Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1139259
`06/09/2021
`
`ESTTA Tracking number:
`
`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
`
`Monster Energy Company
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`06/13/2021
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`ARYEH FEINSTEIN
`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
`
`HANB.12398M
`
`Applicant Information
`
`Application No.
`
`87924907
`
`Publication date
`
`12/15/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`06/09/2021
`
`Opposition Peri-
`od Ends
`
`06/13/2021
`
`Hangzhou Great Star Industrial Co., Ltd.
`NO.35 JIUHUAN ROAD
`JIANGGAN DISTRICT
`HANGZHOU, ZHEJIANG, 310000
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 008. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Stirring sticks for mixing concrete; Center
`punches being hand tools; Hand tools, namely, stamping-out tools; Hand tools, namely, stamps;
`Hand tools, namely, post hole diggers; Hand drills, hand-operated; Utility knives; Hand tools, namely,
`augers; Air pumps, hand-operated; Handtools, namely, punches
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights as asserted in the Notice of
`Opposition
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4721433
`
`Registration Date
`
`04/14/2015
`
`Word Mark
`
`Design Mark
`
`MONSTER ENERGY
`
`Application Date
`
`03/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`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.
`
`4660598
`
`Registration Date
`
`12/23/2014
`
`Word Mark
`
`Design Mark
`
`M MONSTER ENERGY
`
`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 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.
`
`4332062
`
`Registration Date
`
`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.
`
`3908601
`
`Registration Date
`
`01/18/2011
`
`Word Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`
`3923683
`
`Registration Date
`
`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.
`
`3908600
`
`Registration Date
`
`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 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.
`
`3914828
`
`Registration Date
`
`02/01/2011
`
`Word Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`
`3044315
`
`Registration Date
`
`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.
`
`4036680
`
`Registration Date
`
`10/11/2011
`
`Word Mark
`
`MONSTER ENERGY
`
`Application Date
`
`09/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`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.
`
`4036681
`
`Registration Date
`
`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.
`
`3057061
`
`Registration Date
`
`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.
`
`3959457
`
`Registration Date
`
`05/10/2011
`
`Word Mark
`
`Design Mark
`
`JAVA MONSTER
`
`Application Date
`
`12/08/2005
`
`Foreign Priority
`Date
`
`NONE
`
`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.
`
`3044314
`
`Registration Date
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`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
`
`U.S. Registration
`No.
`
`3852118
`
`Registration Date
`
`09/28/2010
`
`Application Date
`
`02/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`LO-CARB MONSTER ENERGY
`
`

`

`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.
`
`3134842
`
`Registration Date
`
`08/29/2006
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`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
`
`86219332#TMSN.png( bytes )
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`77276979#TMSN.png( bytes )
`77276989#TMSN.png( bytes )
`78769836#TMSN.png( bytes )
`77670729#TMSN.png( bytes )
`2021-06-09 NOTICE OF OPPOSITION - SER NO 87924907 -
`HANB.12398M.pdf(1269426 bytes )
`EX 1 REG NO 4721433- HANB.12398M.pdf(1175680 bytes )
`EX 2 REG NO 4660598- HANB.12398M.pdf(1676786 bytes )
`EX 3 REG NO 4332062- HANB.12398M.pdf(1572768 bytes )
`EX 4 REG NO 3908601- HANB.12398M.pdf(1691484 bytes )
`EX 5 REG NO 3923683- HANB.12398M.pdf(1658689 bytes )
`
`

`

`EX 6 REG NO 3908600- HANB.12398M.pdf(1661637 bytes )
`EX 7 REG NO 3914828- HANB.12398M.pdf(1645064 bytes )
`EX 8 REG NO 3044315- HANB.12398M.pdf(1195367 bytes )
`EX 9 REG NO 4036680- HANB.12398M.pdf(1201683 bytes )
`EX 10 REG NO 4036681- HANB.12398M.pdf(1216716 bytes )
`EX 11 REG NO 3057061- HANB.12398M.pdf(1202354 bytes )
`EX 12 REG NO 3959457- HANB.12398M.pdf(1739932 bytes )
`EX 13 REG NO 3044314- HANB.12398M.pdf(1194872 bytes )
`EX 14 REG NO 3852118- HANB.12398M.pdf(1701392 bytes )
`EX 15 REG NO 3134842- HANB.12398M.pdf(1204157 bytes )
`
`Signature
`
`/Ari Feinstein/
`
`Name
`
`Date
`
`ARYEH FEINSTEIN
`
`06/09/2021
`
`

`

`HANB.12398M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 87/924907
`
`Mark:
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY
`
`
`
`
`
`HANGZHOU GREAT STAR INDUSTRIAL CO., LTD,
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`
`Monster Energy Company (“Opposer”), a Delaware corporation, located and doing
`
`business at 1 Monster Way, Corona, California 92879, believes that it will be damaged by
`
`registration of U.S. Trademark Application Serial No. 87/924907 (the “Application”) for the
`
`mark
`
` (“Applicant’s Mark”) filed by Hangzhou Great Star Industrial Co., Ltd.
`
`(“Applicant”) and therefore opposes the same.
`
`
`
`As grounds for opposition, it is alleged:
`
`
`
`1.
`
`By the Application filed on May 17, 2018, Applicant seeks to obtain registration on
`
`the Principal Register for Applicant’s Mark for “Stirring sticks for mixing concrete; Center
`
`punches being hand tools; Hand tools, namely, stamping-out tools; Hand tools, namely, stamps;
`
`- 1 -
`
`

`

`Hand tools, namely, post hole diggers; Hand drills, hand-operated; Utility knives; Hand tools,
`
`namely, augers; Air pumps, hand-operated; Hand tools, namely, punches” in International Class
`
`8.
`
`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/or sale of energy drinks,
`
`nutritional supplements, clothing, hats, bags, helmets, gloves, sports equipment, stickers,
`
`lanyards, accessories, and other products under the marks MONSTER™ and MONSTER
`
`ENERGY® and related marks, all containing “MONSTER.” Opposer’s family of MONSTER
`
`Marks includes, for example, the following: MONSTER™, MONSTER ENERGY®, JAVA
`
`MONSTER®, M MONSTER ENERGY®, LO-CARB MONSTER ENERGY®, and
`
`®
`
`(hereinafter collectively the “MONSTER Marks”).
`
`3.
`
`Since at least before the filing date of the Application, Opposer has continuously
`
`used and promoted its MONSTER Marks. Opposer’s family of MONSTER Marks is the subject
`
`of substantial and continuous marketing and promotion by Opposer in connection with its
`
`MONSTER line of drinks and clothing, gloves, headgear, helmets, decals, bags and numerous
`
`other products.
`
`4.
`
`Opposer has and continues to widely market and promote its family of
`
`MONSTER Marks to consumers by, for example, displaying one or more of the MONSTER
`
`Marks extensively on apparel, merchandise, and product samplings; on billions of cans; on
`
`promotional and point of sale materials; in magazines and other publications; on the
`
`monsterenergy.com website, monsterarmy.com website and other Internet websites and social
`
`media sites; and at trade shows, concert tours and live events. In addition, Opposer promotes the
`
`
`
`- 2 -
`
`

`

`MONSTER Marks through, for example, the sponsorship of music festivals, athletes and athletic
`
`teams, and sports events that are televised nationwide and internationally. Representative
`
`examples of goods and events using the MONSTER Marks are shown below.
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`

`
`
`5.
`
`Many of Opposer’s sponsorships involve athletes and teams that are co-sponsored
`
`by tool companies such as Dewalt, Stanley, MAC Tools, Mechanix Wear, Makita, and
`
`GearWrench. Representative images showing Opposer and tool companies co-sponsoring
`
`motorsport athletes and/or teams are shown below:
`
`
`
`
`
`
`
`- 4 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 5 -
`
`
`
`

`

`6.
`
`Opposer and Opposer’s licensees have also engaged in the marketing, sale, and
`
`distribution of tools and tool equipment in connection with the MONSTER Marks, including tool
`
`boxes, tool kits, and hand tools, such as hammers, pliers, and wrenches, and screw drivers.
`
`Representative images of Opposer’s Monster-branded tool boxes and tool kits are shown below:
`
`
`
`
`
`- 6 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`- 7 -
`
`

`

`
`
`
`
`7.
`
`Opposer has also engaged in various promotional activities and contests with tool
`
`companies and in the tool industry since at least 2006. For example, between September 2006
`
`and January 2007, Opposer engaged in a marketing campaign with Makita. Under this program,
`
`known as the Monster Makita Ultimate Truck Sweepstakes, the grand-prize winner received a
`
`GMC truck filled with MONSTER ENERGY® drinks and Makita tools. Seventy-five (75) first
`
`prizewinners also received a Makita LXT600 six-piece combo tool kit valued at $699. An
`
`advertisement for this sweepstakes is shown below:
`
`
`
`- 8 -
`
`

`

`
`
`Opposer also markets and promotes its beverage products in stores that are not
`
`
`
`8.
`
`traditional beverage channels, such as Lowe’s, Auto Zone, and Home Depot. For example,
`
`Opposer conducts sampling events and other activities featuring the MONSTER Marks in
`
`hardware and department stores such as Lowe’s, Home Depot, Sears, and Walmart. For
`
`example, pictures showing Monster’s products being sampled in a Home Depot store are shown
`
`below:
`
`
`
`- 9 -
`
`

`

`
`
`9.
`
`There is a huge demand for goods bearing Opposer’s MONSTER marks. For
`
`example, in the United States, Opposer’s licensees have sold licensed products bearing Opposer’s
`
`MONSTER marks to consumers in all 50 states through their own websites and through
`
`nationwide retailers. Those nationwide retailers have also sold the licensed products bearing
`
`Opposer’s MONSTER marks through their own websites. These licensees also sell the licensed
`
`products bearing the MONSTER marks throughout the world including on websites, in retail
`
`stores, and at sporting events.
`
`10.
`
`By virtue of Opposer’s continuous and substantial use, the MONSTER Marks have
`
`become famous identifiers of Opposer such that consumers have come to recognize a family of
`
`MONSTER Marks with which Opposer markets and sells its goods and services. As a result,
`
`Opposer has built up, at great expense and effort, valuable goodwill in its family of MONSTER
`
`Marks and has developed strong common law rights in Opposer’s MONSTER Marks, which
`
`have appeared helmets, gloves, clothing, other merchandise, on billions of cans of beverages and
`
`nutritional supplements, and in extensive nationwide promotions. Opposer’s common law rights
`
`
`
`- 10 -
`
`

`

`in its family of MONSTER Marks predate the filing date of the Application, and Opposer relies
`
`on its common law trademark rights.1
`
`Mark
`
`Goods/Services
`
`Registration
`No.
`4,721,433
`
`MONSTER
`ENERGY®
`
`First Use
`Date
`1/4/2003
`
`Filing Date Registration
`Date
`4/15/2015
`
`3/12/2014
`
`12/20/2006
`
`8/26/2013
`
`12/23/2014
`
`12/2006
`
`10/5/2012
`
`5/7/2013
`
`5/24/2002
`
`4/2/2009
`
`1/18/2011
`
`5/2004
`
`4/2/2009
`
`2/22/2011
`
`Cl. 35 promoting goods
`and services in the sports,
`motorsports, electronic
`sports, and music industries
`through the distribution of
`printed, audio and visual
`promotional materials;
`promoting sports and music
`events and competitions for
`others
`Cl. 22 lanyards; Lanyards
`for holding whistles, keys,
`eyeglasses, sunglasses,
`mobile telephones, badges,
`identification cards, event
`passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences
`Cl. 14 silicone wrist bands;
`Silicone bracelets; Jewelry,
`namely, bracelets and
`wristbands
`CL. 25 clothing, namely, t-
`shirts, hooded shirts and
`hooded sweatshirts, sweat
`shirts, jackets, pants,
`bandanas, sweat bands and
`gloves; headgear, namely,
`hats and beanies
`Cl. 18 all purpose sport
`bags; all-purpose carrying
`bags; backpacks; duffle
`bags
`
`4,660,598
`
`M MONSTER
`ENERGY®
`
`4,332,062
`
`®
`
`3,908,601
`
`MONSTER
`ENERGY®
`
`3,923,683
`
`®
`
`
`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.
`
`
`
`- 11 -
`
`

`

`3,908,600
`
`Cl. 16 stickers; sticker kits
`comprising stickers and
`decals; decals
`
`1/2004
`
`
`4/2/2009
`
`1/18/2011
`
`3,914,828
`
`Cl. 9 sports helmets
`
`®
`
`1/2006
`
`
`4/2/2009
`
`2/1/2011
`
`3/27/2002
`
`5/23/2002
`
`
`1/17/2006
`
`3/27/2002
`
`9/11/2007
`
`10/11/2011
`
`3/27/2002
`
`09/11/2007
`
`10/11/2011
`
`3/27/2002
`
`4/18/2002
`
`2/7/2006
`
`4/27/2007
`
`12/8/2005
`
`5/10/2011
`
`3,044,315
`
`®
`MONSTER
`ENERGY®
`
`4,036,680
`
`4,036,681
`
`MONSTER
`ENERGY®
`MONSTER
`ENERGY®
`
`3,057,061
`
`MONSTER
`ENERGY®
`
`3,959,457
`
`JAVA
`MONSTER®
`
`Cl. 5 nutritional
`supplements in liquid form,
`but excluding perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Cl. 5 nutritional
`supplements in liquid form
`CL. 32 non-alcoholic
`beverages, namely, energy
`drinks, excluding
`perishable beverage
`products that contain fruit
`juice or soy
`Cl. 32 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, minerals,
`nutrients, amino acids
`and/or herbs, but excluding
`perishable beverage
`products that contain fruit
`juice or soy, whether such
`products are pasteurized or
`not
`Cl. 32 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
`
`
`
`- 12 -
`
`

`

`3/27/2002
`
`5/23/2003
`
`1/17/2006
`
`2/13/2009
`
`9/28/2010
`
`All classes
`8/2003
`
`
`
`
`
`3/27/2002
`
`5/7/2003
`
`8/29/2006
`
`3,044,314
`
`M MONSTER
`ENERGY®
`
`3,852,118
`
`LO-CARB
`MONSTER
`ENERGY®
`
`3,134,842
`
`M MONSTER
`ENERGY®
`
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Cl. 5 nutritional
`supplements in liquid form,
`but excluding perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Cl. 5 nutritional
`supplements
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, drinks enhanced
`with vitamins, minerals,
`nutrients, amino acids
`and/or herbs
`Cl. 32 beverages, namely,
`carbonated soft drinks,
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients, amino
`acids and/or herbs,
`carbonated energy or sports
`drinks, fruit juice drinks
`having a juice content of
`50% or less by volume that
`are shelf stable, but
`excluding perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`
`
`
`11.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on
`
`incontestable U.S. Trademark Registration 4,721,433 (the “’433 Registration”) for the mark
`
`MONSTER ENERGY for “promoting goods and services in the sports, motorsports, electronic
`
`sports, and music industries through the distribution of printed, audio and visual promotional
`
`materials; promoting sports and music events and competitions for others” in International Class
`
`35, which registration issued April 14, 2015 and is based on an application filed in the United
`
`States Patent and Trademark Office (“PTO”) on March 12, 2014. The filing date of Opposer’s
`
`
`
`- 13 -
`
`

`

`’433 Registration is prior to the filing date of the Application. True and correct copies of the
`
`specifics of the ’433 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 1 and made of record.
`
`12.
`
` Opposer owns and relies on U.S. Trademark Registration 4,660,598 (the “’598
`
`Registration”) for the mark M MONSTER ENERGY for “lanyards; lanyards for holding
`
`whistles, keys, eyeglasses, sunglasses, mobile telephones, badges, identification cards, event
`
`passes, media passes, photographs, recording equipment, or similar conveniences” in
`
`International Class 22, which registration issued December 23, 2014 and is based on an
`
`application filed in the PTO on August 26, 2013. The filing date of Opposer’s ’598 Registration
`
`is prior to the filing date of the Application. True and correct copies of the specifics of the ’598
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 2 and made of record.
`
`13.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration 4,332,062
`
`(the “’062 Registration”) for the mark
`
` for “silicone wrist bands; silicone
`
`bracelets; jewelry, namely, bracelets and wristbands” in International Class 14, which
`
`registration issued May 7, 2013 and is based on an application filed in the PTO on October 5,
`
`2012. The filing date of Opposer’s ’062 Registration is prior to the filing date of the
`
`Application. True and correct copies of the specifics of the ’062 Registration obtained from the
`
`PTO’s TESS and Assignment databases are attached hereto as Exhibit 3 and made of record.
`
`14.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration 3,908,601
`
`(the “’601 Registration”) for the mark
`
` for “clothing, namely, t-shirts, hooded shirts and
`
`hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves; headgear,
`
`
`
`- 14 -
`
`

`

`namely, hats and beanies” in International Class 25, which registration issued January 18, 2011
`
`and is based on an application filed in the PTO on April 2, 2009. The filing date of Opposer’s
`
`’601 Registration is prior to the filing date of the Application. True and correct copies of the
`
`specifics of the ’601 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 4 and made of record.
`
`15.
`
`Opposer owns and relies on U.S. Trademark Registration 3,923,683 (the “’683
`
`Registration”) for the mark
`
` for “all purpose sport bags; all-purpose carrying bags;
`
`backpacks; duffle bags” in International Class 18, which registration issued February 22, 2011
`
`and is based on an application filed in the PTO on April 2, 2009. The filing date of Opposer’s
`
`’683 Registration is prior to the filing date of the Application. True and correct copies of the
`
`specifics of the ’683 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 5 and made of record.
`
`16.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration 3,908,600
`
`(the “’600 Registration”) for the mark
`
` for “stickers; sticker kits comprising stickers and
`
`decals; decals” in International Class 16, which registration issued January 18, 2011 and is based
`
`on an application filed in the PTO on April 2, 2009. The filing date of Opposer’s ’600
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’600 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 6 and made of record.
`
`
`
`
`
`
`
`
`
`- 15 -
`
`

`

`17.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration 3,914,828
`
`(the “’828 Registration”) for the mark
`
` for “sports helmets” in International Class 9, which
`
`registration issued February 1, 2011 and is based on an application filed in in the PTO on April 2,
`
`2009. The filing date of Opposer’s ’828 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of the ’828 Registration obtained from the PTO’s TESS
`
`and Assignment databases are attached hereto as Exhibit 7 and made of record.
`
`18.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,044,315 (the “’315 Registration”) for the mark MONSTER ENERGY for “nutritional
`
`supplements in liquid form, but excluding perishable beverage products that contain fruit juice or
`
`soy, whether such products are pasteurized or not” in International Class 5, which registration
`
`issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003. The
`
`filing date of Opposer’s ’315 Registration is prior to the filing date of the Application. True and
`
`correct copies of the specifics of the ’315 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 8 and made of record.
`
`19.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration 4,036,680
`
`(the “’680 Registration”) for the mark MONSTER ENERGY for “nutritional supplements in
`
`liquid form” in International Class 5, which registration issued October 11, 2011 and is based on
`
`an application filed in the PTO on September 11, 2007. The filing date of Opposer’s ’680
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’680 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 9 and made of record.
`
`20.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration 4,036,681
`
`(the “’681 Registration”) for the mark MONSTER ENERGY for “non-alcoholic beverages,
`
`
`
`- 16 -
`
`

`

`namely, energy drinks, excluding perishable beverage products that contain fruit juice or soy” in
`
`International Class 32, which registration issued October 11, 2011 and is based on an application
`
`filed in the PTO on September 11, 2007. The filing date of Opposer’s ’681 Registration is prior to
`
`the filing date of the Application. True and correct copies of the specifics of the ’681 Registration
`
`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 10 and
`
`made of record.
`
`21.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,057,061 (the “’061 Registration”) for the mark MONSTER ENERGY for “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, minerals, nutrients, amino acids and/or herbs, but
`
`excluding perishable beverage products that contain fruit juice or soy, whether such products are
`
`pasteurized or not” in International Class 32, which registration issued February 7, 2006 and is
`
`based on an application filed in the PTO on April 18, 2002. The filing date of Opposer’s ’061
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’061 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 11 and made of record.
`
`22.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,959,457 (the “’457 Registration”) for the mark JAVA MONSTER for “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 pasteurized or not” in International Class 32, which registration issued May 10,
`
`2011 and is based on an application filed in the PTO on December 8, 2005. The filing date of
`
`Opposer’s ’457 Registration is prior to the filing date of the Application. True and correct copies
`
`
`
`- 17 -
`
`

`

`of the specifics of the ’457 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 12 and made of record.
`
`23.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,044,314 (the “’314 Registration”) for the mark M MONSTER ENERGY for “nutritional
`
`supplements in liquid form, but excluding perishable beverage products that contain fruit juice or
`
`soy, whether such products are pasteurized or not” in International Class 5, which registration
`
`issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003. The
`
`filing date of the Opposer’s ’314 Registration is prior to the filing date of the Application. True and
`
`correct copies of the specifics of the ’314 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 13 and made of record.
`
`24.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,852,118 (the “’118 Registration”) for the mark LO-CARB MONSTER ENERGY for
`
`“nutritional supplements” in International Class 5 and “non-alcoholic beverages, namely, energy
`
`drinks, drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs” in
`
`International Class 32, which registration issued September 28, 2010 and is based on an
`
`application filed in the PTO on February 13, 2009. The filing date of Opposer’s ’118 Registration
`
`is prior to the filing date of the Application. True and correct copies of the specifics of the ’118
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 14 and made of record.
`
`25.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,134,842 (the “’842 Registration”) for the mark M MONSTER ENERGY for “beverages,
`
`namely, carbonated soft drinks, carbonated drinks enhanced with vitamins, minerals, nutrients,
`
`amino acids and/or herbs, carbonated energy or sports drinks, fruit juice drinks having a juice
`
`content of 50% or less by volume that are shelf stable, but excluding perishable beverage
`
`
`
`- 18 -
`
`

`

`products that contain fruit juice or soy, whether such products are pasteurized or not” in
`
`International Class 32, which registration issued August 29, 2006 and is based on an application
`
`filed in the PTO on May 7, 2003. The filing date of Opposer’s ’842 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of the ’842 Registration
`
`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 15 and
`
`made of record.
`
`26.
`
`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 O