Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1205554
`04/27/2022
`
`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
`
`04/27/2022
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`SILAS K. ALEXANDER
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN ST, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.co
`(949) 760-0404
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`90624722
`
`Opposition filing
`date
`
`Applicant
`
`04/27/2022
`
`The Monster Stash
`76 GEORGE ST. APT. 1
`FORT ANN, WA 12827
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`12/28/2021
`
`Opposition period
`ends
`
`04/27/2022
`
`Class 035. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: On-line retail store services featuringcomic
`books, toys, clothing, and collectables; Retail store services featuring comic books, toys, clothing,
`and collectables
`
`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
`
`5820689
`
`Application date
`
`01/15/2019
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports; downloadable software for mobile devices for playing games; download-
`able electronic game software for use on mobile devices; downloadable game
`software; downloadable interactive game programs; downloadable video game
`software and programs
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`Beverageware; insulated beverage containers for domestic use; bottles, sold
`empty; drinking bottles for sports; water bottles sold empty; bottle openers
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; lanyards for holding whistles, keys, badges, identification cards, event
`passes, media passes, photographs, recording equipment, or similar conveni-
`ences; tents
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, Tops, shirts, t-shirts, sweat shirts, jackets, bottoms, pants,
`bandanas, sweat bands, gloves; headwear; hats; beanies
`Class 028. First use: First Use: Dec 8, 2011 First Use In Commerce: Dec 8,
`2011
`Toy cars; remote control toys, namely, cars; cornhole game sets; cornhole game
`boards; cornhole bags; surf boards; skate boards; snowboards; golf bags
`
`U.S. registration
`no.
`
`6451182
`
`Register
`
`Principal
`
`Registration date
`
`08/17/2021
`
`Word mark
`
`MONSTER
`
`Application date
`
`12/13/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the stylized term "MONSTER" with a slash mark through
`the letter "O".
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and-
`fruit juice drinks
`
`U.S. registration
`no.
`
`5551230
`
`Register
`
`Principal
`
`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: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`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.
`
`5664586
`
`Register
`
`Principal
`
`Registration date
`
`01/29/2019
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`Application date
`
`12/04/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" in the form of a claw above the words
`"MONSTER ENERGY".
`
`Class 021. First use: First Use: Jan 2010 First Use In Commerce: Jan 2010
`Beverageware; insulated beverage containers for domestic use; drinking bottles
`for sports; water bottles sold empty
`
`U.S. registration
`no.
`
`5826919
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2019
`
`Word mark
`
`Design mark
`
`JAVA MONSTER
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 009. First use: First Use: Jul 15, 2013 First Use In Commerce: Jul 15,
`2013
`Cameras; headphones; sunglasses; eyewear; cases for sunglasses and eye-
`wear
`Class 018. First use: First Use: Oct 17, 2018 First Use In Commerce: Oct 17,
`2018
`Sports bags; gym bags; athletic bags; traveling bags; all-purpose carrying bags;
`backpacks
`Class 021. First use: First Use: Mar 20, 2018 First Use In Commerce: Mar 20,
`2018
`Beverageware; insulated beverage containers for domestic use; heat-insulated
`containers for beverages
`Class 025. First use: First Use: Mar 29, 2012 First Use In Commerce: Mar 29,
`2012
`Tops being clothing; shirts; t-shirts; sweat shirts; jackets
`
`U.S. registration
`no.
`
`3057061
`
`Register
`
`Principal
`
`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: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`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.
`
`4111964
`
`Register
`
`Principal
`
`Registration date
`
`03/13/2012
`
`Word mark
`
`Design mark
`
`MONSTER REHAB
`
`Application date
`
`08/24/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 030. First use: First Use: Feb 2011 First Use In Commerce: Feb 2011
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`
`U.S. registration
`no.
`
`3044315
`
`Register
`
`Principal
`
`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: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`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.
`
`5018111
`
`Register
`
`Principal
`
`Registration date
`
`08/09/2016
`
`Word mark
`
`Design mark
`
`JAVA MONSTER
`
`Application date
`
`03/15/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`Ready to drink coffee, iced coffee and coffee based beverages; ready to drink
`flavored coffee, iced coffee and coffee based beverages
`
`U.S. registration
`no.
`
`4129288
`
`Register
`
`Principal
`
`Registration date
`
`04/17/2012
`
`Word mark
`
`MONSTER REHAB
`
`Application date
`
`07/06/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitam-
`ins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated en-
`ergy or sports drinks, fruit juice drinks having a juice content of 50% or less by
`volume that are shelf-stable; all the foregoing goods exclude perishable bever-
`age products that contain fruit juice or soy,whether such products are pasteur-
`ized or not
`
`U.S. registration
`no.
`
`3959457
`
`Register
`
`Principal
`
`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: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`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.
`
`4376796
`
`Application date
`
`07/02/2010
`
`

`

`Register
`
`Principal
`
`Registration date
`
`07/30/2013
`
`Word mark
`
`Design mark
`
`MUSCLE MONSTER
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks; all the foregoing goods exclude perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. registration
`no.
`
`4451535
`
`Register
`
`Principal
`
`Registration date
`
`12/17/2013
`
`Word mark
`
`Design mark
`
`MUSCLE MONSTER
`
`Application date
`
`07/10/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Vitamin fortified beverages
`Class 029. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Dairy-based beverages; dairy-based energy shakes; energy shakes; [ coffee en-
`
`

`

`ergy shakes; ] chocolate energy shakes
`Class 030. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`[ Ready to drink coffee based beverages; ] ready to drink chocolate-based
`beverages
`
`U.S. registration
`no.
`
`4604556
`
`Register
`
`Principal
`
`Registration date
`
`09/16/2014
`
`Word mark
`
`Design mark
`
`PUNCH MONSTER
`
`Application date
`
`11/22/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Jan 9, 2014 First Use In Commerce: Jan 9, 2014
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: Jan 9, 2014 First Use In Commerce: Jan 9, 2014
`Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with
`juice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude
`perishable beverage products that contain fruit juice or soy, whether such
`products are pasteurized or not
`
`U.S. registration
`no.
`
`4634053
`
`Register
`
`Principal
`
`Registration date
`
`11/04/2014
`
`Word mark
`
`Design mark
`
`MONSTER ASSAULT
`
`Application date
`
`11/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 005. First use: First Use: May 2008 First Use In Commerce: May 2008
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: May 2008 First Use In Commerce: May 2008
`Non-alcoholic beverages, namely, energydrinks, [ energy drinks flavored with
`juice, ] sports drinks, all enhanced withvitamins, minerals, nutrients, proteins,
`amino acids, and/or herbs, but excluding perishable beverage products that con-
`tain fruit juice or soy, whether such products are pasteurized or not
`
`U.S. registration
`no.
`
`4716750
`
`Register
`
`Principal
`
`Registration date
`
`04/07/2015
`
`Word mark
`
`Design mark
`
`JUICE MONSTER
`
`Application date
`
`02/24/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Jun 23, 2014 First Use In Commerce: Jun 23,
`2014
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Jun 23, 2014 First Use In Commerce: Jun 23,
`2014
`Non-alcoholic beverages, namely, energydrinks and drinks enhanced with vit-
`amins, minerals, nutrients, amino acids and/or herbs, but excluding perishable
`beverage products that contain fruit juice orsoy
`
`U.S. registration
`no.
`
`4036681
`
`Register
`
`Principal
`
`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: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`4036680
`
`Register
`
`Principal
`
`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 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Nutritional supplements in liquid form
`
`U.S. registration
`no.
`
`3134842
`
`Register
`
`Principal
`
`Registration date
`
`08/29/2006
`
`Application date
`
`05/07/2003
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Beverages, namely, carbonated soft drinks, carbonated drinks enhanced with
`vitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and non-
`carbonated ] energy or sports drinks, fruit juice drinks having a juice content of
`50%or less by volume that are shelf stable, [ and water, ] but excluding perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. registration
`no.
`
`5476437
`
`Register
`
`Principal
`
`Application date
`
`12/15/2016
`
`Registration date
`
`05/22/2018
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`MONSTER HYDRO
`
`date
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Feb 26, 2018 First Use In Commerce: Feb 26,
`2018
`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.
`
`5716915
`
`Register
`
`Principal
`
`Registration date
`
`04/02/2019
`
`Word mark
`
`Design mark
`
`MONSTER MAXX
`
`Application date
`
`12/11/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Feb 2018 First Use In Commerce: Feb 2018
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
`U.S. registration
`no.
`
`4721433
`
`Register
`
`Principal
`
`Registration date
`
`04/14/2015
`
`Word mark
`
`MONSTER ENERGY
`
`Application date
`
`03/12/2014
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Jan 4, 2003 First Use In Commerce: Jan 4, 2003
`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.
`
`6170021
`
`Register
`
`Principal
`
`Registration date
`
`10/06/2020
`
`Word mark
`
`Design mark
`
`MONSTER MILLION
`
`Application date
`
`09/14/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Oct 15, 2011 First Use In Commerce: Oct 15,
`2011
`Promotion of motorsport events for others; promotional sponsorship of motors-
`port events; promoting goods and services in the motorsport events field through
`the distribution of printed, audio and visual promotional material
`Class 041. First use: First Use: Oct 15, 2011 First Use In Commerce: Oct 15,
`2011
`Entertainment services, namely, organizing motorsport events and conducting
`andarranging contests; entertainment services in the nature of organizing and
`conducting sporting events in the field of motorsports; entertainment services in
`the nature of organizing and conducting competitive sporting events; entertain-
`mentservices in the nature of sports competitions; entertainment services in the
`nature of providing information in the field of sporting events and sports competi-
`tions
`
`

`

`Attachments
`
`88262993#TMSN.png( bytes )
`87719840#TMSN.png( bytes )
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`86219332#TMSN.png( bytes )
`88117743#TMSN.png( bytes )
`2022-04-27 NOTICE OF OPPOSITION - SER NO 90624722 -
`HANB.14543M.pdf(635635 bytes )
`EXS. 1-23 NOTICE OF OPPOSITION - SER NO 90624722 -
`HANB.14543M.pdf(3049788 bytes )
`
`Signature
`
`/Silas K. Alexander/
`
`Name
`
`Date
`
`SILAS K. ALEXANDER
`
`04/27/2022
`
`

`

`HANB.14543M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`THE MONSTER STASH,
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposition No.: ___________
`
`Serial No.: 90/624722
`
`Mark: THE MONSTER STASH
`
`
`
`
`
`
`
`
`
`
`
`
`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. 90/624722 (the “Application”) for the mark
`
`THE MONSTER STASH (“Applicant’s Mark”) filed by The Monster Stash (“Applicant”), and
`
`therefore opposes the same.
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on April 5, 2021, Applicant seeks to obtain registration on
`
`the Principal Register of the mark THE MONSTER STASH for “On-line retail store services
`
`featuring comic books, toys, clothing, and collectables; Retail store services featuring comic
`
`books, toys, clothing, and collectables” in International Class 35 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/or sale of beverages, nutritional
`
`supplements, clothing, and other products and services under the marks MONSTERTM and
`
`MONSTER ENERGY® and related marks, all containing “MONSTER.” Opposer’s family of
`
`MONSTER Marks
`
`includes, but
`
`is not
`
`limited
`
`to,
`
`the
`
`following: MONSTERTM,
`
`®, MONSTER ENERGY®,
`
`®,
`
`®,
`
`®, MONSTER
`
`REHAB®, M MONSTER ENERGY®, MUSCLE MONSTER®, PUNCH MONSTER®, MONSTER
`
`ASSAULT®, JUICE MONSTER®, JAVA MONSTER®, M MONSTER ENERGY®, MONSTER
`
`HYDRO®, MONSTER MAXX®, #MONSTERGAMING®, and MONSTER MILLION®
`
`(hereinafter collectively, the “MONSTER Marks”).
`
`3.
`
`Since at least 2002, Opposer has continuously used and promoted its MONSTER
`
`Marks. 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. Opposer’s family
`
`of MONSTER Marks is the subject of substantial and continuous marketing and promotion by
`
`Opposer in connection with its beverages, clothing, and numerous other items. Opposer has and
`
`continues to widely market and promote its family of MONSTER Marks to consumers by, for
`
`example, displaying the MONSTER Marks extensively on billions of cans of beverages and
`
`nutritional supplements; on apparel, merchandise, and on product samplings; on promotional and
`
`point-of-sale materials; in magazines and other industry publications; on the monsterenergy.com
`
`website, on the monsterarmy.com website and other Internet and social media websites; and at
`
`trade shows, concert tours, and live events.
`
`- 2 -
`
`
`
`

`

`4.
`
`Since long before the filing date of the Application, Opposer has used and continues
`
`to use its well-known and famous MONSTER Marks extensively in connection with toy cars,
`
`stickers, games, clothing, decals, graphic kits, video game controllers, video games, sunglasses,
`
`notebooks, posters, beverageware, mugs, lapel pins, gloves, headwear, as well as many other goods
`
`and services. Examples of some of Opposer’s products bearing Opposer’s MONSTER Marks are
`
`shown below:
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`

`ihAnus
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`=
`
`
`
`
`
`Must 4
`| volte
`ee aaahed
`feySCe
`a en
`AAle
`i
`
`TER
`Mm
`platbbe omA
`
`x,
`
`i Nan
`
`- 4 -
`
`
`
`

`

`MPNITEX
`
`
`
`
`
`
`
`
`
`Petia aa JAVA
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 5 -
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`5.
`
`Since at least as early as 2003, Opposer also has been engaged in promoting and
`
`marketing goods and services in the sports, motorsports, esports, and music industries. Opposer
`
`has continuously promoted Opposer’s MONSTER Marks through the sponsorship of events and
`
`athletes that are televised nationwide and internationally
`
`6.
`
`Opposer promotes Opposer’s MONSTER Marks through the sponsorship of
`
`professional gamers in esports, including, for example, Team EnVyUs, Team Liquid, Evil
`
`Geniuses, PSG.LGD, Natus Vincere, Alliance, FNATIC, as well as professional gamers and game
`
`broadcast commentators such as iijeriichoii, lolRenaynay, TimTheTatman, and Summit1G.
`
`Images of some of the foregoing sponsored professional gamers are shown below:
`
`
`
`- 6 -
`
`
`
`

`

`
`
`
`
`7.
`
`Opposer also markets and promotes Opposer’s MONSTER Marks on a website
`
`dedicated to video game enthusiasts, https://www.monsterenergy.com/gaming, as shown, for
`
`
`
`example, below:
`
`
`
`- 7 -
`
`

`

`8.
`
`Opposer has also sponsored esports events. For instance, in 2014, Opposer
`
`partnered with DreamHack, one of the world’s largest esports and gaming festivals. The
`
`DreamHack events have been held globally and domestically, including in Austin, Las Vegas,
`
`Atlanta, and Denver. An image of a DreamHack event is shown below:
`
`
`
`Further, in 2018, Monster became the Global Strategic Partner to DreamHack, supporting all of
`
`DreamHack’s festivals and major esports tournaments as the main sponsor.
`
`
`
`
`
`
`
`- 8 -
`
`

`

`9.
`
`Opposer has also used and continues to use the MONSTER Marks in connection
`
`with video games and video game accessories, as shown, for example, below:
`
`
`
`
`
`
`
`
`
`
`
`- 9 -
`
`
`
`

`

`
`
`
`
`
`
`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 the 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
`
`also developed strong common law rights in Opposer’s MONSTER Marks, which have appeared on
`
`billions of cans of beverages and nutritional supplements and in extensive nationwide promotions.
`- 10 -
`
`
`
`

`

`Opposer’s common law rights in its family of MONSTER Marks predate the filing date of the
`
`Application and Opposer relies on these common law trademark rights in this Opposition.1
`
`11.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`Mark
`
`MONSTER
`ENERGY®
`
`Registration
`Number
`5,820,689
`
`Filing Date
`
`January 15,
`2019
`
`Registration
`Date
`July 30, 2019
`
`First Use in
`Commerce
`IC 9:
`June 30, 2002
`
`IC 21:
`January 2005
`
`IC 22:
`December 20,
`2006
`
`IC 24:
`July 2003
`
`IC 25:
`May 24, 2002
`
`IC 28:
`December 8,
`2011
`
`Goods and Services
`
`IC 9: sport helmets; video
`recordings featuring sports,
`extreme sports and motor sports;
`downloadable software for
`mobile devices for playing
`games; downloadable electronic
`game software for use on mobile
`devices; downloadable game
`software; downloadable
`interactive game programs;
`downloadable video game
`software and programs
`IC 21: beverageware; insulated
`beverage containers for domestic
`use; bottles, sold empty; drinking
`bottles for sports; water bottles
`sold empty; bottle openers
`IC 22: lanyards; lanyards for
`holding whistles, keys, badges,
`identification cards, event
`passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences; tents
`IC 24: towels; blankets for
`outdoor use
`IC 25: clothing, namely, tops,
`shirts, t-shirts, sweat shirts,
`jackets, bottoms, pants,
`bandanas, sweat bands, gloves;
`headwear; hats; beanies
`IC 28: toy cars; remote control
`toys, namely, cars; cornhole
`game sets; cornhole game
`boards; cornhole bags; surf
`boards; skate boards;
`
`
`
`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 -
`
`

`

`Mark
`
`Registration
`Number
`
`Goods and Services
`
`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`®
`
`
`
`MONSTER
`ARMY®
`
`6,451,182
`
`snowboards; golf bags
`IC 32: Non-alcoholic beverages,
`namely, soft drinks, energy
`drinks, sports drinks, and fruit
`juice drinks.
`5,551,230 Cl. 25: clothing, namely,
`tops, shirts, t-shirts, hooded
`shirts, sweat shirts, and
`jackets
`Cl. 41: 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
`mentoring in the field of
`wake, ski, surf, snowboard,
`motocross, martial arts, auto
`racing, mountain bike,
`BMX, and skate
`IC 21: beverageware; insulated
`beverage containers for domestic
`use; drinking bottles for sports;
`water bottles sold empty
`
`5,664,586
`
`April 18,
`2002
`
`December 13,
`2017
`
`August 17,
`2021
`
`February 12,
`2016
`
`August 28,
`2018
`
`IC. 25
`May 2010
`IC. 41
`May 2005
`
`January 2010 December 4,
`2017
`
`January 29,
`2019
`
`
`
`M MONSTER
`ENERGY®
`JAVA
`MONSTER®
`
`5,826,919
`
`
`
`January 16,
`2019
`
`August 6,
`2019
`
`IC 9: cameras; headphones;
`sunglasses; eyewear; cases for
`sunglasses and eyewear
`IC 18: sports bags; gym bags;
`athletic bags; traveling bags; all-
`purpose carrying bags;
`backpacks
`IC 21: beverageware; insulated
`beverage containers for domestic
`use; heat-insulated containers for
`beverages
`IC 25: tops being clothing;
`shirts; t-shirts; sweat shirts;
`jackets
`
`
`IC 9:
`July 15, 2013
`
`IC 18:
`October 17,
`2018
`
`IC 21:
`March 20,
`2018
`
`IC 25:
`March 29,
`2012
`
`
`- 12 -
`
`

`

`Mark
`
`MONSTER
`ENERGY®
`
`Registration
`Number
`3,057,061
`
`MONSTER
`REHAB®
`
`4,111,964
`
`MONSTER
`ENERGY®
`
`3,044,315
`
`JAVA
`MONSTER®
`
`5,018,111
`
`MONSTER
`REHAB®
`
`4,129,288
`
`JAVA
`MONSTER®
`
`3,959,457
`
`
`
`Goods and Services
`
`IC 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
`IC 30: ready to drink tea, iced
`tea and tea based beverages;
`ready to drink flavored tea, iced
`tea and tea based beverages
`IC 5: nutritional supplements in
`liquid form, but excluding
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`IC 30: ready to drink coffee,
`iced coffee and coffee based
`beverages; ready to drink
`flavored coffee, iced coffee and
`coffee based beverages
`IC 05: nutritional supplements
`in liquid form
`IC 32: beverages, namely, non-
`alcoholic, non-carbonated
`drinks enhanced with vitamins,
`minerals, nutrients, proteins,
`amino acids and/or herbs; non-
`carbonated energy or sports
`drinks, fruit juice drinks having
`a juice content of 50% or less
`by volume that are shelf-stable;
`all the foregoing goods exclude
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`IC 32: beverages, namely, soft
`drinks; non-carbonated energy
`drinks; non-carbonated sports
`drinks; soft drinks and
`noncarbonated energy drinks,
`all enhanced with vitamins,
`minerals, nutrients, amino
`
`- 13 -
`
`First Use in
`Commerce
`April 18,
`2002
`
`Filing Date
`
`April 18,
`2002
`
`Registration
`Date
`February 7,
`2006
`
`February
`2011
`
`August 24,
`2011
`
`March 13,
`2012
`
`April 18,
`2002
`
`May 23,
`2003
`
`January 17,
`2006
`
`April 27,
`2007
`
`March 15,
`2016
`
`August 9,
`2016
`
`March 2,
`2011
`
`
`July 6,
`2010
`
`April 17,
`2012
`
`April 27,
`2007
`
`December 8,
`2005
`
`May 10,
`2011
`
`

`

`Mark
`
`Registration
`Number
`
`Goods and Services
`
`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`acids, and/or herbs, but
`excluding perishable beverage
`products that contain fruit juice
`or soy, whether such products
`are pasteurized or not
`IC 05: nutritional supplements
`in liquid form
`IC 32: beverages, namely, soft
`drinks; non-alcoholic and non-
`carbonated drinks enhanced
`with vitamins, minerals,
`nutrients, proteins, amino acids
`and/or herbs; non-carbonated
`energy or sports drinks; all the
`foregoing goods exclude
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`IC 05: vitamin fortified
`beverages
`IC 29: dairy-based beverages;
`dairy-based energy shakes;
`energy shakes; chocolate energy
`shakes
`IC 30: ready to drink chocolate-
`based beverages
`IC 05: nutritional supplements
`in liquid form; vitamin fortified
`beverages
`IC 32: non-alcoholic beverages,
`namely, energy drinks, energy
`drinks flavored with juice, fruit-
`flavored drinks, soft drinks,
`sports drinks, all enhanced with
`vitamins, minerals, nutrients,
`amino acids and/or herbs; all
`the foregoing goods exclude
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`IC 05: nutritional supplements
`in liquid form; vitamin fortified
`beverages
`IC 32: non-alcoholic beverages,
`namely, energy drinks, energy
`drinks flavored with juice,
`sports drinks, all enhanced with
`
`- 14 -
`
`MUSCLE
`MONSTER®
`
`4,376,796
`
`MUSCLE
`MONSTER®
`
`4,451,535
`
`PUNCH
`MONSTER®
`
`4,604,556
`
`MONSTER
`ASSAULT®
`
`4,634,053
`
`
`
`March 18,
`2013
`
`July 2,
`2010
`
`July 30,
`2013
`
`March 18,
`2013
`
`July 10,
`2013
`
`December 17,
`2013
`
`January 9,
`2014
`
`November
`22, 2013
`
`September
`16, 2014
`
`May
`2008
`
`November
`15, 2013
`
`November 4,
`2014
`
`

`

`Mark
`
`Registration
`Number
`
`Goods and Services
`
`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`vitamins, minerals, nutrients,
`proteins, amino acids, and/or
`herbs, but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not
`IC 05: nutritional supplements
`in liquid form
`IC 32: non-alcoholic beverages,
`namely, energy drinks and
`drinks enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs, but excluding
`perishable beverage products
`that conta