Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1246787
`11/08/2022
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`Monster Energy Company
`11/09/2022
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`MARY BAO
`KNOBBE MARTENS OLSON & BEAR LLP
`1925 CENTURY PARK EAST, SUITE 600
`LOS ANGELES, CA 90067
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(310) 551-3450
`HANB.15702M
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97009245
`11/08/2022
`
`Publication date
`Opposition period
`ends
`
`07/12/2022
`11/09/2022
`
`MashUp LLC
`2110 ARTESIA BOULEVARD STE 928
`REDONDO BEACH, CA 90278
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 030. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Breakfast cereals
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Other
`
`Trademark Act Section 2(d)
`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
`
`2903214
`
`Application date
`
`05/07/2003
`
`

`

`no.
`Register
`Registration date
`
`Principal
`11/16/2004
`
`Word mark
`Design mark
`
`M
`
`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
`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.
`Register
`Registration date
`
`6403846
`
`Principal
`06/29/2021
`
`Application date
`
`03/15/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`M
`
`The mark consists of a 3D drawing of a stylized letter "M" in the form of a claw.
`
`Class 032. First use: First Use: Feb 13, 2021 First Use In Commerce: Feb 13,
`2021
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; water enhanced with vitamins and nutrients
`
`U.S. registration
`
`3434822
`
`Application date
`
`09/07/2007
`
`

`

`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`Principal
`05/27/2008
`
`M
`
`Foreign priority
`date
`
`NONE
`
`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.
`Register
`Registration date
`
`4625118
`
`Principal
`10/21/2014
`
`Application date
`
`06/04/2014
`
`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 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.
`Register
`Registration date
`
`3434821
`
`Principal
`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.
`Register
`Registration date
`
`3134841
`
`Principal
`08/29/2006
`
`Application date
`
`05/07/2003
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`Design mark
`
`M MONSTER ENERGY
`
`date
`
`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.
`Register
`Registration date
`
`6226122
`
`Principal
`12/22/2020
`
`Word mark
`
`M 300
`
`Application date
`
`05/05/2020
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`The mark consists of the number "300" superimposed on a letter "M" in the form
`of a claw.
`Class 030. First use: First Use: Mar 2, 2020 First Use In Commerce: Mar 2,
`2020
`Coffee; coffee drinks; prepared coffee;coffee-based beverages; ready to drink
`coffee and coffee-based beverages; iced coffee
`Class 032. First use: First Use: Mar 2, 2020 First Use In Commerce: Mar 2,
`2020
`Non-alcoholic beverages flavored with coffee; coffee-flavored soft drinks; soft-
`drinks; energy drinks; sports drinks
`
`U.S. registration
`no.
`Register
`Registration date
`
`5022676
`
`Principal
`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: 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
`
`U.S. registration
`no.
`Register
`Registration date
`
`4954483
`
`Principal
`05/10/2016
`
`Application date
`
`07/09/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`KHAOS M JUICE MONSTER
`
`The mark consists of the word "KHAOS" above the words "JUICE MONSTER"
`with a stylized letter "M" in the form of a claw displayed in between "KHAOS"
`and "JUICE MONSTER".
`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, soft drinks, carbonated soft drinks, energy
`drinks, sports drinks, and fruit juice drinks; energy drinks and sports drinks en-
`hanced with one or more of vitamins, minerals, nutrients, amino acids and/or
`herbs
`
`U.S. registration
`
`6111996
`
`Application date
`
`11/25/2019
`
`

`

`no.
`Register
`Registration date
`
`Principal
`07/28/2020
`
`Word mark
`Design mark
`
`M
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`
`The mark consists of a dragon design and stylized letter "M" in the form of claw.
`
`Class 016. First use: First Use: Aug 29, 2019 First Use In Commerce: Aug 29,
`2019
`Stickers
`Class 025. First use: First Use: May 1, 2019 First Use In Commerce: May 1,
`2019
`tops as clothing; shirts
`Class 030. First use: First Use: Feb 2019 First Use In Commerce: Feb 2019
`Tea; iced tea; tea based beverages; ready to drink tea; ready to drink
`flavoredtea
`Class 032. First use: First Use: Feb 2019 First Use In Commerce: Feb 2019
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and-
`beverages flavored with tea
`
`5962498
`
`Principal
`01/14/2020
`
`M HYDRO
`
`Application date
`
`08/17/2018
`
`Foreign priority
`date
`
`NONE
`
`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.
`
`

`

`Goods/services
`
`Class 032. First use: First Use: Mar 1, 2017 First Use In Commerce: Mar 1,
`2017
`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.
`Register
`Registration date
`
`5944737
`
`Principal
`12/24/2019
`
`Word mark
`Design mark
`
`M HYDRO BLUE ICE
`
`Application date
`
`11/08/2017
`
`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 and "BLUE ICE" underneath "HYDRO".
`Class 032. First use: First Use: Feb 2018 First Use In Commerce: Feb 2018
`non-alcoholic beverages, namely, non-carbonated sports drinks, non-
`carbonated flavored waters, and non-carbonated energy drinks, excluding beer
`
`U.S. registration
`no.
`Register
`Registration date
`
`5413560
`
`Principal
`02/27/2018
`
`Word mark
`
`M HYDRO
`
`Application date
`
`05/20/2016
`
`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
`with the word "HYDRO" on the right side.
`Class 032. First use: First Use: Mar 1, 2017 First Use In Commerce: Mar 1,
`2017
`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.
`Register
`Registration date
`
`5629216
`
`Principal
`12/11/2018
`
`Application date
`
`11/08/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`M HYDRO PURPLE PASSION
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`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
`with the word "HYDRO" on the right side and "PURPLE PASSION" underneath
`"HYDRO".
`Class 032. First use: First Use: Feb 2018 First Use In Commerce: Feb 2018
`non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters, excluding beer
`
`3740050
`
`Principal
`01/19/2010
`
`M IMPORT
`
`Application date
`
`08/07/2009
`
`Foreign priority
`date
`
`NONE
`
`The mark consists of a Phoenix with a shield over its chest bearing a stylized let-
`ter "M" with the word "IMPORT" written between two five-pointed stars on a rib-
`bon below the shield.
`Class 005. First use: First Use: May 14, 2009 First Use In Commerce: May 14,
`2009
`Nutritional supplements
`Class 032. First use: First Use: May 14, 2009 First Use In Commerce: May 14,
`2009
`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
`
`U.S. registration
`no.
`Register
`Registration date
`
`4865714
`
`Principal
`12/08/2015
`
`Application date
`
`02/04/2015
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`M JAVA MONSTER
`
`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: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`Nutritional supplements in liquid form with coffee as an ingredient
`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
`Class 032. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`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.
`Register
`Registration date
`
`5580962
`
`Principal
`10/09/2018
`
`Word mark
`Design mark
`
`M
`
`Application date
`
`05/17/2018
`
`Foreign priority
`date
`
`NONE
`
`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: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`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: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports
`Class 014. First use: First Use: Jan 14, 2010 First Use In Commerce: Jan 14,
`2010
`Silicone wristbands in the nature of bracelets; silicone bracelets; jewelry,
`namely, bracelets and wristbands; lanyard necklace; watches
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers, sticker kits comprising stickers and decals; decals; posters; calendars
`Class 018. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`All-purpose sport bags; all-purpose carrying bags; backpacks; duffel bags
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`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: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`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.
`Register
`Registration date
`
`4865702
`
`Principal
`12/08/2015
`
`Application date
`
`02/02/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`M MONSTER ENERGY
`
`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
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`
`4865703
`
`Application date
`
`02/02/2015
`
`Principal
`12/08/2015
`
`Foreign priority
`date
`M MONSTER ENERGY LO-CARB
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`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 "MONSTER" in white, which is above the word "ENERGY" in
`blue,which is above the word "LO-CARB" in black within a blue box, all on a
`black background.
`Class 005. First use: First Use: Aug 2003 First Use In Commerce: Aug 2003
`Nutritional supplements in liquid form containing low carbohydrates
`Class 032. First use: First Use: Aug 2003 First Use In Commerce: Aug 2003
`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
`
`4849687
`
`Application date
`
`02/02/2015
`
`Principal
`11/10/2015
`
`Foreign priority
`date
`M MONSTER ENERGY ULTRA BLUE
`
`NONE
`
`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: Mar 13, 2013 First Use In Commerce: Mar 13,
`2013
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: Mar 13, 2013 First Use In Commerce: Mar 13,
`2013
`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
`
`5008850
`
`Application date
`
`02/10/2015
`
`Principal
`07/26/2016
`
`Foreign priority
`date
`M MONSTER ASSAULT ENERGY
`
`NONE
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`
`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: Mar 2013 First Use In Commerce: Mar 2013
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: Mar 2013 First Use In Commerce: Mar 2013
`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
`
`4849688
`
`Application date
`
`02/02/2015
`
`Principal
`11/10/2015
`
`Foreign priority
`date
`M MONSTER ENERGY ULTRA RED
`
`NONE
`
`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
`
`

`

`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`
`primarily around the left and right borders.
`Class 005. First use: First Use: Sep 1, 2013 First Use In Commerce: Sep 1,
`2013
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: Sep 1, 2013 First Use In Commerce: Sep 1,
`2013
`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
`
`4849689
`
`Application date
`
`02/02/2015
`
`Principal
`11/10/2015
`
`Foreign priority
`date
`M MONSTER ENERGY ULTRA SUNRISE
`
`NONE
`
`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 SUNSHINE", which appears in black
`outlined in silver, all on an orange background with a silver decorative pattern
`concentrated primarily around the left and right borders.
`Class 032. First use: First Use: Oct 2, 2014 First Use In Commerce: Oct 2, 2014
`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
`
`4849747
`
`Application date
`
`02/10/2015
`
`Principal
`11/10/2015
`
`Foreign priority
`date
`M MONSTER ENERGY ZERO ULTRA
`
`NONE
`
`

`

`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: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`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.
`Register
`Registration date
`
`4790629
`
`Principal
`08/11/2015
`
`Word mark
`
`M MONSTER REHAB
`
`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 black
`with grey highlighting above the word "MONSTER" in white outlined in grey,
`which is above the word "REHAB" in orange outlined in black and white, all on a
`black and grey background with an explosion of yellow, orange, and red behind
`the "M."
`Class 005. First use: First Use: Mar 2012 First Use In Commerce: Mar 2012
`Nutritional supplements in liquid form
`Class 030. First use: First Use: Mar 2012 First Use In Commerce: Mar 2012
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`Class 032. First use: First Use: Mar 2012 First Use In Commerce: Mar 2012
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks and
`fruit juice drinks, all the foregoing enhanced with vitamins, minerals, nutrients,
`proteins, amino acids and/or herbs
`
`U.S. registration
`no.
`Register
`Registration date
`
`4768827
`
`Principal
`07/07/2015
`
`Application date
`
`02/04/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`M MONSTER REHAB
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in black
`above the stylized word "MONSTER" which appears in the color white, which is
`above the word "REHAB" which appears in the color red and is outlined in white,
`all on a black and gray background with an explosion of white, red, and purple-
`behind the "M".
`Class 005. First use: First Use: Oct 2011 First Use In Commerce: Oct 2011
`Nutritional supplements in liquid form
`Class 030. First use: First Use: Oct 2011 First Use In Commerce: Oct 2011
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`
`

`

`Class 032. First use: First Use: Oct 2011 First Use In Commerce: Oct 2011
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks and
`fruit juice drinks, all the foregoing enhanced with vitamins, minerals, nutrients,
`proteins, amino acids and/or herbs
`
`U.S. registration
`no.
`Register
`Registration date
`
`4768820
`
`Principal
`07/07/2015
`
`Application date
`
`02/02/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`M MONSTER REHAB
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in black
`above the stylized word "MONSTER" which appears in the color white, which is
`above the word "REHAB" which appears in the color yellow and is outlined in
`white, all on a black and gray background with an explosion of yellow and white
`behind the "M".
`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
`Non-alcoholic beverages, namely, energydrinks, sports drinks and fruit juice
`drinks, all the foregoing enhanced with vitamins, minerals, nutrients, proteins,
`amino acids and/or herbs
`
`U.S. registration
`no.
`Register
`Registration date
`
`4768828
`
`Principal
`07/07/2015
`
`Word mark
`Design mark
`
`M MONSTER REHAB
`
`Application date
`
`02/04/2015
`
`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 black
`above the stylized word "MONSTER" which appears in the color white, which is
`above the word "REHAB" which appears in the color yellow and is outlined in
`white, all on a black and gray background with an explosion of yellow and white
`behind the "M".
`Class 030. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`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.
`Register
`Registration date
`
`5889011
`
`Principal
`10/22/2019
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`M
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Cameras; headphones; audio speakers; wireless speakers; sunglasses; eye-
`wear; cases for sunglasses and eyewear; smart watch; wearable activity track-
`ers; sports helmets; video recordings featuring sports, extreme sports, and mo-
`tor sports; downloadable software for mobile devices for playing games; down-
`loadable electronic game software for use on mobile devices; downloadable
`game software; downloadable interactive game programs; downloadable video
`game software and programs; sports gloves, namely, protective work gloves in
`the nature of mechanics' gloves
`Class 014. First use: First Use: Dec 2006 First Use In Commerce: Dec 2006
`Silicone wristbands in the nature of bracelets; silicone bracelets; jewelry; jew-
`elry, namely, bracelets and wristbands;lanyard necklace; watches
`Class 020. First use: First Use: Dec 2, 2017 First Use In Commerce: Dec 2,
`2017
`Furniture; chairs; gaming chair
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`Beverageware; insulated beverage containers for domestic use; heat-insulated
`containers for beverages; bottles, sold empty; drinking bottles for sports; water
`bottles sold empty; bottle openers; non-electric portable coolers; non-electric
`portable beverage coolers; shaker bottles sold empty; blender bottles sold
`empty; sports gloves, namely, work gloves in the nature of mechanics' gloves
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`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; boxing gloves;
`mixed martial arts gloves; golf bags; punching bags; resistance bands for exer-
`cise;video game interactive remote control units; video game controller joystick,
`thumbstick and control-pad extensions
`Class 041. First use: First Use: Aug 19, 2003 First Use In Commerce: Aug 19,
`2003
`Entertainment services, namely, providing online video games and providing
`
`

`

`temporary use of non-downloadable video games, computer games, electronic
`games, andinteractive games; sponsoring tournaments and arranging contests
`featuring online gaming; providing a web-based system and on-line portal for
`customers to participate in online gaming operation, and coordination of game
`tournaments, leagues, and tours for recreational computer game playing pur-
`poses; entertainment services, namely, providing a website for online gaming;
`providing a website featuring information about online gaming and online gam-
`ing professionals; entertainment services in the nature of sporting events, per-
`formances and competitions, electronic sporting events and competitions,and
`music performances and events; providing a web site featuring entertainmentin-
`formation and news on athletes; organizing and conducting educational pro-
`grams and activities in the nature of classes, workshops, and sports competi-
`tions for athletes in the field of athlete development; athlete development pro-
`gram, namely, athlete training and mentoring in the field of wake, ski, surf, snow-
`board, motocross, mountain bike, BMX, and skate
`Class 043. First use: First Use: Mar 2013 First Use In Commerce: Mar 2013
`Bar services; café services; coffee bars; mobile restaurant services; restaurant
`services; mobile café services for providing food and drink
`
`U.S. registration
`no.
`Register
`Registration date
`
`5664586
`
`Principal
`01/29/2019
`
`Application date
`
`12/04/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`Related proceed-
`ings
`
`Attachments
`
`M MONSTER ENERGY
`
`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
`
`91276203; 91276204; 91276209
`
`78246564#TMSN.png( bytes )
`78246567#TMSN.png( bytes )
`88902073#TMSN.png( bytes )
`86979712#TMSN.png( bytes )
`88706270#TMSN.png( bytes )
`87676857#TMSN.png( bytes )
`87045265#TMSN.png( bytes )
`87676961#TMSN.png( bytes )
`87926413#TMSN.png( bytes )
`86521200#TMSN.png( bytes )
`86530121#TMSN.png( bytes )
`86530140#TMSN.png( bytes )
`86524690#TMSN.png( bytes )
`86524835#TMSN.png( bytes )
`2022-11-08 Final Notice of Opposition - 97009245 - HANB.15702M.pdf(761068
`bytes )
`NOP Exhibits 1-30 - HANB.15702M_Part1.pdf(5836401 bytes )
`NOP Exhibits 1-30 - HANB.15702M_Part2.pdf(5240876 bytes )
`NOP Exhibits 1-30 - HANB.15702M_Part3.pdf(5092903 bytes )
`NOP Exhibits 1-30 - HANB.15702M_Part4.pdf(3067347 bytes )
`
`

`

`Signature
`Name
`Date
`
`/Mary Bao/
`Mary Bao
`11/08/2022
`
`

`

`
`
` HANB.15702M
`
`
` TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 97/009245
`
`Mark:
`
`) ) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`MASHUP LLC,
`
`
`
`
`
`Applicant.
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Monster Energy Company, a Delaware corporation, located and doing business at 1
`
`Monster Way, Corona, California 92879, (“Opposer”) believes that it will be damaged by
`
`registration of U.S. Trademark Application Serial Nos. 97/009245 (the “Application”) for the
`
`mark
`
` (“Applicant’s Mark”) filed by Mashup LLC (“Applicant”), and therefore
`
`opposes the same.
`
`As grounds for opposition, it is alleged:
`
`
`
`
`
`
`
`- 1 -
`
`

`

`
`
`1.
`
`By the Application filed on September 2, 2021, Applicant seeks to obtain
`
`registration on the Principal Register of the trademark
`
`for “breakfast cereals” in
`
`International Class 30 based on an 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, distribution, and/or sale of
`
`beverages, clothing, and numerous other goods and services bearing Opposer’s
`
`® (“Claw
`
`Icon”) mark and related marks, including, for example, the following:
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®, and
`
`®.
`
`
`
`
`
`- 2 -
`
`

`

`
`
`3.
`
`Since long before the filing date of the Application, Opposer has and continues to
`
`widely market and promote its famous 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 of
`
`beverages; on merchandise; on product samplings; on promotional and point of sale materials; in
`
`magazines and other industry publications; on Opposer’s websites and social media sites and on
`
`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.
`
`4.
`
`By virtue of Opposer’s continuous and subst