Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1141773
`06/21/2021
`
`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
`
`06/23/2021
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`ARI FEINSTEIN
`KNOBBE MARTENS OLSON & BEAR LLP
`1717 PENNSYLVANIA AVENUE. NW, STE. 900
`WASHINGTON, DC 20006
`UNITED STATES
`Primary Email: efiling@knobbe.com
`Secondary Email(s): MEC.TTAB@knobbe.com
`(202) 640-6400
`
`Docket Number
`
`HANB.12951M
`
`Applicant Information
`
`Application No.
`
`90086655
`
`Publication date
`
`02/23/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`06/21/2021
`
`Opposition Peri-
`od Ends
`
`06/23/2021
`
`Domain Technologies, LLC
`125 SW 3RD PLACE, SUITE 205
`CAPE CORAL, FL 33991
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: On-line retail store services and web-based
`catalog services featuring health related products, clothing, home goods, pet products, personal care
`products, health food, health snacks, nutritional anddietary supplements, protein powders, nutritional
`supplement drink mixes, vitamins, multivitamins, probiotics, protein bars, cooking oil, supplement
`powder, protein powder, coffee, tea, meat, sauces and pastes, seafood, fruit puree, vegetable puree,
`pickled vegetables and fruits, fermented vegetables, fermented fruits, dried vegetables and fruits,
`jerky, oils for foods, seed-based snack foods, nut-based snack foods, fruit based snack foods, veget-
`able-based snack foods, snackbars in the nature of seed-based snack bars, nut-based snack bars,
`fruit based snack bars, vegetable-based snack bars, prepared edible seeds, not being seasonings or
`flavorings, drinks in the nature of kvass, fermented fruit and vegetable juices, concentrates and
`powders used inthe preparation of vegetable-flavored beverages, and non-alcoholic beverages,
`namely, carbonated beverages, non-alcoholic ciders, personal care products, skin moisturizers, sun
`
`

`

`care, essential oils, hair care, lotion, deodorant, toothpaste, bath soaps and salts, dental floss, oral
`rinse, feminine products and estheticcotton, air purifiers, air purifier replacement filters, water filters,
`cookware and cutlery, cutting boards, pans, multi-surface spray and surface disinfectant, bed linens,
`blenders, juice extractors, yogurt makers, salt slab, shopping bags, toilet paper, laundry and dish de-
`tergent, wool dryer balls, towels, bed linens, cotton products, bath tissue, step stools, apparel, hats,
`shirts, jackets, bottles, workout equipment, diffusers, salt lamps, pillows, books, CDs, DVDs, testing
`kits, blue tube headset, pet supplies, non-medicated shampoo for pets, nutritional supplements for
`pets, medicated pet shampoo, medicated pet shampoo for preventing fleas and ticks, medicated
`powder for preventing fleas and ticks, medicated oral care products for pets, namely, pet toothpaste
`and pet mouthwash, pettoys, pet food and pet treats, pet beds, catnip, poop bags and dispensers,
`pet stain and odor removers
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Other
`
`Trademark Act Sections 2 and 43(c)
`
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3434821
`
`Registration Date
`
`05/27/2008
`
`Word Mark
`
`Design Mark
`
`M
`
`Application Date
`
`09/07/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letter "m" in the form of a claw.
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements
`
`U.S. Registration
`No.
`
`4865702
`
`Application Date
`
`02/02/2015
`
`

`

`Registration Date
`
`12/08/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`M MONSTER ENERGY
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in green
`above the stylized word "MONSTER" which appears in the color white, which is
`above the word "ENERGY" which appears in the color green, all on a black
`background.
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`U.S. Registration
`No.
`
`5022676
`
`Registration Date
`
`08/16/2016
`
`Word Mark
`
`M
`
`Application Date
`
`05/28/2014
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green letter "M"in the form of a claw.
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`U.S. Registration
`No.
`
`4865703
`
`Registration Date
`
`12/08/2015
`
`Application Date
`
`02/02/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`M LO-CARB MONSTER ENERGY
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in blue
`above the word "LO-CARB" in the color blue, which is above the word "MON-
`STER" in white, which is above the word "ENERGY" in blue, all on a black back-
`ground.
`
`Class 005. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Nutritional supplements in liquid form containing low carbohydrates
`Class 032. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`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;all the forgoing containing low car-
`bohydrates
`
`U.S. Registration
`No.
`
`5008850
`
`Registration Date
`
`07/26/2016
`
`Application Date
`
`02/10/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`M MONSTER ASSAULT ENERGY
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in red,
`above the stylized word "MONSTER", which appears in white, which is above
`the word "ASSAULT", which appears in the color red within a partial red rect-
`angle,above the wording "ENERGY", which appears in white, all on black, gray,
`and light gray camouflage patterned background.
`
`Class 005. First use: First Use: 2013/03/00 First Use In Commerce: 2013/03/00
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2013/03/00 First Use In Commerce: 2013/03/00
`Non-alcoholic beverages, namely, soft drinks, carbonated soft drinks, energy
`drinks, and sports drinks; energy drinks and sports drinks enhanced with vitam-
`ins,minerals, nutrients, amino acids and/orherbs
`
`U.S. Registration
`No.
`
`4865714
`
`Registration Date
`
`12/08/2015
`
`Word Mark
`
`M JAVA MONSTER
`
`Application Date
`
`02/04/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in gold
`and outlined in black, above the word "JAVA", which appears in brown outlined
`in black, which is above the word "MONSTER", which appears in brown outlined
`in black, all on a light brown colored wood grain background.
`
`Class 005. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Nutritional supplements in liquid form with coffee as an ingredient
`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
`Class 032. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Non-alcoholic beverages, namely, soft drinks with coffee as an ingredient; non-
`alcoholic and non-carbonated drinks enhanced with vitamins, minerals, nutri-
`ents,proteins, amino acids and/or herbs withcoffee as an ingredient; non-
`carbonatedenergy or sports drinks with coffee as an ingredient
`
`U.S. Registration
`No.
`
`4849687
`
`Registration Date
`
`11/10/2015
`
`Application Date
`
`02/02/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`M MONSTER ENERGY ULTRA BLUE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in silver
`outlined in black, above the stylized word "MONSTER", which appears in black
`and outlined in silver, which is above the word "ENERGY", which appears in the
`color white, above the wording "ULTRA BLUE", which appears in black outlined
`in silver, all on a blue background with a silver decorative pattern concen-
`tratedprimarily around the left and right borders.
`
`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, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`U.S. Registration
`No.
`
`4849688
`
`Registration Date
`
`11/10/2015
`
`Application Date
`
`02/02/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`M MONSTER ENERGY ULTRA RED
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in silver
`outlined in black, above the stylized word "MONSTER", which appears in black
`and outlined in silver, which is above the word "ENERGY", which appears in the
`color white, above the wording "ULTRA RED", which appears in black outlined
`insilver, all on a red background with a silver decorative pattern concentrated
`primarily around the left and right borders.
`
`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, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`U.S. Registration
`No.
`
`4849747
`
`Registration Date
`
`11/10/2015
`
`Application Date
`
`02/10/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`M MONSTER ENERGY ZERO ULTRA
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in silver
`and outlined in black above the word "MONSTER", in black and outlined in sil-
`ver, which is above the word "ENERGY",which appears in the color blue and is
`outlined in silver, which is above the wording "ZERO ULTRA", in black and out-
`lined in silver, all on a white backgroundwith a silver decorative pattern concen-
`trated primarily around the left and right borders.
`
`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, and sports drinks; energy drinks and sports drinks enhanced with vitam-
`ins,minerals, nutrients, amino acids and/orherbs
`
`U.S. Registration
`No.
`
`5580962
`
`Registration Date
`
`10/09/2018
`
`Word Mark
`
`M
`
`Application Date
`
`05/17/2018
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a green letter "M"in the form of a claw on a black back-
`ground.
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/03/27
`Nutritional supplements; nutritional supplements for purposes of boosting en-
`ergy; dietary supplemental drinks in the nature of vitamin beverages
`Class 009. First use: First Use: 2002/06/30 First Use In Commerce: 2002/06/30
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports
`Class 014. First use: First Use: 2010/01/14 First Use In Commerce: 2010/01/14
`Silicone wristbands in the nature of bracelets; silicone bracelets; jewelry,
`namely, bracelets and wristbands; lanyard necklace; watches
`Class 016. First use: First Use: 2004/01/00 First Use In Commerce: 2004/01/00
`Stickers, sticker kits comprising stickers and decals; decals; posters; calendars
`Class 018. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`All-purpose sport bags; all-purpose carrying bags; backpacks; duffel bags
`Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts; sweat
`shirts,jackets, pants, bandanas, sweat bands, gloves and motorcycle gloves;
`headgear, namely, hats and beanies
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/03/27
`Non-alcoholic beverages, namely, energydrinks, sports drinks, and sports and/or
`energy drinks enhanced with vitamins, minerals, nutrients, amino acids and/or
`herbs
`
`U.S. Registration
`No.
`
`2903214
`
`Registration Date
`
`11/16/2004
`
`Word Mark
`
`M
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Drinks, namely, carbonated soft drinks,carbonated drinks enhanced with vitam-
`ins, minerals, nutrients, amino acids and/or herbs, carbonated and non-
`carbonated energy or sports drinks, fruit juice drinks having a juice content of
`50% or less by volume that are shelf stable, [ andwater; ]*but excluding perish-
`able beverage products that contain fruit juice orsoy, whether such products are
`pasteurized or not.*
`
`U.S. Registration
`No.
`
`3434822
`
`Registration Date
`
`05/27/2008
`
`Word Mark
`
`M
`
`Application Date
`
`09/07/2007
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letter "m" in the form of a claw.
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. Registration
`No.
`
`3134841
`
`Registration Date
`
`08/29/2006
`
`Word Mark
`
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`

`

`Goods/Services
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced
`withvitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and
`non-carbonated ] energy and sports drinks, fruit juice drinks having a juice con-
`tent of 50% or less by volume that are shelf stable, [ and aerated water, soda
`water and seltzer water, ] but excluding perishable beverage products that con-
`tain fruit juice or soy, whether such products are pasteurized or not
`
`U.S. Registration
`No.
`
`4625118
`
`Registration Date
`
`10/21/2014
`
`Word Mark
`
`Design Mark
`
`M
`
`Application Date
`
`06/04/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letter "M" in the form of a claw.
`
`Class 029. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee en-
`ergy shakes; chocolate energy shakes
`Class 030. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Ready to drink tea and tea based beverages; ready to drink flavored tea, tea
`based beverages; ready to drink coffee andcoffee based beverages; ready to
`drink flavored coffee and coffee based beverages; ready to drink chocolate-
`based beverages
`
`U.S. Registration
`No.
`
`4051650
`
`Registration Date
`
`11/08/2011
`
`Word Mark
`
`M
`
`Application Date
`
`07/28/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter M in the form of a claw.
`
`Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat
`shirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely
`hats and beanies
`
`U.S. Registration
`No.
`
`3908601
`
`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 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.
`
`5570782
`
`Registration Date
`
`09/25/2018
`
`Word Mark
`
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`05/17/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in green
`above the stylized word "MONSTER" which appears in the color white with a sil-
`ver outline, which is above the word "ENERGY" which appears in the color
`green, all on a black background.
`
`Class 009. First use: First Use: 2002/06/30 First Use In Commerce: 2002/06/30
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports
`Class 014. First use: First Use: 2010/06/30 First Use In Commerce: 2010/06/30
`Watches
`Class 016. First use: First Use: 2004/01/00 First Use In Commerce: 2004/01/00
`Stickers, sticker kits comprising stickers and decals; decals; posters; calendars
`Class 018. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`All-purpose sport bags; all-purpose carrying bags; backpacks; duffel bags
`Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts; sweat
`shirts,jackets, pants, bandanas, sweat bands, gloves and motorcycle gloves;
`headgear, namely, hats and beanies
`
`U.S. Registration
`
`5813698
`
`Application Date
`
`01/16/2019
`
`

`

`No.
`
`Registration Date
`
`07/23/2019
`
`Word Mark
`
`Design Mark
`
`M HYDRO
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a 3D drawing of a stylized letter "M" in the form of a claw to
`the left of the word "HYDRO".
`
`Class 025. First use: First Use: 2017/12/15 First Use In Commerce: 2017/12/15
`Tops being clothing; shirts; t-shirts
`
`U.S. Registration
`No.
`
`5551230
`
`Registration Date
`
`08/28/2018
`
`Word Mark
`
`Design Mark
`
`M MONSTER ARMY
`
`Application Date
`
`02/12/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a bird with outspread wings with a shield over its chest
`bearing a stylized letter "M" with the word "MONSTER ARMY" written between
`two five-pointed stars on a ribbon below the shield. The bottom of the bird and
`three five-pointed starts appear below the ribbon.
`
`Class 025. First use: First Use: 2010/05/00 First Use In Commerce: 2010/05/00
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: 2005/05/00 First Use In Commerce: 2005/05/00
`
`

`

`Providing a web site featuring entertainment information and news on athletes;
`organizing and conducting educational programs and activities in the nature of
`classes, workshops, and sports competitions for athletes in the field of athlete
`development; athlete development program, namely, athlete training and ment-
`oringin the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. Registration
`No.
`
`4721432
`
`Registration Date
`
`04/14/2015
`
`Word Mark
`
`Design Mark
`
`M
`
`Application Date
`
`03/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letter "M" in the form of a claw.
`
`Class 035. First use: First Use: 2003/01/04 First Use In Commerce: 2003/01/04
`Promoting goods and services in the sports, motorsports, electronic sports,
`andmusic industries through the distribution of printed, audio and visual promo-
`tional materials; promoting sports and music events and competitions for others
`
`U.S. Registration
`No.
`
`5962498
`
`Registration Date
`
`01/14/2020
`
`Word Mark
`
`M HYDRO
`
`Application Date
`
`08/17/2018
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a 3D drawing of a stylized letter "M" in the form of a claw to
`the left of the stylized word "HYDRO" enclosed in a shaded rectangle with
`curved corners.
`
`Class 032. First use: First Use: 2017/03/01 First Use In Commerce: 2017/03/01
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`U.S. Registration
`No.
`
`5820903
`
`Registration Date
`
`07/30/2019
`
`Word Mark
`
`Design Mark
`
`M HYDRO
`
`Application Date
`
`01/16/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a 3D drawing of a stylized letter "M" in the form of a claw
`with the word "HYDRO" on the right side.
`
`Class 018. First use: First Use: 2018/01/05 First Use In Commerce: 2018/01/05
`Sports bags; gym bags; athletic bags; traveling bags; all-purpose carrying bags;
`backpacks; general purpose bags for carrying yoga equipment
`Class 024. First use: First Use: 2018/01/08 First Use In Commerce: 2018/01/08
`Towels; blankets for outdoor use
`Class 027. First use: First Use: 2017/12/05 First Use In Commerce: 2017/12/05
`
`

`

`Yoga mats
`
`U.S. Registration
`No.
`
`5413560
`
`Registration Date
`
`02/27/2018
`
`Word Mark
`
`Design Mark
`
`M HYDRO
`
`Application Date
`
`05/20/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a 3D drawing of a stylized letter "M" in the form of a claw
`with the word "HYDRO" on the right side.
`
`Class 032. First use: First Use: 2017/03/01 First Use In Commerce: 2017/03/01
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`Attachments
`
`77274643#TMSN.png( bytes )
`86521176#TMSN.png( bytes )
`86979712#TMSN.png( bytes )
`86521200#TMSN.png( bytes )
`86530121#TMSN.png( bytes )
`86524831#TMSN.png( bytes )
`86521930#TMSN.png( bytes )
`86521935#TMSN.png( bytes )
`86530140#TMSN.png( bytes )
`87926413#TMSN.png( bytes )
`78246564#TMSN.png( bytes )
`77274662#TMSN.png( bytes )
`78246567#TMSN.png( bytes )
`86300585#TMSN.png( bytes )
`85094362#TMSN.png( bytes )
`77705822#TMSN.png( bytes )
`87926415#TMSN.png( bytes )
`88264727#TMSN.png( bytes )
`86906378#TMSN.png( bytes )
`
`

`

`86219319#TMSN.png( bytes )
`88083282#TMSN.png( bytes )
`88264721#TMSN.png( bytes )
`87045265#TMSN.png( bytes )
`2021-06-21 Final Notice of Opposition - 90086655 - HANB.12951M.pdf(996572
`bytes )
`NOP Exhibits 1-12 - HANB.12951M_Part1.pdf(5766903 bytes )
`NOP Exhibits 1-12 - HANB.12951M_Part2.pdf(5374321 bytes )
`NOP Exhibits 1-12 - HANB.12951M_Part3.pdf(2813042 bytes )
`
`Signature
`
`/Ari Feinstein/
`
`Name
`
`Date
`
`Ari Feinstein
`
`06/21/2021
`
`

`

`HANB.12951M
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 90/086655
`
`Mark:
`
`
`
`
`
`) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`DOMAIN TECHNOLOGIES, 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 the
`
`registration of U.S. Trademark Application Serial No. 90/086655 (the “Application”) for the
`
`mark
`
` (“Applicant’s Mark”) filed by Domain Technologies, LLC (“Applicant”) and
`
`therefore opposes the same.
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on July 31, 2020, Applicant seeks to obtain registration on
`
`the Principal Register of Applicant’s Mark for “On-line retail store services and web-based catalog
`
`services featuring health related products, clothing, home goods, pet products, personal care
`
`products, health food, health snacks, nutritional and dietary supplements, protein powders,
`
`- 1 -
`
`

`

`nutritional supplement drink mixes, vitamins, multivitamins, probiotics, protein bars, cooking oil,
`
`supplement powder, protein powder, coffee, tea, meat, sauces and pastes, seafood, fruit puree,
`
`vegetable puree, pickled vegetables and fruits, fermented vegetables, fermented fruits, dried
`
`vegetables and fruits, jerky, oils for foods, seed-based snack foods, nut-based snack foods, fruit
`
`based snack foods, vegetable-based snack foods, snack bars in the nature of seed-based snack bars,
`
`nut-based snack bars, fruit based snack bars, vegetable-based snack bars, prepared edible seeds, not
`
`being seasonings or flavorings, drinks in the nature of kvass, fermented fruit and vegetable juices,
`
`concentrates and powders used in the preparation of vegetable-flavored beverages, and non-
`
`alcoholic beverages, namely, carbonated beverages, non-alcoholic ciders, personal care products,
`
`skin moisturizers, sun care, essential oils, hair care, lotion, deodorant, toothpaste, bath soaps and
`
`salts, dental floss, oral rinse, feminine products and esthetic cotton, air purifiers, air purifier
`
`replacement filters, water filters, cookware and cutlery, cutting boards, pans, multi-surface spray
`
`and surface disinfectant, bed linens, blenders, juice extractors, yogurt makers, salt slab, shopping
`
`bags, toilet paper, laundry and dish detergent, wool dryer balls, towels, bed linens, cotton products,
`
`bath tissue, step stools, apparel, hats, shirts, jackets, bottles, workout equipment, diffusers, salt
`
`lamps, pillows, books, CDs, DVDs, testing kits, blue tube headset, pet supplies, non-medicated
`
`shampoo for pets, nutritional supplements for pets, medicated pet shampoo, medicated pet shampoo
`
`for preventing fleas and ticks, medicated powder for preventing fleas and ticks, medicated oral care
`
`products for pets, namely, pet toothpaste and pet mouthwash, pet toys, pet food and pet treats, pet
`
`beds, catnip, poop bags and dispensers, pet stain and odor removers” in International Class 35 based
`
`on Applicant’s alleged intent-to-use the mark in interstate commerce.
`
`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has been,
`
`and still is, engaged in the development, licensing, marketing, and/or sale of beverages, nutritional
`
`supplements, clothing, and numerous other products bearing Opposer’s
`
`® mark (“Claw Icon”)
`
`- 2 -
`
`

`

`and related marks, including, for example, the following:
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`
`
`®,
`
`®,
`
`®,
`
`®,
`
`®.
`
`®,
`
`®, and
`
`®.
`
`3.
`
`Since at least before the filing date of the Application, Opposer has continuously
`
`used and promoted its Claw Icon mark and related marks in connection with beverages, nutritional
`
`supplements, clothing, and other accessories, in addition to many other goods and services.
`
`4.
`
`In addition to the large demand for Opposer’s beverages that display the Claw Icon
`
`mark on the beverage containers, there is also a large demand for clothing and other merchandise
`
`bearing Opposer’s Claw Icon mark and related marks. Opposer has entered into license agreements
`
`with several manufacturers, giving them a license to produce and sell clothing and other products
`
`that bear Opposer’s Claw Icon mark and related marks. In the United States, Opposer’s licensees
`
`have sold licensed goods bearing Opposer’s Claw Icon mark and related marks to consumers in all
`
`50 states through their own websites and through nationwide retailers. Those nationwide retailers
`
`have also sold Opposer’s licensed goods bearing Opposer’s Claw Icon mark and related marks
`
`through their own websites.
`
`5.
`
`Since 2002, Opposer has continuously used and promoted its Claw Icon in
`
`connection with fitness-related equipment and accessories, fitness beverages, fitness and athletic
`
`events.
`
`- 3 -
`
`

`

`6.
`
`Since 2013, Opposer has also licensed the Claw Icon to several gyms for use on gym
`
`equipment. The Claw Icon appears prominently throughout these gyms, including on gym
`
`equipment, interior gym walls, heavy bags, boxing gloves, cage panels, corner bumpers, banners,
`
`and mats for MMA cages and boxing rings. Gyms that Opposer sponsors or has sponsored include
`
`the Chainsaw Fitness gym and training center in Vista, California; the American Kickboxing
`
`Academy gym in San Jose, California; the Sityodtong Muay Thai Academy in Sommerville,
`
`Maryland; the Alliance Training Center MMA gym in San Diego, California; the Huntington Beach
`
`Training Center in Huntington Beach, California; the Combat Sports Academy MMA, in Dublin,
`
`California; and the Syndicate Mixed Martial Arts gym in Las Vegas, Nevada. Some examples of
`
`Opposer’s use of its Claw Icon on gym equipment are shown below:
`
`
`
`
`
`- 4 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7.
`
`In addition, Opposer has and continues to widely market and promote its Claw Icon
`
`mark and related marks in the industry and to consumers by, for example, displaying the marks
`
`prominently and extensively on billions of cans; on merchandise; on product samplings; on
`
`promotional and point of sale materials; in magazines and other industry publications; on Opposer’s
`
`website and other Internet websites and social media sites; at trade shows; and through the
`
`sponsorship of music festivals, athletes, teams, and sports events that are televised nationwide and
`
`internationally.
`
`
`
`
`
`- 5 -
`
`

`

`8.
`
`By virtue of Opposer’s continuous and substantial use, the Claw Icon mark and
`
`related marks have become famous identifiers of Opposer since long before the filing date of the
`
`Application.
`
`9.
`
`Opposer has built up, at great expense and effort, valuable goodwill in its Claw Icon
`
`mark and related marks and has developed strong common law rights in the marks. Opposer’s
`
`common law rights in its Claw Icon mark and related marks predate the filing date of the
`
`Application, and Opposer relies on these common law trademark rights in this Opposition.
`
`10.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`First Use In
`Commerce
`Date
`March 27,
`2002
`
`Filing Date
`
`Registration
`Date
`
`September 7,
`2007
`
`May 27,
`2008
`
`March 27,
`2002
`
`February 2,
`2015
`
`December 8,
`2015
`
`March 27,
`2002
`
`May 28, 2014
`
`August 16,
`2016
`
`following registrations:
`
`Mark
`
`Registration
`Number
`
`Goods and Services
`
`3,434,821
`
`IC 5: nutritional
`supplements
`
`4,865,702
`
`5,022,676
`
`
`
`
`
`IC 5: nutritional
`supplements in liquid form
`IC 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
`IC 5: nutritional
`supplements in liquid form
`IC 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
`
`- 6 -
`
`

`

`First Use In
`Commerce
`Date
`August
`2003
`
`Filing Date
`
`Registration
`Date
`
`February 2,
`2015
`
`December 8,
`2015
`
`March
`2013
`
`February 10,
`2015
`
`July 26,
`2016
`
`April 27,
`2007
`
`February 4,
`2015
`
`December 8,
`2015
`
`Mark
`
`Registration
`Number
`
`4,865,703
`
`
`
`
`
`
`
`5,008,850
`
`4,865,714
`
`Goods and Services
`
`IC 5: nutritional
`supplements in liquid form
`containing low
`carbohydrates IC 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; all the forgoing
`containing low
`carbohydrates
`IC 5: nutritional
`supplements in liquid
`form; vitamin fortified
`beverages
`IC 32: non-alcoholic
`beverages, namely, soft
`drinks, carbonated soft
`drinks, energy drinks, and
`sports drinks; energy
`drinks and sports drinks
`enhanced with vitamins,
`minerals, nutrients, amino
`acids and/or herbs
`IC 5: