Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1121033
`03/17/2021
`
`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
`03/17/2021
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`BITA KIANIAN
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary Email: efiling@knobbe.com
`Secondary Email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90111357
`03/17/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`11/17/2020
`03/17/2021
`
`Beast Health, LLC
`1501 UMEO ROAD
`PACIFIC PALISADES, CA 90272
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Clothing, namely, shirts, sweatshirts, jack-
`ets, socks, pants, and shorts; headwear; footwear
`Class 032. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Smoothie kits; smoothies; Powders used in
`the preparation of isotonic sports drinks and sports beverages; fruit and vegetable juices
`
`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.
`Registration Date
`
`4975822
`
`06/14/2016
`
`Application Date
`
`03/07/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 025. First use: First Use: 2002/00/00 First Use In Commerce: 2002/00/00
`Clothing, namely, tops, shirts, [ long-sleeved shirts, ] t-shirts, [ hooded shirts and
`] hooded sweatshirts, sweat shirts [, jackets, pants, bandanas, socks, sweat
`bands and gloves; headgear, namely,hats and beanies ]
`
`U.S. Registration
`No.
`Registration Date
`
`2769364
`
`09/30/2003
`
`Application Date
`
`12/18/2002
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 032. First use: First Use: 2002/04/16 First Use In Commerce: 2002/04/16
`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 ]
`
`U.S. Registration
`No.
`Registration Date
`
`5820901
`
`07/30/2019
`
`Application Date
`
`01/16/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 005. First use: First Use: 2002/04/16 First Use In Commerce: 2002/04/16
`Nutritional supplements in liquid form
`Class 020. First use: First Use: 2017/12/02 First Use In Commerce: 2017/12/02
`Furniture; chairs; gaming chair
`Class 043. First use: First Use: 2016/02/03 First Use In Commerce: 2016/02/03
`Bar services; café services; mobile restaurant services; restaurant services;
`mobile café services for providing food and drink
`
`U.S. Registration
`No.
`Registration Date
`
`4336329
`
`05/14/2013
`
`Word Mark
`Design Mark
`
`REHAB THE BEAST!
`
`Application Date
`
`11/03/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 030. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`Class 032. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Non-alcoholic beverages, namely, energydrinks, sports drinks and fruit juice
`drinks; all the foregoing enhanced with vitamins, minerals, nutrients, proteins,
`amino acids and/or herbs
`
`U.S. Registration
`No.
`Registration Date
`
`5402465
`
`02/13/2018
`
`Application Date
`
`06/16/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`HYDRATE THE BEAST!
`
`NONE
`
`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; drinking water, namely, water enhanced with vitamins, nutri-
`ents, proteins, and/or amino acids
`
`U.S. Registration
`No.
`Registration Date
`
`4482659
`
`02/11/2014
`
`Application Date
`
`05/15/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Nutritional supplements in liquid form;vitamin fortified beverages
`
`U.S. Registration
`No.
`Registration Date
`
`4482660
`
`02/11/2014
`
`Application Date
`
`05/15/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 029. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Dairy-based beverages; dairy-based energy shakes
`
`U.S. Registration
`No.
`Registration Date
`
`4542107
`
`06/03/2014
`
`Word Mark
`
`PUMP UP THE BEAST!
`
`Application Date
`
`05/15/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 030. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`[ Ready to drink coffee-based beverages; coffee-based shakes for boosting en-
`ergy; ] chocolate-based shakes for boostingenergy; ready to drink chocolate-
`based beverages
`
`U.S. Registration
`No.
`Registration Date
`
`4546402
`
`06/10/2014
`
`Application Date
`
`05/15/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 032. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Non-alcoholic beverages, namely, non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks
`
`4394044
`
`Application Date
`
`12/14/2010
`
`08/27/2013
`
`Foreign Priority
`Date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: 2009/07/08 First Use In Commerce: 2009/07/08
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy or sports drinks
`
`5622925
`
`Application Date
`
`12/14/2010
`
`12/04/2018
`
`Foreign Priority
`Date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: 2009/07/08 First Use In Commerce: 2009/07/08
`Nutritional energy supplements in liquid form; nutritional supplement bever-
`agescontaining vitamins
`
`U.S. Registration
`No.
`Registration Date
`
`5628025
`
`12/11/2018
`
`Word Mark
`
`REHAB THE BEAST!
`
`Application Date
`
`11/03/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 005. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`nutritional energy supplements in liquid form; nutritional supplement bever-
`agescontaining vitamins
`
`5633094
`
`Application Date
`
`11/19/2012
`
`12/18/2018
`
`Foreign Priority
`Date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: 2012/08/30 First Use In Commerce: 2012/08/30
`Nutritional energy supplements in liquid form; nutritional supplement bever-
`agescontaining vitamins
`
`5783086
`
`Application Date
`
`04/13/2018
`
`06/18/2019
`
`Foreign Priority
`Date
`UNLEASH THE SALTY BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: 2018/08/00 First Use In Commerce: 2018/08/00
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`fruit juice drinks
`
`4371544
`
`Application Date
`
`11/19/2012
`
`07/23/2013
`
`Foreign Priority
`Date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: 2012/08/30 First Use In Commerce: 2012/08/30
`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
`
`2021-03-17 Final Notice of Opposition - 90111357 - HANB.12164M.pdf(278499
`bytes )
`EX 1 REG NO 4975822 - HANB.12164M.pdf(1043520 bytes )
`EX 2 REG NO 2769364 - HANB.12164M.pdf(1050357 bytes )
`EX 3 REG NO 5820901 - HANB.12164M.pdf(1051524 bytes )
`EX 4 REG NO 4336329 - HANB.12164M.pdf(1049023 bytes )
`
`

`

`EX 5 REG NO 5402465 - HANB.12164M.pdf(1052980 bytes )
`EX 6 REG NO 4482659 - HANB.12164M.pdf(1039073 bytes )
`EX 7 REG NO 4482660 - HANB.12164M.pdf(1038857 bytes )
`EX 8 REG NO 4542107 - HANB.12164M.pdf(1041583 bytes )
`EX 9 REG NO 4546402 - HANB.12164M.pdf(1042686 bytes )
`EX 10 REG NO 4394044 - HANB.12164M.pdf(1042769 bytes )
`EX 11 REG NO 5622925 - HANB.12164M.pdf(1072267 bytes )
`EX 12 REG NO 5628025 - HANB.12164M.pdf(1075449 bytes )
`EX 13 REG NO 5633094 - HANB.12164M.pdf(1051288 bytes )
`EX 14 REG NO 5783086 - HANB.12164M.pdf(1052544 bytes )
`EX 15 REG NO 4371544 - HANB.12164M.pdf(1042168 bytes )
`
`Signature
`Name
`Date
`
`/Bita Kianian/
`Bita Kianian
`03/17/2021
`
`

`

`HANB.12164M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No.: ___________
`
`
`Serial No.: 90/111357
`
`Mark: BEAST
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`BEAST HEALTH, LLC,
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`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
`
`registration of U.S. Trademark Application Serial No 90/111357 (the “Application”) for the
`
`mark BEAST (“Applicant’s Mark”) filed by Beast Health, LLC (“Applicant”) and therefore
`
`opposes the same.
`
`
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on August 13, 2020, Applicant seeks to obtain registration
`
`on the Principal Register of the trademark BEAST for “clothing, namely, shirts, sweatshirts, jackets,
`
`socks, pants, and shorts; headwear; footwear” in International Class 25 and “smoothie kits;
`
`smoothies; powders used in the preparation of isotonic sports drinks and sports beverages; fruit and
`
`vegetable juices” in International Class 32 based on Applicant’s alleged intent to use the mark in
`
`interstate commerce.
`
`
`
`- 1 -
`
`

`

`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has
`
`been, and still is, engaged in the development, marketing and sale of beverages, nutritional
`
`supplements, clothing, and other products in connection with Opposer’s UNLEASH THE
`
`BEAST!® mark. Examples of Opposer’s use of its UNLEASH THE BEAST!® mark are shown
`
`below:
`
`
`
`
`
`
`
`- 2 -
`
`

`

`
`
`
`
`
`
`
`
`3.
`
`In addition to Opposer’s use of its UNLEASH THE BEAST!® mark, Opposer
`
`has expanded its use to include other BEAST-inclusive marks, including, for example,
`
`HYDRATE THE BEAST!®, UNLEASH THE NITRO BEAST!®, UNLEASH THE ULTRA
`
`BEAST!®, PUMP UP THE BEAST!®, REHAB THE BEAST!®, and UNLEASH THE SALTY
`
`
`
`- 3 -
`
`

`

`BEAST!® (collectively, the “BEAST-inclusive Marks”) in connection with its line of beverages,
`
`beverageware, accessories, and/or other products.
`
`4.
`
`Since at least 2002, Opposer has continuously used its UNLEASH THE
`
`BEAST!® mark on almost all of the containers of its best-selling original Monster Energy®
`
`drink. Since at least 2003, Opposer has continuously used its UNLEASH THE BEAST!® mark
`
`on almost all of the containers of its Lo-Carb Monster Energy® drinks and has also used the mark
`
`on additional lines of drinks since that time. Since at least 2009, Opposer has continuously used its
`
`UNLEASH THE NITRO BEAST!® mark in connection with its line of drinks containing nitrous
`
`oxide, which currently consists of the Monster Maxx® line of drinks. Since at least 2011, Opposer
`
`has continuously used its REHAB THE BEAST!® mark on the containers of its line of Monster
`
`Rehab® drinks. Since at least 2013, Opposer has continuously used its UNLEASH THE ULTRA
`
`BEAST!® mark on the containers of its line of Monster Energy Ultra® drinks. Since at least
`
`2013, Opposer has continuously used its PUMP UP THE BEAST!® mark on the containers of its
`
`line of Muscle Monster® drinks. Since at least 2017, Opposer has continuously used its
`
`HYDRATE THE BEAST!® mark on the containers of its line of Monster Hydro® drinks. Since
`
`at least 2018, Opposer has continuously used its UNLEASH THE SALTY BEAST!® mark on
`
`containers of its Juice Monster® drinks.
`
`5.
`
`Since at least before the filing date of the Application, Opposer’s BEAST-
`
`inclusive Marks have been and continue to be the subject of substantial and continuous
`
`marketing and promotion by Opposer in connection with its beverages, nutritional supplements,
`
`clothing, and other products. Opposer has and continues to widely market and promote its
`
`BEAST-inclusive Marks to consumers by, for example, displaying the UNLEASH THE
`
`BEAST!® mark or one or more of the BEAST-inclusive Marks on merchandise and product
`
`samplings; extensively on billions of cans of beverages and nutritional supplements; on
`
`
`
`- 4 -
`
`

`

`promotional and point of sale materials; in magazines and other industry publications; on the
`
`monsterenergy.com website, monsterarmy.com website, and other Internet websites, and social
`
`media sites; at trade shows, concert tours, and other live events; and through the sponsorship of
`
`athletes.
`
`6.
`
`There is a huge demand for clothing, gear, and other merchandise bearing
`
`Opposer’s BEAST-inclusive Marks. Monster has entered into license agreements with several
`
`manufacturers, giving them a license to produce and sell clothing and other products that bear
`
`Opposer’s BEAST-inclusive Marks. In the United States, Monster’s licensees have sold licensed
`
`goods bearing Opposer’s BEAST-inclusive Marks to consumers in all 50 states through their
`
`own websites and through nationwide retailers. Those nationwide retailers have also sold
`
`Monster’s licensed goods bearing Opposer’s BEAST-inclusive Marks through their own
`
`websites. These licensees also sell the licensed products bearing the BEAST-inclusive Marks
`
`throughout the world including on websites, in retail stores, and/or at sporting events.
`
`7.
`
`By virtue of Opposer’s continuous and substantial use, the BEAST-inclusive Marks
`
`have become famous identifiers of Opposer such that consumers have come to recognize a family
`
`of BEAST-inclusive Marks with which Opposer markets and sells its goods and services.
`
`Opposer’s BEAST-inclusive Marks have been used and advertised in such a manner so that the
`
`public associates the distinctive BEAST element of Opposer’s BEAST-inclusive Marks as an
`
`indicator of source of Opposer’s goods and services.
`
`8.
`
`By virtue of Opposer’s continuous and substantial use, Opposer’s BEAST-inclusive
`
`Marks have developed into well-known identifiers of Opposer and its goods and services since long
`
`before the filing date of the Application. As a result, Opposer has built up, at great expense and
`
`effort, valuable goodwill in its BEAST-inclusive Marks and has developed strong common law
`
`
`
`
`
`- 5 -
`
`

`

`rights in the marks. Opposer relies on its common law rights in its BEAST-inclusive Marks,
`
`which rights predate the filing date of the Application.
`
`9.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`Mark
`
`Goods/Services
`
`Registration
`No.
`4,975,822
`
`UNLEASH THE
`BEAST!
`
`Listed First
`Use Date
`2002
`
`Filing Date Registration
`Date
`6/14/2016
`
`3/7/2014
`
`4/16/2002
`
`12/18/2002
`
`9/30/2003
`
`1/16/2019
`
`7/30/2019
`
`Cl. 5
`4/16/2002
`Cl. 20
`12//2017
`Cl. 43
`2/3/2016
`
`3/2/2011
`
`11/3/2010
`
`5/14/2013
`
`3/1/2017
`
`6/16/2016
`
`2/13/2018
`
`Cl. 25 clothing, namely,
`tops, shirts, t-shirts, hooded
`sweatshirts, sweat shirts
`
`Cl. 32 fruit juice drinks,
`soft drinks, carbonated soft
`drinks and soft drinks
`enhanced with vitamins,
`minerals, nutrients, amino
`acids and/or herbs
`Cl. 5 nutritional
`supplements in liquid form
`Cl. 20 furniture; chairs;
`gaming chair
`Cl. 43 bar services; café
`services; mobile restaurant
`services; restaurant
`services; mobile café
`services for providing food
`and drink
`Cl. 30 ready to drink tea,
`iced tea and tea based
`beverages; ready to drink
`flavored tea, iced tea and
`tea based beverages;
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, sports drinks and
`fruit juice drinks; all the
`foregoing enhanced with
`vitamins, minerals,
`nutrients, proteins, amino
`acids and/or herbs
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, soft drinks, sports
`drinks, and flavored
`waters; drinking water,
`namely, water enhanced
`with vitamins, nutrients,
`
`2,769,364
`
`UNLEASH THE
`BEAST!
`
`5,820,901
`
`UNLEASH THE
`BEAST!
`
`4,336,329
`
`REHAB THE
`BEAST!
`
`5,402,465
`
`HYDRATE THE
`BEAST!
`
`
`
`- 6 -
`
`

`

`Registration
`No.
`
`Mark
`
`Goods/Services
`
`Listed First
`Use Date
`
`Filing Date Registration
`Date
`
`4,482,659
`
`PUMP UP THE
`BEAST!
`
`4,482,660
`
`PUMP UP THE
`BEAST!
`
`4,542,107
`
`PUMP UP THE
`BEAST!
`
`4,546,402
`
`PUMP UP THE
`BEAST!
`
`4,394,044
`
`UNLEASH THE
`NITRO BEAST!
`
`5,622,925
`
`UNLEASH THE
`NITRO BEAST!
`
`5,628,025
`
`REHAB THE
`BEAST!
`
`5,633,094
`
`UNLEASH THE
`ULTRA
`BEAST!
`
`5,783,086
`
`UNLEASH THE
`SALTY
`BEAST!
`
`proteins, and/or amino
`acids
`Cl. 5 nutritional
`supplements in liquid form;
`vitamin fortified beverages
`Cl. 29 dairy-based
`beverages; dairy-based
`energy shakes
`Cl. 30 chocolate-based
`shakes for boosting energy;
`ready to drink chocolate-
`based beverages
`Cl. 32 non-alcoholic
`beverages, namely, non-
`alcoholic and non-
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; non-
`carbonated energy or sports
`drinks
`Cl. 32 non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy or sports drinks
`Cl. 5 nutritional energy
`supplements in liquid form;
`nutritional supplement
`beverages containing
`vitamins
`Cl. 5 nutritional energy
`supplements in liquid form;
`nutritional supplement
`beverages containing
`vitamins
`Cl. 5 nutritional energy
`supplements in liquid form;
`nutritional supplement
`beverages containing
`vitamins
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, soft drinks, sports
`
`
`
`- 7 -
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`6/3/2014
`
`3/18/2013
`
`5/15/2013
`
`6/10/2014
`
`7/8/2009
`
`12/14/2010
`
`8/27/2013
`
`7/8/2009
`
`12/14/2010
`
`12/4/2018
`
`3/2/2011
`
`11/3/2010
`
`12/11/2018
`
`8/30/2012
`
`11/19/2012
`
`12/18/2018
`
`8/2018
`
`4/13/2018
`
`6/18/2019
`
`

`

`Registration
`No.
`
`Mark
`
`Goods/Services
`
`Listed First
`Use Date
`
`Filing Date Registration
`Date
`
`4,371,544
`
`UNLEASH THE
`ULTRA
`BEAST!
`
`drinks, and fruit juice
`drinks
`Cl. 32 non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy drinks and sports
`drinks
`
`8/30/2012
`
`11/19/2012
`
`7/23/2013
`
`
`10.
`
`Opposer owns and relies on U.S. Trademark Registration No. 4,975,822 (the
`
`“’822 Registration”) for the mark UNLEASH THE BEAST! for “clothing, namely, tops, shirts,
`
`t-shirts, hooded sweatshirts, sweat shirts” in International Class 25, which registration issued
`
`June 14, 2016 and is based on an application filed in the United States Patent and Trademark
`
`Office (“PTO”) on March 7, 2014. The filing date of Opposer’s ’822 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of the ’822 Registration
`
`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 1 and
`
`made of record.
`
`11.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`2,769,364 (the “’364 Registration”) for the mark UNLEASH THE BEAST! for “fruit juice
`
`drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals,
`
`nutrients, amino acids and/or herbs” in International Class 32, which registration issued September
`
`30, 2003 and is based on an application filed in the PTO on December 18, 2002. The filing date of
`
`Opposer’s ’364 Registration is prior to the filing date of the Application. True and correct copies
`
`of the specifics of the ’364 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 2 and made of record.
`
`
`
`
`
`- 8 -
`
`

`

`12.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,820,901 (the
`
`“’901 Registration”) for the mark UNLEASH THE BEAST! for “nutritional supplements in
`
`liquid form” in International Class 5, “furniture; chairs; gaming chair” in International Class 20, and
`
`“bar services; café services; mobile restaurant services; restaurant services; mobile café services for
`
`providing food and drink” in International Class 43, which registration issued July 30, 2019 and is
`
`based on an application filed in the PTO on January 16, 2019. The filing date of Opposer’s ’901
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’901 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 3 and made of record.
`
`13.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,336,329 (the “’329 Registration”) for the mark REHAB THE BEAST! for “ready to drink tea,
`
`iced tea and tea based beverages; ready to drink flavored tea, iced tea and tea based beverages”
`
`in International Class 30 and “non-alcoholic beverages, namely, energy drinks, sports drinks and
`
`fruit juice drinks; all the foregoing enhanced with vitamins, minerals, nutrients, proteins, amino
`
`acids and/or herbs” in International Class 32, which registration issued May 14, 2013 and is based
`
`on an application filed in the PTO on November 3, 2010. The filing date of Opposer’s ’329
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of Opposer’s ’329 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 4 and made of record.
`
`14.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`5,402,465 (the “’465 Registration”) for the mark HYDRATE THE BEAST! for “non-alcoholic
`
`beverages, namely, energy drinks, soft drinks, sports drinks, and flavored waters; drinking water,
`
`namely, water enhanced with vitamins, nutrients, proteins, and/or amino acids” in International
`
`Class 32, which registration issued February 13, 2018 and is based on an application filed in the
`
`
`
`- 9 -
`
`

`

`PTO on June 16, 2016. The filing date of Opposer’s ‘465 Registration is prior to the filing date of
`
`the Application. True and correct copies of the specifics of Opposer’s ’465 Registration obtained
`
`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 5 and made of
`
`record.
`
`15.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,482,659 (the “’659 Registration”) for the mark PUMP UP THE BEAST! for “nutritional
`
`supplements in liquid form; vitamin fortified beverages” in International Class 5, which
`
`registration issued February 11, 2014 and is based on an application filed in the PTO on May 15,
`
`2013. The filing date of Opposer’s ‘659 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of Opposer’s ’659 Registration obtained from the PTO’s
`
`TESS and Assignment databases are attached hereto as Exhibit 6 and made of record.
`
`16.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,482,660 (the “’660 Registration”) for the mark PUMP UP THE BEAST! for “dairy-based
`
`beverages; dairy-based energy shakes” in International Class 29, which registration issued
`
`February 11, 2014 and is based on an application filed in the PTO on May 15, 2013. The filing
`
`date of Opposer’s ’660 Registration is prior to the filing date of the Application. True and correct
`
`copies of the specifics of Opposer’s ’660 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 7 and made of record.
`
`17.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,542,107 (the “’107 Registration”) for the mark PUMP UP THE BEAST! for “chocolate-based
`
`shakes for boosting energy; ready to drink chocolate-based beverages” in International Class 30,
`
`which registration issued June 3, 2014 and is based on an application filed in the PTO on May 15,
`
`2013. The filing date of Opposer’s ’107 Registration is prior to the filing date of the Application.
`
`
`
`
`
`- 10 -
`
`

`

`True and correct copies of the specifics of Opposer’s ’107 Registration obtained from the PTO’s
`
`TESS and Assignment databases are attached hereto as Exhibit 8 and made of record.
`
`18.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,546,402 (the “’402 Registration”) for the mark PUMP UP THE BEAST! for “non-alcoholic
`
`beverages, namely, non-alcoholic and non-carbonated drinks enhanced with vitamins, minerals,
`
`nutrients, proteins, amino acids and/or herbs; non-carbonated energy or sports drinks” in
`
`International Class 32, which registration issued June 10, 2014 and is based on an application
`
`filed in the PTO on May 15, 2013. The filing date of Opposer’s ‘402 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of Opposer’s ’402
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 9 and made of record.
`
`19.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,394,044 (the “’044 Registration”) for the mark UNLEASH THE NITRO BEAST! for “non-
`
`alcoholic beverages, namely, carbonated soft drinks; carbonated drinks enhanced with vitamins,
`
`minerals, nutrients, proteins, amino acids and/or herbs; carbonated energy or sports drinks” in
`
`International Class 32, which registration issued August 27, 2013 and is based on an application
`
`filed in the PTO on December 14, 2010. The filing date of Opposer’s ’044 Registration is prior to
`
`the filing date of the Application. True and correct copies of the specifics of the ’044
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 10 and made of record.
`
`20.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,622,925
`
`(the “’925 Registration”) for the mark UNLEASH THE NITRO BEAST! for “nutritional
`
`supplements in liquid form; nutritional supplement beverages containing vitamins” in
`
`International Class 5, which registration issued December 4, 2018 and is based on an application
`
`
`
`- 11 -
`
`

`

`filed in the PTO on December 14, 2010. The filing date of Opposer’s ’925 Registration is prior to
`
`the filing date of the Application. True and correct copies of the specifics of Opposer’s ’925
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 11 and made of record.
`
`21.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,628,025
`
`(the “’025 Registration”) for the mark REHAB THE BEAST! for “nutritional energy
`
`supplements in liquid form; nutritional supplement beverages containing vitamins” in
`
`International Class 5, which registration issued December 11, 2018 and is based on an application
`
`filed in the PTO on November 3, 2010. The filing date of Opposer’s ’025 Registration is prior to
`
`the filing date of the Application. True and correct copies of the specifics of Opposer’s ’025
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 12 and made of record.
`
`22.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,633,094
`
`(the “’094 Registration”) for the mark UNLEASH THE ULTRA BEAST! for “nutritional energy
`
`supplements in liquid form; nutritional supplement beverages containing vitamins” in
`
`International Class 5, which registration issued December 18, 2018 and is based on an application
`
`filed in the PTO on November 19, 2012. The filing date of Opposer’s ’094 Registration is prior to
`
`the filing date of the Application. True and correct copies of the specifics of Opposer’s ’094
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 13 and made of record.
`
`23.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,783,086
`
`(the “’086 Registration”) for the mark UNLEASH THE SALTY BEAST! for “non-alcoholic
`
`beverages, namely, energy drinks, soft drinks, sports drinks, and fruit juice drinks” in
`
`International Class 32, which registration issued June 18, 2019 and is based on an application filed
`
`
`
`- 12 -
`
`

`

`in the PTO on April 13, 2018. The filing date of Opposer’s ’086 Registration is prior to the filing
`
`date of the Application. True and correct copies of the specifics of Opposer’s ’086 Registration
`
`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 14 and
`
`made of record.
`
`24.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,371,544 (the “’544 Registration”) for the mark UNLEASH THE ULTRA BEAST! for “non-
`
`alcoholic beverages, namely, carbonated soft drinks; carbonated drinks enhanced with vitamins,
`
`minerals, nutrients, proteins, amino acids and/or herbs; carbonated energy drinks and sports
`
`drinks” in International Class 32, which registration issued July 23, 2013 and is based on an
`
`application filed in the PTO on November 19, 2012. The filing date of Opposer’s ’544
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of Opposer’s ’544 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 15 and made of record.
`
`25.
`
`The foregoing registrations are valid, subsisting, unrevoked and uncancelled; as such
`
`they constitute prima facie evidence of the validity of the registered marks and of the registrations
`
`thereof, and of Opposer’s ownership of the marks shown therein. Opposer’s registrations also
`
`constitute notice to Applicant of Opposer’s claim of ownership of the marks shown therein as
`
`provided in Sections 7(b), 22 and 33(a) of the Trademark Act.
`
`26.
`
`Opposer’s Registration Nos. 2,769,364, 4,371,544, 4,336,329, 4,394,044,
`
`4,482,659, 4,482,660, 4,542,107, and 4,546,402 are incontestable. As such, these registrations
`
`constitute conclusive evidence of the validity of the registered marks and of the registration of the
`
`marks, of Opposer’s ownership of its marks, and of Opposer’s exclusive right to use the registered
`
`marks in commerce as provided in Section 33 of the Lanham Act, 15 U.S.C. § 1115.
`
`
`
`
`
`- 13 -
`
`

`

`27.
`
`Since at least before the filing date of the Application, Opposer has continuously
`
`used and promoted the BEAST-inclusive Marks, including as shown in the foregoing registrations,
`
`in interstate commerce in connection with its goods, including the goods identified in such
`
`Registrations. In addition, at least Opposer’s UNLEASH THE BEAST!® mark was well
`
`established and famous long before Applicant filed its Application for registration of Applicant’s
`
`Mark.
`
`28.
`
`Applicant seeks an unrestricted federal registration for Applicant’s Mark covering
`
`the goods set forth in the Application in Classes 25 and 32. As such, if a registration issues for the
`
`Application, such registration will constitute prima facie evidence of the Applicant’s exclusive
`
`right to use Applicant’s Mark in commerce on or in connection with the listed goods throughout
`
`the United States with no limitation thereon.
`
`29.
`
`Opposer will be damaged by registration of the Application in that Applicant’s Mark
`
`so resembles O