Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1246704
`11/08/2022
`
`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
`
`11/12/2022
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`JOSEPH A. R. GERBER
`KNOBBE MARTENS OLSON & BEAR LLP
`1155 AVENUE OF THE AMERICAS, 24TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(212) 849-3000
`
`Docket no.
`
`HANB.15941M
`
`Applicant information
`
`Application no.
`
`97185050
`
`11/08/2022
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`09/13/2022
`
`Opposition period
`ends
`
`11/12/2022
`
`Walmart Apollo, LLC
`702 SW 8TH STREET, MS 0215
`BENTONVILLE, AR 72716
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 033. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Wine; Alcoholic beverages, except
`beer;Alcoholic cocktail mixes; Ready-to-drink alcoholic beverages, other than beer-based
`
`Applicant information
`
`Application no.
`
`97185053
`
`Publication date
`
`09/13/2022
`
`Opposition filing
`date
`
`Applicant
`
`11/08/2022
`
`Opposition period
`ends
`
`Walmart Apollo, LLC
`702 SW 8TH STREET, MS 0215
`BENTONVILLE, AR 72716
`UNITED STATES
`
`

`

`Goods/services affected by opposition
`
`Class 032. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Bottled water; Energy drinks; Fruit juice;
`Malt extracts for making beer; Malt extracts for making liquors; Soft drinks; Sports drinks; Syrups for
`beverages; Water beverages; Concentrates and powdersused in the preparation of energy drinks
`and fruit-flavored beverages; Non-alcoholic cocktail mixes
`
`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.
`
`2903214
`
`Register
`
`Principal
`
`Registration date
`
`11/16/2004
`
`Application date
`
`05/07/2003
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`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.
`
`3434821
`
`Register
`
`Principal
`
`Registration date
`
`05/27/2008
`
`Application date
`
`09/07/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M
`
`The mark consists of the letter "m" in the form of a claw.
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Nutritional supplements
`
`U.S. registration
`no.
`
`3434822
`
`Register
`
`Principal
`
`Application date
`
`09/07/2007
`
`Registration date
`
`05/27/2008
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`M
`
`date
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letter "m" in the form of a claw.
`
`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.
`
`3134841
`
`Register
`
`Principal
`
`Registration date
`
`08/29/2006
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`05/07/2003
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`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
`
`Register
`
`Principal
`
`Registration date
`
`10/21/2014
`
`Word mark
`
`M
`
`Application date
`
`06/04/2014
`
`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 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: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`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.
`
`4865702
`
`Register
`
`Principal
`
`Registration date
`
`12/08/2015
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`02/02/2015
`
`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 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: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`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
`
`Attachments
`
`77274662#TMSN.png( bytes )
`78246567#TMSN.png( bytes )
`86300585#TMSN.png( bytes )
`86521176#TMSN.png( bytes )
`2022-11-08 Consolidated Notice of Opposition - 97185050 - 97185053 -
`HANB.15941M_15942M.pdf(854146 bytes )
`Consolidated NOP Exhibits 1-6 - HANB.15941M_15942M.pdf(3215726 bytes )
`
`Signature
`
`/jarg/
`
`Name
`
`Date
`
`Joseph A. R. Gerber
`
`11/08/2022
`
`

`

` HANB.15941M/15942M
`
`
` TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`) ) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`WALMART APOLLO, LLC,
`
`
`
`
`
`Applicant.
`
`
`CONSOLIDATED NOTICE OF OPPOSITION
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Monster Energy Company, a Delaware corporation, located and doing business at 1
`
`Monster Way, Corona, California 92879, (“Opposer”) believes that it will be damaged by
`
`registration of U.S. Trademark Application Serial Nos. 97/185050 and 97/185053 (the
`
`“Applications”) for the mark
`
` (“Applicant’s Mark”) filed by Walmart Apollo, LLC
`
`(“Applicant”), and therefore opposes the same.
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Applications filed on December 22, 2021, Applicant seeks to obtain
`
`registration on the Principal Register of Applicant’s Mark for “Bottled water; Energy drinks; Fruit
`
`juice; Malt extracts for making beer; Malt extracts for making liquors; Soft drinks; Sports drinks;
`
`- 1 -
`
`Consolidated Opposition No.: ___________
`
`Serial Nos.: 97/185050 and 97/185053
`
`Mark:
`
`
`
`
`
`

`

`Syrups for beverages; Water beverages; Concentrates and powders used in the preparation of
`
`energy drinks and fruit-flavored beverages; Non-alcoholic cocktail mixes” in International Class
`
`32 and “Wine; Alcoholic beverages, except beer; Alcoholic cocktail mixes; Ready-to-drink
`
`alcoholic beverages, other than beer-based” in International Class 33 based on the alleged
`
`intent-to-use the mark in interstate commerce.
`
`2.
`
`Since at least 2002, long before the filing date of the Applications, Opposer has
`
`been and still is engaged in the development, production, marketing, and/or sale of beverages,
`
`nutritional supplements, and other products bearing Opposer’s famous
`
`® mark (“Claw Icon”)
`
`and related marks, including, for example, the following:
`
`®,
`
`®, and
`
`®. An
`
`example of packaging for one of Opposer’s energy drinks displaying Opposer’s Claw Icon is shown
`
`below.
`
`
`
`
`
`
`
`- 2 -
`
`
`
`

`

`3.
`
`Since long before the filing date of the Applications, Opposer has prominently
`
`used its Claw Icon in connection with its goods and services and in its associated marketing and
`
`promotional materials. Some examples of Opposer’s uses are shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4.
`
`Opposer’s Claw Icon has been the subject of substantial and continuous
`
`marketing and promotion by Opposer in connection with its beverages, including energy drinks,
`
`and numerous other items. Opposer’s beverages displaying Opposer’s Claw Icon have been
`
`and/or are currently sold or distributed at locations throughout the entire U.S., including, but not
`
`limited to, grocery stores, convenience stores, liquor stores, and club stores, as well as at
`
`locations where food and beverages are sold for consumption on-premise, such as restaurants and
`
`cafes. Additionally, Opposer renders services in connection with Opposer’s Claw Icon,
`
`including, but not limited to, bar services, café services, mobile restaurant services, restaurant
`
`services, and mobile café services for providing food and beverages.
`
`5.
`
`Opposer has and continues to widely market and promote Opposer’s Claw Icon in
`
`the industry and to consumers by, for example, displaying the mark extensively on billions of
`
`cans of beverages and nutritional supplements; on apparel, merchandise, and on product
`
`
`
`- 3 -
`
`

`

`samplings; on promotional and point of sale materials; in magazines and other industry
`
`publications; on the monsterenergy.com website, monsterarmy.com website and other Internet
`
`websites and social media sites; and at trade shows, concerts, and various other live events. In
`
`addition, Opposer promotes its Claw Icon through, for example, the sponsorship of music
`
`festivals, athletes, and sports events that are televised nationwide and internationally.
`
`6.
`
`By virtue of Opposer’s continuous and substantial use, Opposer’s Claw Icon has
`
`become a famous identifier of Opposer and its goods and services. As a result, Opposer has built
`
`up, at great expense and effort, valuable goodwill in Opposer’s Claw Icon and has developed
`
`strong common law rights therein. Opposer relies on these common law rights, which rights
`
`predate the filing date of the Applications.
`
`7.
`
`In addition to Opposer’s common law rights, Opposer also owns registrations for,
`
`or that prominently feature, its Claw Icon, including but not limited to the following
`
`registrations:
`
`Reg. No. Mark
`
`Goods/Services
`
`2,903,214
`
`3,434,821
`
`3,434,822
`
`Cl. 32 Drinks, 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, *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, excluding
`perishable beverage products that
`contain fruit juice or soy
`
`
`®
`
`®
`
`®
`
`
`
`- 4 -
`
`Filing
`First Use
`Date
`Date
`03/27/2002 05/07/2003 11/16/2004
`
`Reg. Date
`
`03/27/2002 09/07/2007 05/27/2008
`
`03/27/2002 09/07/2007 05/27/2008
`
`

`

`03/27/2002 05/07/2003 08/29/2006
`
`06/04/2014 10/21/2014
`
`Cl. 29
`03/18/2013
`
`Cl. 30
`04/27/2007
`
`4/18/2002
`
`2/2/2015
`
`12/8/2015
`
`3,134,841
`
`4,625,118
`
`4,865,702
`
`
`
`®
`
`®
`
`®
`
`Cl. 32 Beverages, namely,
`carbonated soft drinks, carbonated
`soft drinks enhanced with
`vitamins, minerals, nutrients,
`amino acids and/or herbs,
`carbonated energy and 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
`Cl. 29 Dairy-based beverages;
`dairy-based energy shakes; energy
`shakes; coffee energy shakes;
`chocolate energy shakes
`Cl. 30 Ready to drink tea and tea
`based beverages; ready to drink
`flavored tea, tea based beverages;
`ready to drink coffee and coffee
`based beverages; ready to drink
`flavored coffee and coffee based
`beverages; ready to drink
`chocolate-based beverages
`Cl. 5 nutritional supplements in
`liquid form
`Cl. 32 non-alcoholic beverages,
`namely, carbonated soft drinks;
`carbonated drinks enhanced with
`vitamins, minerals, nutrients,
`proteins, amino acids and/or herbs;
`carbonated energy drinks and
`sports drinks
`
`8.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`2,903,214 (the “’214 Registration”) for the mark
`
`® for “drinks, 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, 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 November 16, 2004 and is based on an application filed in the United
`
`
`
`- 5 -
`
`

`

`States Patent and Trademark Office (“PTO”) on May 7, 2003. The filing date and first use in
`
`commerce date listed in Opposer’s ’214 Registration are prior to the filing date of the Applications.
`
`True and correct copies of the specifics of the ’214 Registration obtained from the PTO’s TESS
`
`and Assignment databases are attached hereto as Exhibit 1 and made of record.
`
`9.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,434,821 (the “’821 Registration”) for the mark
`
`® for “nutritional supplements” in
`
`International Class 5, which registration issued May 27, 2008 and is based on an application filed
`
`in the PTO on September 7, 2007. The filing date and first use in commerce date listed in
`
`Opposer’s ’821 Registration are prior to the filing date of the Applications. True and correct copies
`
`of the specifics of the ’821 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 2 and made of record.
`
`10.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,434,822 (the “’822 Registration”) for the mark
`
`® for “non-alcoholic beverages, namely,
`
`energy drinks, excluding perishable beverage products that contain fruit juice or soy” in
`
`International Class 32, which registration issued May 27, 2008 and is based on an application filed
`
`in the PTO on September 7, 2007. The filing date and first use in commerce date listed in
`
`Opposer’s ’822 Registration are prior to the filing date of the Applications. True and correct copies
`
`of the specifics of the ‘822 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 3 and made of record.
`
`11.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,134,841 (the “’841 Registration”) for the mark
`
`® for “beverages, namely, carbonated
`
`soft drinks, carbonated soft drinks enhanced with vitamins, minerals, nutrients, amino acids
`
`
`
`- 6 -
`
`

`

`and/or herbs, carbonated energy and 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” 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 and first use in commerce date listed in Opposer’s ’841
`
`Registration are prior to the filing date of the Applications. True and correct copies of the specifics
`
`of the ’841 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 4 and made of record.
`
`12.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,625,118 (the “’118 Registration”) for the mark
`
`® for “dairy-based beverages; dairy-based
`
`energy shakes; energy shakes; coffee energy shakes; chocolate energy shakes” in International
`
`Class 29 and “ready to drink tea and tea based beverages; ready to drink flavored tea, tea based
`
`beverages; ready to drink coffee and coffee based beverages; ready to drink flavored coffee and
`
`coffee based beverages; ready to drink chocolate-based beverages” in International Class 30,
`
`which registration issued October 21, 2014 and is based on an application filed in the PTO on
`
`June 4, 2014. The filing date and first use in commerce date listed in Opposer’s ’118
`
`Registration are prior to the filing date of the Applications. 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 5 and made of record.
`
`13.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,865,702 (the “’702 Registration”) for the mark
`
`® for “non-alcoholic beverages,
`
`namely, carbonated soft drinks; carbonated drinks enhanced with vitamins, minerals, nutrients,
`
`
`
`- 7 -
`
`

`

`proteins, amino acids and/or herbs; carbonated energy drinks and sports drinks” in International
`
`Class 32, and “nutritional supplements in liquid form” in International Class 5, which
`
`Registration issued December 8, 2015 and is based on an application filed in the PTO on
`
`February 2, 2015. The filing date and first use in commerce date listed in Opposer’s ’702
`
`Registration are prior to the filing date of the Applications. True and correct copies of the specifics
`
`of the ’702 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 6 and made of record.
`
`14.
`
`The foregoing registrations are valid, subsisting, unrevoked and uncancelled; as such
`
`they constitute prima facie evidence of the validity of the registered marks and of the registrations
`
`thereof, and of Opposer’s ownership of the marks shown therein. Opposer’s registrations also
`
`constitute notice to Applicant of Opposer’s claim of ownership of the marks shown therein as
`
`provided in Sections 7(b), 22 and 33(a) of the Trademark Act.
`
`15.
`
`Opposer’s Registration Nos. 2,903,214, 3,434,821, 3,434,822, 3,134,841,
`
`4,625,118, and 4,865,702 above are incontestable. As such, they constitute conclusive evidence of
`
`the validity of the registered marks and of the registration of the marks, of Opposer’s ownership of
`
`the marks, and of Opposer’s exclusive right to use the registered marks in commerce as provided in
`
`Section 33 of the Lanham Act, 15 U.S.C. § 1115.
`
`16.
`
`Since at least before the filing date of the Applications, Opposer has continuously
`
`used and promoted Opposer’s Claw Icon in interstate commerce in connection with its goods and
`
`services. In addition, Opposer’s Claw Icon was well established and famous long before the
`
`Applications’ filing dates.
`
`17.
`
`Applicant seeks unrestricted federal registrations for Applicant’s Mark covering
`
`the goods in International Classes 32 and 33 as set forth in the Applications. As such, if a
`
`registration issues for the Applications, such registrations will constitute prima facie evidence of
`
`
`
`- 8 -
`
`

`

`the Applicant’s exclusive right to use the registered mark in commerce on or in connection with
`
`the listed goods throughout the United States with no limitation thereon.
`
`18.
`
`Opposer will be damaged by registration of the Applications in that Applicant’s
`
`Mark so resembles Opposer’s Claw Icon, including as registered in the PTO and in which Opposer
`
`owns common law trademark rights, as to be likely, when used on or in connection with Applicant’s
`
`goods, to cause confusion, or to cause mistake or to deceive within the meaning of Section 2(d) of
`
`the Trademark Act, 15 U.S.C. § 1052(d).
`
`19.
`
`Applicant’s goods and the goods and services offered in connection with Opposer’s
`
`Claw Icon travel through the same channels of trade or are capable of traveling through the same
`
`channels of trade. For example, Opposer’s goods are sold through gas stations, beer distributors,
`
`liquor stores, convenience stores, grocery stores, mass merchandisers, drug stores, bars and other
`
`establishments licensed to sell alcoholic beverages for consumption on the premises, among other
`
`channels. Further, the Applications contain no restrictions on the channels of trade for
`
`Applicant’s goods. In addition, Applicant’s goods are identical and related to the goods and
`
`services offered for sale and registered in connection with Opposer’s Claw Icon.
`
`20.
`
`In view of Opposer’s prior rights in Opposer’s Claw Icon, Applicant is not entitled
`
`to federal registration of Applicant’s Mark pursuant to Section 2(d) of the Trademark Act, 15 U.S.C.
`
`§ 1052(d).
`
`21.
`
`Opposer will also be damaged by registration of Applicant’s Mark in that
`
`Applicant’s Mark will dilute the distinctive qualities of Opposer’s Claw Icon within the meaning of
`
`Section 43(c) of the Trademark Act, 15 U.S.C. § 1125(c), and will lessen the ability of Opposer’s
`
`marks to distinguish Opposer’s goods and services.
`
`
`
`
`
`
`
`- 9 -
`
`

`

`22.
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`In view of Opposer’s rights in Opposer’s Claw Icon, Applicant is not entitled to
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`federal registration of Applicant’s Mark pursuant to Section 43(c) of the Trademark Act, 15 U.S.C.
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`§ 1125(c).
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`WHEREFORE, Opposer prays that U.S. Trademark Application Serial Nos. 97/185050
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`and 97/185053 be rejected and stricken, that no registrations be issued thereon to Applicant, and
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`that this opposition be sustained in favor of Opposer.
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`Please charge Deposit Account No. 11-1410 to cover the opposition fee and any additional
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`fees which may be required, or credit any overpayment to this account.
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`Dated: November 8, 2022
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`56524166
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`Respectfully submitted,
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By: /Joseph A.R. Gerber/
`
`Steven J. Nataupsky
` Hans L. Mayer
`
`2040 Main Street, 14th Floor
`
`Irvine, CA 92614
`
`(949) 760-0404
`
`efiling@knobbe.com
`
`
`
`Joseph A.R. Gerber
`
`1155 Avenue of the Americas, 24th Floor
`
` New York, NY 10036
`
`(212) 849-3000
`
`efiling@knobbe.com
`
`Attorneys for Opposer,
`MONSTER ENERGY COMPANY
`
`
`
`- 10 -
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`
`EXHIBIT 1
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
` Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Tue Nov 8 03:32:22 EST 2022
`
`
`
`LogoutLogout
`
` Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
` ( Use the "Back" button of the Internet Browser to return to TESS)
`
`Word Mark M
`
`Goods and
`Services
`
`IC 032. US 045 046 048. G & S: Drinks, 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 perishable beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not.*. FIRST USE: 20020327. FIRST USE IN COMMERCE: 20020418
`
`Mark
`Drawing
`Code
`
`Serial
`Number
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`78246564
`
`Filing Date May 7, 2003
`
`Current
`Basis
`
`Original
`Filing Basis
`
`Published
`for
`Opposition
`
`Change In
`Registration
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`1A
`
`1A
`
`August 24, 2004
`
`CHANGE IN REGISTRATION HAS OCCURRED
`
`2903214
`
`November 16, 2004
`
`(REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle Suite 201
`Corona CALIFORNIA 92880
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:lo6peh.2.1[11/8/2022 9:47:44 AM]
`Exhibit 1 Page 1 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`Trademark Electronic Search System (TESS)
`
`(LAST LISTED OWNER) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster
`Way Corona CALIFORNIA 92879
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Description
`of Mark
`
`Type of
`Mark
`
`ASSIGNMENT RECORDED
`
`Jessica Sganga
`
`Color is not claimed as a feature of the mark.
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Affidavit
`Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20131223.
`
`Renewal
`
`1ST RENEWAL 20131223
`
`Live/Dead
`Indicator
`
`LIVE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:lo6peh.2.1[11/8/2022 9:47:44 AM]
`Exhibit 1 Page 2 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`USPTO Assignments on the Web
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Assignments on the Web > Trademark Query
`
`Trademark Assignment Abstract of Title
`
`Total Assignments: 1
`Serial #: 78246564
`
`Filing Dt: 05/07/2003
`
`Reg #: 2903214
`
`Reg. Dt: 11/16/2004
`
`Registrant: Hansen Beverage Company
`
`Mark: M
`Assignment: 1
`Reel/Frame: 4699/0063
`
` Recorded: 01/13/2012
`
`Pages: 10
`
`Conveyance: CHANGE OF NAME
`
`Assignor: HANSEN BEVERAGE COMPANY
`
`Assignee: MONSTER ENERGY COMPANY
`550 MONICA CIRCLE, SUITE 201
`
`CORONA, CALIFORNIA 92880
`
`Correspondent: DIANE M. REED
`2040 MAIN STREET, 14TH FLOOR
`
`IRVINE, CA 92614
`
`Exec Dt: 01/05/2012
`
`Entity Type: CORPORATION
`
`Citizenship: DELAWARE
`
`Entity Type: CORPORATION
`
`Citizenship: DELAWARE
`
`Search Results as of: 11/08/2022 12:47 PM
`If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6
`Web interface last modified: August 25, 2017 v.2.6
`
`| .HOME | INDEX| SEARCH | eBUSINESS | CONTACT US | PRIVACY STATEMENT
`
`https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=78246564[11/8/2022 9:48:09 AM]
`Exhibit 1 Page 3 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`
`Exhibit 1 Page 4 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`
`EXHIBIT 2
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
` Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Tue Nov 8 03:32:22 EST 2022
`
`
`
`LogoutLogout
`
` Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
` ( Use the "Back" button of the Internet Browser to return to TESS)
`
`Word Mark
`
`M
`
`Goods and
`Services
`
`IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements. FIRST USE: 20020327. FIRST
`USE IN COMMERCE: 20020418
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`Trademark
`Search Facility
`Classification
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`03.17.03 - Claws and talons of birds ; Feet of birds ; Talons of birds ; Tracks of bird feet
`
`LETS-1 M A single letter, multiples of a single letter or in combination with a design
`SHAPES-MISC Miscellaneous shaped designs
`
`Serial Number
`
`77274643
`
`Filing Date
`
`September 7, 2007
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`1A
`
`1A
`
`March 11, 2008
`
`3434821
`
`May 27, 2008
`
`(REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle
`Suite 201 Corona CALIFORNIA 92880
`
`(LAST LISTED OWNER) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1
`Monster Way Corona CALIFORNIA 92879
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:lo6peh.3.1[11/8/2022 9:50:34 AM]
`Exhibit 2 Page 1 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`Trademark Electronic Search System (TESS)
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`Description of
`Mark
`
`ASSIGNMENT RECORDED
`
`Jessica Sganga
`
`2903214;3134841
`
`Color is not claimed as a feature of the mark. The mark consists of the letter "m" in the form of a claw.
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170714.
`
`Renewal
`
`Live/Dead
`Indicator
`
`1ST RENEWAL 20170714
`
`LIVE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:lo6peh.3.1[11/8/2022 9:50:34 AM]
`Exhibit 2 Page 2 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`USPTO Assignments on the Web
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Assignments on the Web > Trademark Query
`
`Trademark Assignment Abstract of Title
`
`Total Assignments: 1
`Serial #: 77274643
`
`Filing Dt: 09/07/2007
`
`Reg #: 3434821
`
`Reg. Dt: 05/27/2008
`
`Registrant: Hansen Beverage Company
`
`Mark: M
`Assignment: 1
`Reel/Frame: 4699/0063
`
` Recorded: 01/13/2012
`
`Pages: 10
`
`Conveyance: CHANGE OF NAME
`
`Assignor: HANSEN BEVERAGE COMPANY
`
`Assignee: MONSTER ENERGY COMPANY
`550 MONICA CIRCLE, SUITE 201
`
`CORONA, CALIFORNIA 92880
`
`Correspondent: DIANE M. REED
`2040 MAIN STREET, 14TH FLOOR
`
`IRVINE, CA 92614
`
`Exec Dt: 01/05/2012
`
`Entity Type: CORPORATION
`
`Citizenship: DELAWARE
`
`Entity Type: CORPORATION
`
`Citizenship: DELAWARE
`
`Search Results as of: 11/08/2022 12:50 PM
`If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6
`Web interface last modified: August 25, 2017 v.2.6
`
`| .HOME | INDEX| SEARCH | eBUSINESS | CONTACT US | PRIVACY STATEMENT
`
`https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=77274643[11/8/2022 9:50:51 AM]
`Exhibit 2 Page 3 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`
`Exhibit 2 Page 4 of 4
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`
`EXHIBIT 3
`
`Consolidated Notice of Opposition
`Serial Nos.: 97/185050 and 97/185053
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. Walmart Apollo, LLC
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Contacts|eBusiness|eBiz alerts|News
`
` Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Tue Nov 8 03:32:22 EST 2022
`
`
`
`LogoutLogout
`
` Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
` ( Use the "Back" button of the Internet Browser to return to TESS)
`
`Word Mark
`
`M
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`Trademark
`Search Facility
`Classification
`Code
`
`IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, excluding
`perishable beverage products that contain fruit juice or soy. FIRST USE: 20020327. FIRST USE IN
`COMMERCE: 20020418
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`03.17.03 - Claws and talons of birds ; Feet of birds ; Talons of birds ; T