Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1006052
`10/02/2019
`
`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
`10/02/2019
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Benjamin Ho
`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
`Applicant
`
`87944164
`10/02/2019
`
`The Green Monsta, LLC
`1470 Broadway
`Brooklyn, NY 11207
`UNITED STATES
`
`Publication date
`Opposition Peri-
`od Ends
`
`06/04/2019
`10/02/2019
`
`Goods/Services Affected by Opposition
`
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Juice bar services; Restaurant services, in-
`cluding sit-down service of food andtake-out restaurant services; Coffee and juice bar services; all of
`the foregoing but not concession stands at baseballparks
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act Section 2(d)
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5114854
`
`Application Date
`
`12/02/2013
`
`

`

`Registration Date
`
`01/03/2017
`
`Word Mark
`Design Mark
`
`MONSTER ENERGY
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 043. First use: First Use: 2016/10/17 First Use In Commerce: 2016/10/17
`Restaurant services; bar services
`
`U.S. Registration
`No.
`Registration Date
`
`5114853
`
`01/03/2017
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`11/27/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the letter "M" in the form of a claw above the words "MON-
`STER ENERGY".
`Class 043. First use: First Use: 2016/10/17 First Use In Commerce: 2016/10/17
`Restaurant services; bar services
`
`U.S. Registration
`No.
`Registration Date
`
`5689189
`
`03/05/2019
`
`Application Date
`
`05/08/2018
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`Design Mark
`
`JAVA MONSTER
`
`Date
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 043. First use: First Use: 2013/03/00 First Use In Commerce: 2013/03/00
`Bar services; Café services; Coffee bars; Mobile restaurant services; Restaur-
`ant services; Mobile café services for providing food and drink
`
`U.S. Registration
`No.
`Registration Date
`
`3057061
`
`02/07/2006
`
`Application Date
`
`04/18/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Fruit juice drinks having a juice content of 50% or less by volume that are shelf
`stable, carbonated soft drinks, carbonated drinks enhanced with vitamins, miner-
`als, nutrients, amino acids and/or herbs, [ aerated water, soda water and seltzer
`water, ] but excluding perishable beverage products that contain fruit juiceor soy,
`whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4111964
`
`03/13/2012
`
`Word Mark
`Design Mark
`
`MONSTER REHAB
`
`Application Date
`
`08/24/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`

`

`Goods/Services
`
`Class 030. First use: First Use: 2011/02/00 First Use In Commerce: 2011/02/00
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`
`U.S. Registration
`No.
`Registration Date
`
`3044315
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruitjuice or soy, whether such products arepas-
`teurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`5018111
`
`08/09/2016
`
`Word Mark
`Design Mark
`
`JAVA MONSTER
`
`Application Date
`
`03/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`NONE
`
`Class 030. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Ready to drink coffee, iced coffee and coffee based beverages; ready to drink
`flavored coffee, iced coffee and coffee based beverages
`
`4058407
`
`Application Date
`
`07/16/2010
`
`11/22/2011
`
`Foreign Priority
`Date
`LOCA MOCA JAVA MONSTER
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Nutritional supplements in liquid form that include coffee as an ingredient
`Class 032. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Beverages, namely, non-carbonated energy drinks; non-carbonated sports
`drinks; coffee-flavored soft drinks and non-carbonated energy drinks, all en-
`hanced with vitamins, minerals, nutrients, proteins,amino acids, and/or herbs,
`but excluding perishable beverage products that contain fruit juice or soy, wheth-
`er such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4129288
`
`04/17/2012
`
`Word Mark
`Design Mark
`
`MONSTER REHAB
`
`Application Date
`
`07/06/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitam-
`ins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated en-
`ergy or sports drinks, fruit juice drinks having a juice content of 50% or less by
`volume that are shelf-stable; all the foregoing goods exclude perishable bever-
`age products that contain fruit juice or soy,whether such products are pasteur-
`ized or not
`
`U.S. Registration
`No.
`Registration Date
`
`3959457
`
`05/10/2011
`
`Application Date
`
`12/08/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`Design Mark
`
`JAVA MONSTER
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Beverages, namely, soft drinks; non-carbonated energy drinks; non-carbonated
`sports drinks; soft drinks and non-carbonated energy drinks, all enhanced with
`vitamins, minerals, nutrients, amino acids,and/or herbs, but excluding perishable
`beverage products that contain fruit juice or soy, whether such products are pas-
`teurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4376796
`
`07/30/2013
`
`Word Mark
`Design Mark
`
`MUSCLE MONSTER
`
`Application Date
`
`07/02/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks; all the foregoing goods exclude perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4451535
`
`12/17/2013
`
`Word Mark
`
`MUSCLE MONSTER
`
`Application Date
`
`07/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Vitamin fortified beverages
`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: 2013/03/18 First Use In Commerce: 2013/03/18
`Ready to drink coffee based beverages; ready to drink chocolate-based bever-
`ages
`
`U.S. Registration
`No.
`Registration Date
`
`4604556
`
`09/16/2014
`
`Word Mark
`Design Mark
`
`PUNCH MONSTER
`
`Application Date
`
`11/22/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2014/01/09 First Use In Commerce: 2014/01/09
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2014/01/09 First Use In Commerce: 2014/01/09
`Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with
`juice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude
`perishable beverage products that contain fruit juice or soy, whether such
`products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4634053
`
`11/04/2014
`
`Application Date
`
`11/15/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`Design Mark
`
`MONSTER ASSAULT
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with
`juice, sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,
`amino acids, and/or herbs, but excluding perishable beverage products that con-
`tainfruit juice or soy, whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4716750
`
`04/07/2015
`
`Word Mark
`Design Mark
`
`JUICE MONSTER
`
`Application Date
`
`02/24/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2014/06/23 First Use In Commerce: 2014/06/23
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2014/06/23 First Use In Commerce: 2014/06/23
`Non-alcoholic beverages, namely, energydrinks and drinks enhanced with vit-
`amins, minerals, nutrients, amino acids and/or herbs, but excluding perishable
`beverage products that contain fruit juice orsoy
`
`U.S. Registration
`No.
`Registration Date
`
`4234456
`
`10/30/2012
`
`Word Mark
`
`UBERMONSTER
`
`Application Date
`
`07/09/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2012/02/00 First Use In Commerce: 2012/02/00
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2012/02/00 First Use In Commerce: 2012/02/00
`Beverages, namely, carbonated soft drinks; non-alcoholic carbonated soft drink-
`sand energy drinks enhanced with vitamins, minerals, nutrients, proteins, amino
`acids and/or herbs; carbonated energy drinks and sports drinks, all the foregoing
`goods exclude perishable beverage products that contain fruit juice or soy,
`whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4036681
`
`10/11/2011
`
`Word Mark
`Design Mark
`
`MONSTER ENERGY
`
`Application Date
`
`09/11/2007
`
`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
`Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. Registration
`No.
`Registration Date
`
`4036680
`
`10/11/2011
`
`Word Mark
`Design Mark
`
`MONSTER ENERGY
`
`Application Date
`
`09/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`NONE
`
`

`

`Mark
`Goods/Services
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements in liquid form
`
`U.S. Registration
`No.
`Registration Date
`
`3134842
`
`08/29/2006
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`M MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`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, fruit juice drinks having a juice content of
`50%or less by volume that are shelf stable, [ and water, ] but excluding perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`3044314
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`M MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruitjuice or soy, whether such products arepas-
`teurized or not
`
`4534414
`
`Application Date
`
`01/02/2013
`
`05/20/2014
`
`Foreign Priority
`Date
`MONSTER ENERGY ULTRA BLUE
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2013/03/13 First Use In Commerce: 2013/03/13
`
`

`

`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2013/03/13 First Use In Commerce: 2013/03/13
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, allen-
`hanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the fore-
`going goods exclude perishable beverage products that contain fruit juice orsoy,
`whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4532292
`
`Application Date
`
`06/13/2013
`
`05/20/2014
`
`Foreign Priority
`Date
`MONSTER ENERGY ULTRA RED
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2013/09/01 First Use In Commerce: 2013/09/01
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2013/09/01 First Use In Commerce: 2013/09/01
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, allen-
`hanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the fore-
`going goods exclude perishable beverage products that contain fruit juice orsoy,
`whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4860491
`
`Application Date
`
`05/13/2014
`
`11/24/2015
`
`Foreign Priority
`Date
`MONSTER ENERGY ULTRA BLACK
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2014/07/23 First Use In Commerce: 2014/07/23
`Nutritional supplements in liquid form
`
`

`

`Class 032. First use: First Use: 2014/07/23 First Use In Commerce: 2014/07/23
`Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energy
`drinks, sports drinks, and soft drinks, energy drinks and sports drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4856373
`
`Application Date
`
`05/14/2014
`
`11/17/2015
`
`Foreign Priority
`Date
`MONSTER ENERGY ULTRA CITRON
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2015/01/05 First Use In Commerce: 2015/01/05
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2015/01/05 First Use In Commerce: 2015/01/05
`Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energy
`drinks, sports drinks, and soft drinks, energy drinks and sports drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4879793
`
`Application Date
`
`12/18/2014
`
`01/05/2016
`
`Foreign Priority
`Date
`MONSTER ENERGY ZERO ULTRA
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2012/08/30 First Use In Commerce: 2012/08/30
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2012/08/30 First Use In Commerce: 2012/08/30
`Non-alcoholic beverages, namely, soft drinks, carbonated soft drinks, energy
`drinks, sports drinks; energy drinks and sports drinks enhanced with vitamins,
`
`

`

`minerals, nutrients, amino acids and/or herbs
`
`3852118
`
`Application Date
`
`02/13/2009
`
`09/28/2010
`
`Foreign Priority
`Date
`LO-CARB MONSTER ENERGY
`
`NONE
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Nutritional supplements
`Class 032. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Non-alcoholic beverages, namely, energydrinks, drinks enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs
`
`U.S. Registration
`No.
`Registration Date
`
`5281559
`
`09/05/2017
`
`Application Date
`
`06/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`MONSTER ENERGY ULTRA
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2014/02/05 First Use In Commerce: 2014/02/05
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2014/02/05 First Use In Commerce: 2014/02/05
`Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energy
`drinks, sports drinks, and soft drinks; energy drinks and sports drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs
`
`U.S. Registration
`No.
`
`5476437
`
`Application Date
`
`12/15/2016
`
`

`

`Registration Date
`
`05/22/2018
`
`Word Mark
`Design Mark
`
`MONSTER HYDRO
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2018/02/26 First Use In Commerce: 2018/02/26
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`U.S. Registration
`No.
`Registration Date
`
`5716915
`
`04/02/2019
`
`Word Mark
`Design Mark
`
`MONSTER MAXX
`
`Application Date
`
`12/11/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 032. First use: First Use: 2018/02/00 First Use In Commerce: 2018/02/00
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
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`2019-10-02 FINAL NOTICE OF OPPOSITION-
`87944164-HANB.10141M.pdf(308793 bytes )
`Exhibit 01 Reg No. 5114854 - HANB.10141M.pdf(846120 bytes )
`Exhibit 02 Reg No. 5114853 - HANB.10141M.pdf(863545 bytes )
`Exhibit 03 Reg No. 5689189 - HANB.10141M.pdf(843364 bytes )
`Exhibit 04 Reg No. 3057061 - HANB.10141M.pdf(819958 bytes )
`Exhibit 05 Reg No. 4111964 - HANB.10141M.pdf(837986 bytes )
`Exhibit 06 Reg No. 3044315 - HANB.10141M.pdf(833530 bytes )
`Exhibit 07 Reg No. 5018111 - HANB.10141M.pdf(855817 bytes )
`Exhibit 08 Reg No. 4058407 - HANB.10141M.pdf(851948 bytes )
`Exhibit 09 Reg No. 4129288 - HANB.10141M.pdf(850031 bytes )
`Exhibit 10 Reg No. 3959457 - HANB.10141M.pdf(1363055 bytes )
`Exhibit 11 Reg No. 4376796 - HANB.10141M.pdf(848278 bytes )
`Exhibit 12 Reg No. 4451535 - HANB.10141M.pdf(844099 bytes )
`Exhibit 13 Reg No. 4604556 - HANB.10141M.pdf(849023 bytes )
`Exhibit 14 Reg No. 4634053 - HANB.10141M.pdf(845737 bytes )
`Exhibit 15 Reg No. 4716750 - HANB.10141M.pdf(844887 bytes )
`Exhibit 16 Reg No. 4234456 - HANB.10141M.pdf(869955 bytes )
`Exhibit 17 Reg No. 4036681 - HANB.10141M.pdf(841687 bytes )
`Exhibit 18 Reg No. 4036680 - HANB.10141M.pdf(839707 bytes )
`Exhibit 19 Reg No. 3134842 - HANB.10141M.pdf(828757 bytes )
`Exhibit 20 Reg No. 3044314 - HANB.10141M.pdf(823369 bytes )
`Exhibit 21 Reg No. 4534414 - HANB.10141M.pdf(845911 bytes )
`Exhibit 22 Reg No. 4532292 - HANB.10141M.pdf(846168 bytes )
`Exhibit 23 Reg No. 4860491 - HANB.10141M.pdf(843592 bytes )
`Exhibit 24 Reg No. 4856373 - HANB.10141M.pdf(843803 bytes )
`Exhibit 25 Reg No. 4879793 - HANB.10141M.pdf(842358 bytes )
`Exhibit 26 Reg No. 3852118 - HANB.10141M.pdf(1321614 bytes )
`Exhibit 27 Reg No. 5281559 - HANB.10141M.pdf(851315 bytes )
`Exhibit 28 Reg No. 5476437 - HANB.10141M.pdf(850120 bytes )
`Exhibit 29 Reg No. 5716915 - HANB.10141M.pdf(851180 bytes )
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`Signature
`Name
`Date
`
`/Benjamin Ho/
`Benjamin Ho
`10/02/2019
`
`

`

`HANB.10141M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No.: ___________
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`Serial No.: 87/944164
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`Mark:
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`))))))))))
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`Opposer,
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`v.
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`MONSTER ENERGY COMPANY
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`THE GREEN MONSTA, LLC d.b.a. THE GREEN
`VEGAN MONSTA, LLC,
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`
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`Applicant.
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`
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`NOTICE OF OPPOSITION
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`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`
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`Monster Energy Company, a Delaware corporation, located and doing business at
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`1 Monster Way, Corona, California 92879, (“Opposer”) believes that it will be damaged by
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`registration of U.S. Trademark Application Serial No. 87/944164 (the “Application”) for the mark
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` filed by The Green Monsta, LLC d/b/a The Green Vegan Monsta, LLC
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`(“Applicant”) and therefore opposes the 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 May 31, 2018, Applicant seeks to obtain registration on
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`the Principal Register of the trademark
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`for “Juice bar services; Restaurant
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`services, including sit-down service of food and take-out restaurant services; Coffee and juice bar
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`services; all of the foregoing but not concession stands at baseball parks” in International Class
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`43. Applicant’s Application is based on Applicant’s alleged intent-to-use the mark in interstate
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`commerce.
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`2.
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`Since at least 2002, long before the filing date of the Application, Opposer has been,
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`and still is, engaged in the development, marketing, and/or sale of beverages, nutritional
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`supplements, clothing, and other products under the marks MONSTERTM and MONSTER
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`ENERGY® and related marks, all containing “MONSTER.” Opposer’s family of MONSTER
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`Marks includes, but is not limited to, the following: MONSTERTM, MONSTER ENERGY®,
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`®, MONSTER REHAB®, MUSCLE MONSTER®, PUNCH MONSTER®, MONSTER
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`ASSAULT®, JUICE MONSTER®, JAVA MONSTER®, UBERMONSTER®, M MONSTER
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`ENERGY®, MONSTER ENERGY ULTRA BLUE®, MONSTER ENERGY ULTRA RED®,
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`MONSTER ENERGY ULTRA BLACK®, MONSTER ENERGY ULTRA CITRON®,
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`MONSTER ENERGY ZERO ULTRA®, LO-CARB MONSTER ENERGY®, LOCA MOCA
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`JAVA MONSTER®, MONSTER ENERGY ULTRA®, MONSTER HYDRO®, and MONSTER
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`MAXX® (hereinafter collectively, the “MONSTER Marks”).
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`3.
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`Since at least before the filing date of the Application, Opposer has continuously
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`used and promoted its family of MONSTER Marks. Opposer’s family of MONSTER Marks is
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`the subject of substantial and continuous marketing and promotion by Opposer in connection with
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`its beverages, nutritional supplements, clothing and numerous other products and services.
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`Opposer’s beverages bearing its MONSTER Marks have been and/or are currently sold or
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`distributed at locations throughout the U.S., including where food and beverages are sold for
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`consumption on-premise such as restaurants, bars, sports venues, theme parks and cinemas.
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`4.
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`Opposer also uses its MONSTER Marks in connection with restaurant services,
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`including in connection with its Monster Beastro restaurant. The following are images of the
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`Monster Beastro restaurant showing exemplary use of the MONSTER Marks in connection with
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`the restaurant:
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`5.
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`Opposer also promotes the MONSTER Marks through, for example, the
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`sponsorship of music festivals, athletes, and sports events that are televised nationwide and
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`internationally. Opposer frequently sets up VIP and hospitality areas at its sponsored or attended
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`events at numerous locations across the United States. Opposer frequently serves food and
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`beverages at these VIP and hospitality areas. Images of Opposer’s VIP and hospitality areas
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`displaying Opposer’s MONSTER Marks are shown below:
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`6.
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`Opposer also has and continues to widely market and promote its family of
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`MONSTER Marks in the industry and to consumers by, for example, displaying the MONSTER
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`Marks extensively on billions of cans of beverages and nutritional supplements; on merchandise
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`and on product samplings; on promotional and point of sale materials; in magazines and other
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`industry publications; on the monsterenergy.com website, monsterarmy.com website and other
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`Internet websites and social media sites; and at trade shows and other live events.
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`- 4 -
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`7.
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`Moreover, Opposer often uses its MONSTER Marks in connection with the color
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`green. An image of Opposer’s original MONSTER ENERGY® beverage container, which
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`includes the color green, is shown below:
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`8.
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`By virtue of Opposer’s continuous and substantial use, the MONSTER Marks have
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`become famous identifiers of Opposer such that consumers have come to recognize a family of
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`MONSTER Marks with which Opposer offers, markets and sells its goods and services. As a
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`result, Opposer has built up, at great expense and effort, valuable goodwill in its family of MONSTER
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`Marks and has developed strong common law rights in its MONSTER Marks. Opposer relies on
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`its common law rights in its family of MONSTER Marks, which rights predate the filing date of
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`the Application.1
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`9.
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`In addition to its common law rights, Opposer owns and relies on U.S. Trademark
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`Registration No. 5,114,854 (the “’854 Registration”) for the mark MONSTER ENERGY® for
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`“restaurant services; bar services” in International Class 43, which registration issued January 3,
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`2017 and is based on an application filed in the United States Patent and Trademark Office (“PTO”)
`
`
`1 Opposer has also obtained California Trademark Registration No. 108,124 for the mark
`MONSTER for “fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer
`water” in International Class 32, which registration issued April 24, 2002.
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`on December 2, 2013. The filing date of Opposer’s ’854 Registration is prior to the filing date of
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`the Application. True and correct copies of the specifics of the ’854 Registration obtained from
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`the PTO’s TESS and Assignment databases are attached hereto as Exhibit 1 and made of record.
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`10.
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`Opposer owns and relies on U.S. Trademark Registration No. 5,114,853 (the “’853
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`Registration”) for the mark
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`® for “restaurant services; bar services” in International Class
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`43, which registration issued January 3, 2017 and is based on an application filed in the PTO on
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`November 27, 2013. The filing date of Opposer’s ’853 Registration is prior to the filing date of the
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`Application. True and correct copies of the specifics of the ’853 Registration obtained from the PTO’s
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`TESS and Assignment databases are attached hereto as Exhibit 2 and made of record.
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`11.
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`Opposer owns and relies on U.S. Trademark Registration No. 5,689,189 (the “’189
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`Registration”) for the mark JAVA MONSTER® for “bar services; café services; coffee bars;
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`mobile restaurant services; restaurant services; mobile café services for providing food and drink”
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`in International Class 43, which registration issued March 5, 2019 and is based on an application
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`filed in the PTO on May 8, 2018. The filing date of Opposer’s ’189 Registration is prior to the filing
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`date of the Application. True and correct copies of the specifics of the ’189 Registration obtained
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`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 3 and made of
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`record.
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`12.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,057,061 (the “’061 Registration”) for the mark MONSTER ENERGY® for “fruit juice drinks
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`having a juice content of 50% or less by volume that are shelf stable, carbonated soft drinks,
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`carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, but
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`excluding perishable beverage products that contain fruit juice or soy, whether such products are
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`pasteurized or not” in International Class 32, which registration issued February 7, 2006 and is
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`based on an application filed in the PTO on April 18, 2002. The filing date of Opposer’s ’061
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`Registration is prior to the filing date of the Application. True and correct copies of the specifics of
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`the ’061 Registration obtained from the PTO’s TESS and Assignment databases are attached
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`hereto as Exhibit 4 and made of record.
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`13.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`4,111,964 (the “’964 Registration”) for the mark MONSTER REHAB® for “ready to drink tea,
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`iced tea and tea based beverages; ready to drink flavored tea, iced tea and tea based beverages” in
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`International Class 30, which registration issued March 13, 2012 and is based on an application
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`filed in the PTO on August 24, 2011. The filing date of Opposer’s ’964 Registration is prior to the
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`filing date of the Application. True and correct copies of the specifics of the ’964 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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`14.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`3,044,315 (the “’315 Registration”) for the mark MONSTER ENERGY® for “nutritional
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`supplements in liquid form, but excluding perishable beverage products that contain fruit juice or
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`soy, whether such products are pasteurized or not” in International Class 5, which registration
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`issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003. The
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`filing date of Opposer’s ’315 Registration is prior to the filing date of the Application. True and
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`correct copies of the specifics of the ’315 Registration obtained from the PTO’s TESS and
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`Assignment databases are attached hereto as Exhibit 6 and made of record.
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`- 7 -
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`15.
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`Opposer owns and relies on U.S. Trademark Registration No. 5,018,111 (the “’111
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`Registration”) for the mark JAVA MONSTER® for “ready to drink coffee, iced coffee and coffee
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`based beverages; ready to drink flavored coffee, iced coffee and coffee based beverages” in
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`International Class 30, which registration issued August 9, 2016 and is based on an application
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`filed in the PTO on March 15, 2016. The filing date of Opposer’s ’111 Registration is prior to the
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`filing date of the Application. True and correct copies of the specifics of the ’111 Registration
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`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 7 and
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`made of 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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`4,058,407 (the “’407 Registration”) for the mark LOCA MOCA JAVA MONSTER® for
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`“nutritional supplements in liquid form that include coffee as an ingredient” in International Class
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`5 and “beverages, namely, non-carbonated energy drinks; non-carbonated sports drinks; coffee-
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`flavored soft drinks and non-carbonated energy drinks, all enhanced with vitamins, minerals,
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`nutrients, proteins, amino acids, and/or herbs, 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 22, 2011 and is based on an application filed in the PTO on
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`July 16, 2010. The filing date of Opposer’s ’407 Registration is prior to the filing date of the
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`Application. True and correct copies of the specifics of the ’407 Registration obtained from the
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`PTO’s TESS and Assignment databases are attached hereto as Exhibit 8 and made of record.
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`17.
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`Opposer owns and relies on U.S. Trademark Registration No. 4,129,288 (the “’288
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`Registration”) for the mark MONSTER REHAB® for “nutritional supplements in liquid form” in
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`International Class 5 and for “beverages, namely, non-alcoholic, non-carbonated drinks enhanced
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`with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonate