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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`October 10, 2024
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`Opposition No. 91290309
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`Monster Energy Company
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`v.
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`Mashburn Enterprises, LLC
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`By the Trademark Trial and Appeal Board:
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`On September 25, 2024, Applicant filed a proposed amendment to application
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`Serial No. 97615269, with Opposer’s written consent, and Opposer’s withdrawal
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`without prejudice of the opposition, with Applicant’s written consent, contingent upon
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`entry of the amendment.
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`By the proposed amendment, applicant seeks to delete International Class 35 in
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`its entirety and amend the goods in International Class 28 as follows (deletions in
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`strikethrough, additions in bold):1
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`FROM:
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`Sporting goods for basketball, namely, sports field equipment in the nature of
`cones and nets for sports basketball; sporting goods for basketball, namely
`balls for sports basketball; sporting goods namely equipment for speed training
`in the nature of resistance bands and agility trainers, namely, agility ladders and
`rings; sporting goods namely basketball training equipment in the nature of
`basketball nets, shot trainers, namely, body-training apparatus used to improve
`a person’s ability to shoot a basketball, reflex trainers, namely, body-training
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`1 International Class 25 remains unchanged.
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`Opposition No. 91290309
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`apparatus used to improve a person’s reflexes for playing basketball, basketball
`backboards, and dribbling trainers, namely, body-training apparatus used to
`improve a person’s ability to dribble a basketball; sporting goods namely athletic
`protective gear in the nature of athletic protective pads for playing basketball. All
`of the foregoing not including goods unrelated to basketball
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`TO:
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`Sporting goods for basketball, namely, sports field equipment in the nature of
`cones and nets for basketball; sporting goods for basketball, namely balls for
`basketball; sporting goods namely basketball training equipment in the nature of
`basketball nets, shot trainers, namely, body-training apparatus used to improve
`a person's ability to shoot a basketball, basketball backboards, and dribbling
`trainers, namely, body-training apparatus used to improve a person's ability to
`dribble a basketball. All the foregoing not including goods unrelated to basketball
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` A
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` proposed amendment to any application or registration which is the subject of
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`an inter partes proceeding must also comply with all other applicable rules and
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`statutory provisions, including Trademark Rules 2.71-2.75. See TBMP §§ 514.01 and
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`605.03(b).
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`Proper punctuation in identifications is necessary to delineate explicitly each
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`product or service within a list and to avoid ambiguity. Commas, semicolons, and
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`apostrophes are the only punctuation that should be used in an identification of goods
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`and/or services. TMEP §1402.01(a). In general, commas should be used in an
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`identification (1) to separate a series of related items identified within a particular
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`category of goods or services, (2) before and after “namely,” and (3) between each item
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`in a list of goods or services following “namely” (e.g., personal care products, namely,
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`body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate
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`a series of distinct categories of goods or services within an international class (e.g.,
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`personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
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`2
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`Opposition No. 91290309
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`Commas, semicolons, and apostrophes are the only punctuation that should be
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`included in an identification. Other punctuation, such as colons, question marks,
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`exclamation points, and periods should not be used in an identification. Id.
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`In the present case, the entry “All the foregoing not including goods unrelated to
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`basketball” is preceded by a period, which is unacceptable punctuation in an
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`identification. The proposed amended wording is otherwise acceptable, as it is
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`limiting in nature, as required by Trademark Rule 2.71(a).
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`Therefore, the Board cannot accept the proposed amendment and will not enter
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`the amendment.
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`With regard to the deletion of International Class 35, the parties are advised that
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`in an opposition to an application having multiple classes, if the applicant files a
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`request to amend the application to delete an opposed class in its entirety, the request
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`for amendment is, in effect, an abandonment of the application with respect to that
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`class, and is governed by Trademark Rule 2.135, 37 C.F.R. § 2.135.
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`In view of these findings, the motion to amend is denied without prejudice.
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`International Class 35 remains in the application, and the present identification of
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`services for International Class 28, that is, the identification prior to the filing of the
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`motion to amend, remains operative for purposes of future amendment. See
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`Trademark Rule 2.71(a), 37 C.F.R. § 2.71(a); TMEP §1402.07(d).
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`However, inasmuch as the filing of the proposed amendment indicates to the
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`Board that the parties are making efforts to settle this matter, proceedings are
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`suspended, and the parties are allowed until 15 days from the mailing date of
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`3
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`Opposition No. 91290309
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`this order to file a revised motion to amend, failing which the Board will resume
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`proceedings and reset dates, and the opposition will go forward on the present
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`application.
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