kunzler Bean & Adamson
`50 W Broadway, 10th Floor
`Salt Lake City, UT 84010
`
`Page 6 of 6
`
`

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