ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1307715
`09/01/2023
`
`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
`
`Monster Energy Company
`09/02/2023
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`ALEXANDER D. ZENG
`KNOBBE MARTENS
`1925 CENTURY PARK E, SUITE 400
`LOS ANGELES, CA 90067
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97546414
`09/01/2023
`
`Publication date
`Opposition period
`ends
`
`07/04/2023
`09/02/2023
`
`Beastified LLC
`14363 METCALF AVE
`OVERLAND PARK, KS 66223
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Dietary and nutritional supplements; Dietary
`and nutritional supplements used for weight loss; Nutritional supplement energy bars
`Class 035. First Use: Feb 7, 2022 First Use In Commerce: Feb 7, 2022
`All goods and services in the class are opposed, namely: On-line retail store services featuring vitam-
`ins, clothing, drinks, dietary and nutritional supplements
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act Section 2(d)
`Common law rights as asserted in the Notice of
`Opposition
`
`

`

`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`5820901
`
`Principal
`07/30/2019
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 005. First use: First Use: Apr 16, 2002 First Use In Commerce: Apr 16,
`2002
`Nutritional supplements in liquid form
`Class 020. First use: First Use: Dec 2, 2017 First Use In Commerce: Dec 2,
`2017
`Furniture; chairs; gaming chair
`Class 043. First use: First Use: Feb 3, 2016 First Use In Commerce: Feb 3,
`2016
`Bar services; café services; mobile restaurant services; restaurant services;
`mobile café services for providing food and drink
`
`U.S. registration
`no.
`Register
`Registration date
`
`5927420
`
`Principal
`12/03/2019
`
`Application date
`
`03/14/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 035. First use: First Use: Mar 22, 2006 First Use In Commerce: Mar 22,
`2006
`Promoting goods and services in the sports, motorsports, electronic sports, and
`music industries through the distribution of printed, audio and visual promotional
`material; promoting sports, electronic sports and music events, performances
`and competitions for others
`Class 041. First use: First Use: Mar 22, 2006 First Use In Commerce: Mar 22,
`2006
`Entertainment services in the nature of sporting events and competitions, elec-
`tronic sporting events and competitions, and music performances and events
`
`U.S. registration
`no.
`Register
`Registration date
`
`2769364
`
`Principal
`09/30/2003
`
`Word mark
`Design mark
`Description of
`
`UNLEASH THE BEAST!
`
`NONE
`
`Application date
`
`12/18/2002
`
`Foreign priority
`date
`
`NONE
`
`

`

`mark
`Goods/services
`
`Class 032. First use: First Use: Apr 16, 2002 First Use In Commerce: Apr 16,
`2002
`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 ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`4975822
`
`Principal
`06/14/2016
`
`Application date
`
`03/07/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`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
`Design mark
`Description of
`mark
`Goods/services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 025. First use: First Use: 2002 First Use In Commerce: 2002
`Clothing, namely, tops, shirts, [ long-sleeved shirts, ] t-shirts, [ hooded shirts and
`] hooded sweatshirts, sweat shirts [, jackets, pants, bandanas, socks, sweat
`bands and gloves; headgear, namely, hats and beanies ]
`
`4394044
`
`Application date
`
`12/14/2010
`
`Principal
`08/27/2013
`
`Foreign priority
`date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Jul 8, 2009 First Use In Commerce: Jul 8, 2009
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`carbonated energy or sports drinks
`
`5622925
`
`Application date
`
`12/14/2010
`
`Principal
`12/04/2018
`
`Foreign priority
`date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: Jul 8, 2009 First Use In Commerce: Jul 8, 2009
`Nutritional energy supplements in liquid form; nutritional supplement beverages
`containing vitamins
`
`U.S. registration
`no.
`
`5628025
`
`Application date
`
`11/03/2010
`
`

`

`Register
`Registration date
`
`Principal
`12/11/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`REHAB THE BEAST!
`
`NONE
`
`Class 005. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`nutritional energy supplements in liquid form; nutritional supplement beverages
`containing vitamins
`
`U.S. registration
`no.
`Register
`Registration date
`
`4336329
`
`Principal
`05/14/2013
`
`Application date
`
`11/03/2010
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`REHAB THE BEAST!
`
`NONE
`
`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
`Class 032. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Non-alcoholic beverages, namely, energy drinks, sports drinks and fruit juice
`drinks; all the foregoing enhanced with vitamins, minerals, nutrients, proteins,
`amino acids and/or herbs
`
`4371544
`
`Application date
`
`11/19/2012
`
`Principal
`07/23/2013
`
`Foreign priority
`date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`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
`
`5633094
`
`Principal
`12/18/2018
`
`Application date
`
`11/19/2012
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`Class 005. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`Nutritional energy supplements in liquid form; nutritional supplement beverages
`containing vitamins
`
`U.S. registration
`no.
`Register
`Registration date
`
`4546402
`
`Principal
`06/10/2014
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 032. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Non-alcoholic beverages, namely, non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks
`
`U.S. registration
`no.
`Register
`Registration date
`
`4482659
`
`Principal
`02/11/2014
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Nutritional supplements in liquid form; vitamin fortified beverages
`
`U.S. registration
`no.
`Register
`Registration date
`
`4482660
`
`Principal
`02/11/2014
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 029. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Dairy-based beverages; dairy-based energy shakes
`
`

`

`U.S. registration
`no.
`Register
`Registration date
`
`4542107
`
`Principal
`06/03/2014
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 030. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`[ Ready to drink coffee-based beverages; coffee-based shakes for boosting en-
`ergy; ] chocolate-based shakes for boosting energy; ready to drink chocolate-
`based beverages
`
`U.S. registration
`no.
`Register
`Registration date
`
`5402465
`
`Principal
`02/13/2018
`
`Application date
`
`06/16/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`HYDRATE THE BEAST!
`
`NONE
`
`Class 032. First use: First Use: Mar 1, 2017 First Use In Commerce: Mar 1,
`2017
`Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, and
`flavored waters; drinking water, namely, water enhanced with vitamins, nutri-
`ents, proteins, and/or amino acids
`
`5783086
`
`Application date
`
`04/13/2018
`
`Principal
`06/18/2019
`
`Foreign priority
`date
`UNLEASH THE SALTY BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Aug 2018 First Use In Commerce: Aug 2018
`Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, and
`fruit juice drinks
`
`Attachments
`
`2023-09-01 NOTICE OF OPPOSITION - SER NO 97546414 -
`HANB.17044M.pdf(1284134 bytes )
`EXS 1-16 NOTICE OF OPPOSITION - SER NO 97546414 -
`HANB.17044M.pdf(1870519 bytes )
`
`

`

`Signature
`Name
`Date
`
`/ALEXANDER D. ZENG/
`ALEXANDER D. ZENG
`09/01/2023
`
`

`

`
`
`HANB.17044M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`
`Opposition No.: ___________
`
`
`Serial No.: 97/546414
`
`Mark: BEASTIFIED
`
`
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`BEASTIFIED LLC,
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Dear Commissioner:
`
`
`
`Opposer Monster Energy Company, a Delaware corporation, located and doing business at 1
`
`Monster Way, Corona, California 92879, believes that it will be damaged by registration of U.S.
`
`Trademark Application Serial No. 97/546414 (the “Application”) for the mark BEASTIFIED
`
`(“Applicant’s Mark”) filed by Applicant Beastified LLC, and therefore opposes the same.
`
`
`
`As grounds for the opposition, it is alleged:
`
`1.
`
`By the Application filed on August 12, 2022, Applicant seeks to obtain a registration on
`
`the Principal Register for Applicant’s Mark in connection with “Dietary and nutritional supplements;
`
`Dietary and nutritional supplements used for weight loss; Nutritional supplement energy bars” in
`
`International Class 5 and “On-line retail store services featuring vitamins, clothing, drinks, dietary and
`
`nutritional supplements” in International Class 35 (collectively, “Applicant’s Goods and Services”)
`
`- 1 -
`
`

`

`
`
`based on an alleged intent-to-use basis and alleged first use in commerce on February 7, 2022,
`
`respectively.
`
`2.
`
`Since at least 2002, long before the filing date of the Application and the alleged date
`
`of first use of Applicant’s Mark, Opposer has been, and still is, engaged in the development,
`
`marketing, and sale of beverages and other products bearing Opposer’s UNLEASH THE BEAST!®
`
`mark. Examples of Opposer’s use of its UNLEASH THE BEAST!® mark are shown below.
`
`
`
`3.
`
`In addition to Opposer’s use of its UNLEASH THE BEAST!® mark, Opposer has
`
`expanded its use to include other BEAST-inclusive marks in addition to its UNLEASH THE
`
`BEAST!® mark, including, for example, PUMP UP THE BEAST!®, REHAB THE BEAST!®,
`
`HYDRATE THE BEAST!®, UNLEASH THE ULTRA BEAST!®, UNLEASH THE SALTY
`
`BEAST! ®, and UNLEASH THE NITRO BEAST!® (collectively, the “BEAST Marks”).
`
`4.
`
`Since at least 2002, long before the filing date of the Application and the alleged first use
`
`in commerce date of Applicant’s Mark, Opposer has continuously used its UNLEASH THE BEAST!®
`
`mark on almost all of the cans of its best-selling original MONSTER ENERGY® drinks and thereafter
`
`- 2 -
`
`

`

`
`
`expanded its use to display the mark on additional beverage and nutritional supplement products. For
`
`example, since at least 2003, Opposer has continuously used its UNLEASH THE BEAST!® mark on
`
`almost all of the containers of its LO-CARB MONSTER ENERGY® drinks. Since at least 2009,
`
`Opposer has continuously used its UNLEASH THE NITRO BEAST!® mark in connection with its
`
`MONSTER ENERGY® line of products with nitrous technology. Since at least 2011, Opposer has
`
`continuously used its REHAB THE BEAST!® mark in connection with its line of REHAB MONSTER®
`
`line of drinks. Since at least 2012, Opposer has continuously used its UNLEASH THE ULTRA
`
`BEAST!® mark on the containers of its line of MONSTER ENERGY ULTRA® drinks. Since at least
`
`2013, Opposer has continuously used its PUMP UP THE BEAST!® mark in connection with its
`
`MUSCLE MONSTER® line of products. Since at least 2017, Opposer has continuously used its
`
`HYDRATE THE BEAST!® mark in connection with its MONSTER HYDRO® line of products. Since
`
`at least 2019, Opposer has continuously used its UNLEASH THE SALTY BEAST!® mark in connection
`
`with its JUICE MONSTER® line of products. Also, Opposer has long used its BEAST Marks on its
`
`websites and online retail stores. Examples of use of Opposer’s BEAST Marks are shown below:
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`

`
`
`MONSTER ENERGY
`
`Pt 1a ke a)
`
`Noa
`
`
`
`
`
`
`
`
`
`- 4 -
`
`

`

`
`
`
`
`5.
`
`Since at least before the filing date of the Application and the alleged date of first use
`
`in interstate commerce of Applicant’s Mark, Opposer’s beverages bearing its BEAST Marks have
`
`been and are currently sold or distributed at locations throughout the United States, including where
`
`food and beverages are sold for consumption on-premises such as convenience stores, drug stores,
`
`nutritional supplement stores, gyms, restaurants, bars, sports venues, theme parks, and cinemas.
`
`6.
`
`Opposer’s BEAST Marks have been and continue to be the subject of substantial and
`
`continuous marketing and promotion by Opposer in connection with its beverages, nutritional
`
`supplements, products that give energy, and other products. Opposer has and continues to widely
`
`market and promote its BEAST Marks to consumers by, for example, displaying one or more of the
`
`BEAST Marks on merchandise and product samplings, extensively on billions of cans of beverages
`
`and nutritional supplements; on promotional and point of sale materials; in magazines and other
`
`industry publications; on its websites (e.g., monsterenergy.com, monsteramy.com) and online stores;
`
`on its social media; through the sponsorship of trade shows, concert tours, and other live events; and
`
`- 5 -
`
`

`

`
`
`through the sponsorship of athletes, teams, gyms, and sports events that are televised nationwide and
`
`internationally. Examples of Opposer’s use of its BEAST Marks in connection with sports and fitness
`
`are shown below.
`
`
`
`
`
`
`
`7.
`
`By virtue of Opposer’s continuous and substantial use, Opposer’s BEAST Marks have
`
`developed into well-known identifiers of Opposer and its goods and services. As a result, Opposer has
`
`built up, at great expense and effort, valuable goodwill in its BEAST Marks and has developed strong
`
`common law rights in Opposer’s BEAST Marks. Opposer relies on its common law rights in its
`
`BEAST Marks, which rights predate the filing date of the Application and the first use in commerce
`
`date of Applicant’s Mark.
`
`8.
`
`In addition to its common law rights, Opposer owns and relies on the following
`
`registrations:
`
`- 6 -
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`5,820,901
`
`UNLEASH THE
`BEAST!®
`
`Cl. 5: Nutritional
`supplements in liquid form
`
`5,927,420
`
`UNLEASH THE
`BEAST!®
`
`2,769,364
`
`UNLEASH THE
`BEAST!®
`
`4,975,822
`
`UNLEASH THE
`BEAST!®
`
`4,394,044
`
`UNLEASH THE
`NITRO BEAST!®
`
`5,622,925
`
`UNLEASH THE
`NITRO BEAST!®
`
`Cl. 35: Promoting goods
`and services in the sports,
`motorsports, electronic
`sports, and music
`industries through the
`distribution of printed,
`audio and visual
`promotional material;
`promoting sports,
`electronic sports and
`music events,
`performances and
`competitions for others
`Cl. 32: Fruit juice drinks,
`soft drinks, carbonated
`soft drinks and soft drinks
`enhanced with vitamins,
`minerals, nutrients, amino
`acids and/or herbs
`
`Cl. 25: Clothing, namely,
`tops, shirts, long-sleeved
`shirts, t-shirts, hooded
`shirts and hooded
`sweatshirts, sweat shirts,
`jackets, pants, bandanas,
`socks, sweat bands and
`gloves; headgear, namely,
`hats and beanies
`Cl. 32: Non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy or sports drinks
`Cl. 5: Nutritional energy
`supplements in liquid
`form; nutritional
`supplement beverages
`containing vitamins
`
`- 7 -
`
`Filing Date
`
`Reg. Date
`
`1/16/2019
`
`7/30/2019
`
`First Use
`Date
`4/16/2002
`
`
`
`3/2/2006
`
`3/14/2018
`
`12/3/2019
`
`4/16/2002
`
`12/18/2002
`
`9/30/2003
`
`2002
`
`3/7/2014
`
`6/14/2016
`
`7/8/2009
`
`12/14/2010
`
`8/27/2013
`
`7/8/2009
`
`12/14/2010
`
`12/4/2018
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`5,628,025
`
`REHAB THE
`BEAST!®
`
`4,336,329
`
`REHAB THE
`BEAST!®
`
`4,371,544
`
`UNLEASH THE
`ULTRA BEAST!®
`
`5,633,094
`
`UNLEASH THE
`ULTRA BEAST!®
`
`4,546,402
`
`PUMP UP THE
`BEAST!®
`
`4,482,659
`
`PUMP UP THE
`BEAST!®
`
`Cl. 5: Nutritional energy
`supplements in liquid
`form; nutritional
`supplement beverages
`containing vitamins
`Cl. 30: Ready to drink tea,
`iced tea and tea based
`beverages; ready to drink
`flavored tea, iced tea and
`tea based beverages
`
`Cl. 32: Non-alcoholic
`beverages, namely, energy
`drinks, sports drinks and
`fruit juice drinks; all the
`foregoing enhanced with
`vitamins, minerals,
`nutrients, proteins, amino
`acids and/or herbs
`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
`Cl. 5: Nutritional energy
`supplements in liquid
`form; nutritional
`supplement beverages
`containing vitamins
`Cl. 32 non-alcoholic
`beverages, namely, non-
`alcoholic and non-
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; non-
`carbonated energy or
`sports drinks
`Cl. 5: Nutritional
`supplements in liquid
`form; vitamin fortified
`beverages
`
`- 8 -
`
`First Use
`Date
`3/2/2011
`
`Filing Date
`
`Reg. Date
`
`11/3/2010
`
`12/11/2018
`
`11/3/2010
`
`5/14/2013
`
`3/2/2011
`(both
`classes)
`
`8/30/2012
`
`11/19/2012
`
`7/23/2013
`
`8/30/2012
`
`11/19/2012
`
`12/18/2018
`
`3/18/2013
`
`5/15/2013
`
`6/10/2014
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`4,482,660
`
`PUMP UP THE
`BEAST!®
`
`4,542,107
`
`PUMP UP THE
`BEAST!®
`
`5,402,465
`
`HYDRATE THE
`BEAST! ®
`
`5,783,086
`
`UNLEASH THE
`SALTY BEAST!®
`
`
`
`Cl. 29: Dairy-based
`beverages; dairy-based
`energy shakes
`Cl. 30: Chocolate-based
`shakes for boosting
`energy; ready to drink
`chocolate-based beverages
`Cl. 32: Non-alcoholic
`beverages, namely, energy
`drinks, soft drinks, sports
`drinks, and flavored
`waters; drinking water,
`namely, water enhanced
`with vitamins, nutrients,
`proteins, and/or amino
`acids
`Cl. 32: Non-alcoholic
`beverages, namely, energy
`drinks, soft drinks, sports
`drinks, and fruit juice
`drinks
`
`First Use
`Date
`3/18/2013
`
`Filing Date
`
`Reg. Date
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`6/3/2014
`
`3/1/2017
`
`6/16/2016
`
`2/13/2018
`
`8/2018
`
`4/13/2018
`
`6/18/2019
`
`9.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,820,901 (the “’901
`
`Registration”) for the mark UNLEASH THE BEAST!® for “nutritional supplements in liquid form” in
`
`International Class 5, which registration issued July 30, 2019 and is based on an application filed in the
`
`Patent and Trademark Office (“PTO”) on January 16, 2019. The filing date of Opposer’s ’901
`
`Registration is before the filing date of the Application and the alleged date of first use in commerce
`
`of Applicant’s Mark. True and correct copies of Opposer’s ’901 Registration obtained from the PTO’s
`
`TESS and Assignment databases are attached hereto as Exhibit 1 and made of record.
`
`10.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,927,420 (the “’420
`
`Registration”) for the mark UNLEASH THE BEAST!® for “promoting goods and services in the
`
`sports, motorsports, electronic sports, and music industries through the distribution of printed, audio
`
`and visual promotional material; promoting sports, electronic sports and music events, performances
`
`and competitions for others” in International Class 35, which registration issued December 3, 2019 and
`
`- 9 -
`
`

`

`
`
`is based on an application filed in the PTO on March 4, 2018. The filing date of Opposer’s ’420
`
`Registration is before the filing date of the Application and the alleged date of first use in commerce
`
`of Applicant’s Mark. True and correct copies of the specifics of Opposer’s ’420 Registration obtained
`
`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 2 and made of record.
`
`11.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 2,769,364
`
`(the “’364 Registration”) for the mark UNLEASH THE BEAST!® for “fruit juice drinks, soft drinks,
`
`carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or
`
`herbs” in International Class 32, which registration issued September 30, 2003 and is based on an
`
`application filed in the PTO on December 18, 2002. The filing date of Opposer’s ’364 Registration
`
`is before the filing date of the Application and the alleged date of first use in commerce of Applicant’s
`
`Mark. True and correct copies of the specifics of Opposer’s ’364 Registration obtained from the
`
`PTO’s TESS and Assignment databases are attached hereto as Exhibit 3 and made of record.
`
`12.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,975,822
`
`(the “’822 Registration”) for the mark UNLEASH THE BEAST!® for “clothing, namely, tops, shirts,
`
`long-sleeved shirts, t-shirts, hooded shirts and hooded sweatshirts, sweat shirts, jackets, pants,
`
`bandanas, socks, sweat bands and gloves; headgear, namely, hats and beanies” in International Class
`
`25, which registration issued June 14, 2016 and is based on an application filed in the PTO on March
`
`7, 2014. The filing date of Opposer’s ’822 Registration is before the filing date of the Application
`
`and the alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the
`
`specifics of Opposer’s ’822 Registration obtained from the PTO’s TESS and Assignment databases
`
`are attached hereto as Exhibit 4 and made of record.
`
`13.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,394,044
`
`(the “’044 Registration”) for the mark UNLEASH THE NITRO BEAST!® for “non-alcoholic
`
`beverages, namely, carbonated soft drinks; carbonated drinks enhanced with vitamins, minerals,
`
`- 10 -
`
`

`

`
`
`nutrients, proteins, amino acids and/or herbs; carbonated energy or sports drinks” in International
`
`Class 32, which registration issued August 27, 2013 and is based on an application filed in the PTO on
`
`December 14, 2010. The filing date of Opposer’s ’044 Registration is before the filing date of the
`
`Application and the alleged date of first use in commerce of Applicant’s Mark. True and correct
`
`copies of the specifics of Opposer’s ’044 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 5 and made of record.
`
`14.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,622,925 (the “’925
`
`Registration”) for the mark UNLEASH THE NITRO BEAST!® for “nutritional energy supplements
`
`in liquid form; nutritional supplement beverages containing vitamins” in International Class 5, which
`
`registration issued December 4, 2018 and is based on an application filed in the PTO on December 14,
`
`2010. The filing date of Opposer’s ’925 Registration is before the filing date of the Application and
`
`the alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of Opposer’s ’925 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 6 and made of record.
`
`15.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,628,025 (the “’025
`
`Registration”) for the mark REHAB THE BEAST!® for “nutritional energy supplements in liquid
`
`form; nutritional supplement beverages containing vitamins” in International Class 5, which
`
`registration issued December 11, 2018 and is based on an application filed in the PTO on November
`
`3, 2010. The filing date of Opposer’s ’025 Registration is before the filing date of the Application and
`
`the alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of Opposer’s ’025 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 7 and made of record.
`
`16.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,336,329
`
`(the “’329 Registration”) for the mark REHAB THE BEAST!® for “ready to drink tea, iced tea and
`
`- 11 -
`
`

`

`
`
`tea based beverages; ready to drink flavored tea, iced tea and tea based beverages” in International
`
`Class 30 and “non-alcoholic beverages, namely, energy drinks, sports drinks and fruit juice drinks;
`
`all the foregoing enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs” in
`
`International Class 32, which registration issued May 14, 2013 and is based on an application filed
`
`in the PTO on November 3, 2010. The filing date of Opposer’s ’329 Registration is before the filing
`
`date of the Application and the alleged date of first use in commerce of Applicant’s Mark. True and
`
`correct copies of the specifics of Opposer’s ’329 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 8 and made of record.
`
`17.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,371,544
`
`(the “’544 Registration”) for the mark UNLEASH THE ULTRA BEAST!® for “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” in
`
`International Class 32, which registration issued July 23, 2013 and is based on an application filed in
`
`the PTO on November 19, 2012. The filing date of Opposer’s ’544 Registration is before the filing
`
`date of the Application and the alleged date of first use in commerce of Applicant’s Mark. True and
`
`correct copies of the specifics of Opposer’s ’544 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 9 and made of record.
`
`18.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,633,094 (the “’094
`
`Registration”) for the mark UNLEASH THE ULTRA BEAST!® for “nutritional energy supplements
`
`in liquid form; nutritional supplement beverages containing vitamins” in International Class 5, which
`
`registration issued December 18, 2018 and is based on an application filed in the PTO on November
`
`19, 2012. The filing date of Opposer’s ’094 Registration is before the filing date of the Application
`
`and the alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the
`
`- 12 -
`
`

`

`
`
`specifics of the ’094 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 10 and made of record.
`
`19.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,546,402
`
`(the “’402 Registration”) for the mark PUMP UP THE BEAST!® for “non-alcoholic beverages,
`
`namely, non-alcoholic and non-carbonated drinks enhanced with vitamins, minerals, nutrients,
`
`proteins, amino acids and/or herbs; non-carbonated energy or sports drinks” in International Class
`
`32, which registration issued June 10, 2014 and is based on an application filed in the PTO on May 15,
`
`2013. The filing date of Opposer’s ’402 Registration is before the filing date of the Application and
`
`the alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of Opposer’s ’402 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 11 and made of record.
`
`20.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,482,659
`
`(the “’659 Registration”) for the mark PUMP UP THE BEAST!® for “nutritional supplements in
`
`liquid form; vitamin fortified beverages” in International Class 5, which registration issued February
`
`11, 2014 and is based on an application filed in the PTO on May 15, 2013. The filing date of Opposer’s
`
`’659 Registration is before the filing date of the Application and the alleged date of first use in
`
`commerce of Applicant’s Mark. True and correct copies of the specifics of Opposer’s ’659
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit
`
`12 and made of record.
`
`21.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,482,660
`
`(the “’660 Registration”) for the mark PUMP UP THE BEAST!® for “dairy-based beverages; dairy-
`
`based energy shakes” in International Class 29, which registration issued February 11, 2014 and is
`
`based on an application filed in the PTO on May 15, 2013. The filing date of Opposer’s ’660
`
`Registration is before the filing date of the Application and the alleged date of first use in commerce
`
`- 13 -
`
`

`

`
`
`of Applicant’s Mark. True and correct copies of the specifics of the ’660 Registration obtained from
`
`the PTO’s TESS and Assignment databases are attached hereto as Exhibit 13 and made of record.
`
`22.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,542,107
`
`(the “’107 Registration”) for the mark PUMP UP THE BEAST!® for “chocolate-based shakes for
`
`boosting energy; ready to drink chocolate-based beverages” in International Class 30, which
`
`registration issued June 3, 2014 and is based on an application filed in the PTO on May 15, 2013.
`
`The filing date of Opposer’s ’107 Registration is before the filing date of the Application and the
`
`alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of the ’107 Registration obtained from the PTO’s TESS and Assignment databases are attached hereto
`
`as Exhibit 14 and made of record.
`
`23.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,402,465 (the “’465
`
`Registration”) for the mark HYDRATE THE BEAST!® for “non-alcoholic beverages, namely,
`
`energy drinks, soft drinks, sports drinks, and flavored waters; drinking water, namely, water enhanced
`
`with vitamins, nutrients, proteins, and/or amino acids” in International Class 32, which registration
`
`issued February 13, 2018 and is based on an application filed in the PTO on June 16, 2016. The filing
`
`date of Opposer’s ’465 Registration is before the filing date of the Application and the alleged date of
`
`first use in commerce of Applicant’s Mark. True and correct copies of the specifics of Opposer’s
`
`’465 Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 15 and made of record.
`
`24.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,783,086 (the “’086
`
`Registration”) for the mark UNLEASH THE SALTY BEAST!® for “non-alcoholic beverages,
`
`namely, energy drinks, soft drinks, sports drinks, and fruit juice drinks” in International Class 32,
`
`which registration issued June 18, 2019 and is based on an application filed in the PTO on April 13,
`
`2018. The filing date of Opposer’s ’086 Registration is before the filing date of the Application and
`
`- 14 -
`
`

`

`
`
`the alleged date of first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of Opposer’s ’086 Registration o