ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1365178
`06/14/2024
`
`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
`
`06/15/2024
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`BRANDON D. HUPKA
`KNOBBE MARTENS
`333 BUSH STREET, 21ST FLOOR
`SAN FRANCISCO, CA 94104
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`98149375
`
`Opposition filing
`date
`
`Applicant
`
`06/14/2024
`
`BD3, Inc.
`SUITE 110
`1108 LAVACA STREET
`AUSTIN, TX 78701
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`04/16/2024
`
`Opposition period
`ends
`
`06/15/2024
`
`Class 032. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Energy drinks; Non-alcoholic drinks,
`namely, energy shots
`
`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
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`05/07/2003
`
`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, [ and water; ]*but excluding perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not.*
`
`U.S. registration
`no.
`
`6403846
`
`Register
`
`Principal
`
`Registration date
`
`06/29/2021
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`03/15/2018
`
`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.
`
`Class 032. First use: First Use: Feb 13, 2021 First Use In Commerce: Feb 13,
`2021
`Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, and
`flavored waters; water enhanced with vitamins and nutrients
`
`U.S. registration
`no.
`
`3434822
`
`Register
`
`Principal
`
`Registration date
`
`05/27/2008
`
`Word mark
`
`M
`
`Application date
`
`09/07/2007
`
`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 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`3434821
`
`Register
`
`Principal
`
`Registration date
`
`05/27/2008
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`09/07/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`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.
`
`3134841
`
`Register
`
`Principal
`
`Registration date
`
`08/29/2006
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`Application date
`
`05/07/2003
`
`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
`
`

`

`Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced
`with vitamins, 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.
`
`4768820
`
`Register
`
`Principal
`
`Registration date
`
`07/07/2015
`
`Word mark
`
`Design mark
`
`M MONSTER REHAB
`
`Application date
`
`02/02/2015
`
`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 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, 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.
`
`4768828
`
`Register
`
`Principal
`
`Registration date
`
`07/07/2015
`
`Word mark
`
`Design mark
`
`M MONSTER REHAB
`
`Application date
`
`02/04/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`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".
`
`Goods/services
`
`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.
`
`7348442
`
`Register
`
`Principal
`
`Registration date
`
`04/02/2024
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`09/01/2022
`
`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.
`
`Class 032. First use: First Use: Feb 13, 2021 First Use In Commerce: Feb 13,
`2021
`Drinking water; Water beverages
`
`U.S. registration
`no.
`
`6226122
`
`Register
`
`Principal
`
`Registration date
`
`12/22/2020
`
`Word mark
`
`Design mark
`
`M 300
`
`Application date
`
`05/05/2020
`
`Foreign priority
`date
`
`NONE
`
`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
`
`7348439
`
`Application date
`
`09/01/2022
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`04/02/2024
`
`Word mark
`
`Design mark
`
`M
`
`Foreign priority
`date
`
`NONE
`
`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
`Drinking water; Energy drinks; Flavored waters; Fruit drinks; Soft drinks; Spark-
`ling water; Sports drinks; Water beverages
`
`U.S. registration
`no.
`
`4625118
`
`Register
`
`Principal
`
`Registration date
`
`10/21/2014
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`06/04/2014
`
`Foreign priority
`date
`
`NONE
`
`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 and coffee based beverages; ready to
`drink flavored coffee and coffee based beverages; ready to drink chocolate-
`based beverages
`
`U.S. registration
`no.
`
`5413560
`
`Register
`
`Principal
`
`Registration date
`
`02/27/2018
`
`Application date
`
`05/20/2016
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`M HYDRO
`
`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, energy drinks, soft drinks, sports drinks, and
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`U.S. registration
`no.
`
`6902526
`
`Register
`
`Principal
`
`Registration date
`
`11/15/2022
`
`Word mark
`
`Design mark
`
`M RESERVE
`
`Application date
`
`04/28/2021
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" in the form of a claw above the stylized
`word "RESERVE".
`
`Class 032. First use: First Use: Aug 30, 2021 First Use In Commerce: Aug 30,
`2021
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
`U.S. registration
`no.
`
`5580962
`
`Register
`
`Principal
`
`Registration date
`
`10/09/2018
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`05/17/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`
`The mark consists of a green letter "M" in the form of a claw on a black back-
`
`

`

`mark
`
`ground.
`
`Goods/services
`
`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, energy drinks, sports drinks, and sports and/
`or energy drinks enhanced with vitamins, minerals, nutrients, amino acids and/or
`herbs
`
`U.S. registration
`no.
`
`5022676
`
`Register
`
`Principal
`
`Registration date
`
`08/16/2016
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`05/28/2014
`
`Foreign priority
`date
`
`NONE
`
`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.
`
`3740050
`
`Register
`
`Principal
`
`Registration date
`
`01/19/2010
`
`Word mark
`
`Design mark
`
`M IMPORT
`
`Application date
`
`08/07/2009
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`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.
`
`4865714
`
`Register
`
`Principal
`
`Registration date
`
`12/08/2015
`
`Word mark
`
`Design mark
`
`M JAVA MONSTER
`
`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 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 with coffee as an ingredient; non-
`carbonated energy or sports drinks with coffee as an ingredient
`
`U.S. registration
`no.
`
`5008850
`
`Register
`
`Principal
`
`Registration date
`
`07/26/2016
`
`Application date
`
`02/10/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`M MONSTER ASSAULT ENERGY
`
`Description of
`mark
`
`Goods/services
`
`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/or herbs
`
`U.S. registration
`no.
`
`4865703
`
`Register
`
`Principal
`
`Registration date
`
`12/08/2015
`
`Application date
`
`02/02/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY LO-CARB
`
`Description of
`mark
`
`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.
`
`

`

`Goods/services
`
`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
`
`U.S. registration
`no.
`
`4849687
`
`Register
`
`Principal
`
`Registration date
`
`11/10/2015
`
`Application date
`
`02/02/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY ULTRA BLUE
`
`Description of
`mark
`
`Goods/services
`
`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 concentrated
`primarily 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
`
`U.S. registration
`no.
`
`4849688
`
`Register
`
`Principal
`
`Registration date
`
`11/10/2015
`
`Application date
`
`02/02/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY ULTRA RED
`
`Description of
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in silver
`
`

`

`mark
`
`Goods/services
`
`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
`in silver, all on a red background with a silver decorative pattern concentrated
`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
`
`U.S. registration
`no.
`
`4849689
`
`Register
`
`Principal
`
`Registration date
`
`11/10/2015
`
`Application date
`
`02/02/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY ULTRA SUNRISE
`
`Description of
`mark
`
`Goods/services
`
`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
`
`U.S. registration
`no.
`
`4849747
`
`Register
`
`Principal
`
`Registration date
`
`11/10/2015
`
`Application date
`
`02/10/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY ZERO ULTRA
`
`

`

`Description of
`mark
`
`Goods/services
`
`Attachments
`
`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 background with 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/or herbs
`
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`2024-06-14 NOTICE OF OPPOSITION - SER NO 98149375 -
`HANB.18224M.pdf(786559 bytes )
`EXS 1-23 NOTICE OF OPPOSITION - SER NO 98149375 -
`HANB.18224M.pdf(2888475 bytes )
`
`Signature
`
`/BRANDON D. HUPKA/
`
`Name
`
`Date
`
`BRANDON D. HUPKA
`
`06/14/2024
`
`

`

`HANB.18224M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 98/149375
`
`
`Mark:
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY
`
`
`
`
`
`BD3, INC.,
`
`
`
`
`
`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 the
`
`registration of U.S. Trademark Application Serial No. 98/149375 (the “Application”) for the mark
`
` (“Applicant’s Mark”) filed by BD3, Inc. (“Applicant”) and therefore opposes the
`
`same.
`
`
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on August 24, 2023, Applicant seeks to obtain registration
`
`on the Principal Register for Applicant’s Mark for “energy drinks; non-alcoholic drinks, namely,
`
`energy shots” in International Class 32 (“Applicant’s Goods”), based on an alleged intent to use the
`
`mark in interstate commerce.
`
`
`
`- 1 -
`
`

`

`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has
`
`been and still is, engaged in the development, licensing, marketing, distribution, and/or sale of
`
`beverages and numerous other goods and services bearing Opposer’s
`
`® (“Claw Icon”)
`
`mark and related marks, including, for example, the following:
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®,
`
`®, and
`
`®.
`
`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
`
`
`
`- 2 -
`
`

`

`festivals, athletes, teams, and sports events that are televised nationwide and internationally. Since
`
`2002, Monster has spent approximately US $13 billion in advertising, marketing and promoting its
`
`MONSTER brand and the Claw Icon mark throughout the world and has increased its worldwide
`
`advertising, marketing and promotion spend every year. From 2002 to 2023, Monster has spent at
`
`least approximately US $8.5 billion in advertising, marketing, and promoting its MONSTER brand,
`
`including the Claw Icon mark, in the United States alone.
`
`4.
`
`Since 2002, Monster has sold more than 55 billion cans of its MONSTER® line of
`
`drinks worldwide. Currently, Monster sells more than 7.3 billion cans per year worldwide, more than
`
`3.1 billion of which are sold in the U.S. alone. Each can of the MONSTER beverages bears the Claw
`
`Icon mark.
`
`5.
`
`Opposer has expended substantial time, money, and resources marketing, advertising,
`
`and promoting the beverages sold under the Claw Icon mark including through, for example, the
`
`sponsorship of and/or attendance at sports events, fitness events, and through sponsorship of athletes,
`
`athletic teams, and athletic competitions. When competing, at public appearances, or both, Opposer’s
`
`sponsored athletes almost always wear clothing that prominently displays the Claw Icon mark and
`
`are photographed in connection with Opposer’s beverages that also display the Claw Icon mark on
`
`the beverage containers.
`
`6.
`
`By virtue of Opposer’s continuous and substantial use, the Claw Icon mark and related
`
`marks have become famous identifiers of Opposer since long before the filling date of the Application.
`
`7.
`
`Opposer has built up, at great expense and effort, valuable goodwill in its Claw Icon
`
`mark and related marks and has developed strong common law rights in the marks. Opposer’s
`
`common law rights in its Claw Icon mark and related marks predate the filing date of the Application,
`
`and Opposer relies on these common law trademark rights in this Opposition.
`
`
`
`
`
`- 3 -
`
`

`

`8.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`Mark
`
`Goods/Services
`
`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. 32: non-alcoholic beverages,
`namely, energy drinks, soft
`drinks, sports drinks, and
`flavored waters; water enhanced
`with vitamins and nutrients
`
`Cl. 32: non-alcoholic beverages,
`namely, energy drinks,
`excluding perishable beverage
`products that contain fruit juice
`or soy
`
`First Use in
`Commerce
`Date
`
`Cl. 32:
`4/18/2002
`
`Filing Date
`
`Registration
`Date
`
`5/7/2003
`
`11/16/2004
`
`2/13/2021
`
`3/15/2018
`
`6/29/2021
`
`4/18/2002
`
`9/7/2007
`
`5/27/2008
`
`Registration
`No.
`
`2,903,214
`
`6,403,846
`
`3,434,822
`
`3,434,821
`
`3,134,841
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cl. 5: nutritional supplements
`
`4/18/2002
`
`9/7/2007
`
`5/27/2008
`
`4/18/2002
`
`5/7/2003
`
`8/29/2006
`
`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%
`- 4 -
`
`

`

`Registration
`No.
`
`Mark
`
`Goods/Services
`
`First Use in
`Commerce
`Date
`
`Filing Date
`
`Registration
`Date
`
`4,768,820
`
`4,768,828
`
`7,348,442
`
`6,226,122
`
`
`
`
`
`
`
`
`
`
`
`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 in
`liquid form
`
`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. 30: ready to drink tea, iced
`tea and tea based beverages;
`ready to drink flavored tea, iced
`tea and tea based beverages
`
`All Classes:
`3/2/2011
`
`2/2/2015
`
`7/7/2015
`
`3/2/2011
`
`2/4/2015
`
`7/7/2015
`
`Cl. 32: drinking water; water
`beverages
`
`2/13/2021
`
`9/1/2022
`
`4/2/2024
`
`All Classes:
`3/2/2020
`
`5/5/2020
`
`12/22/2020
`
`Cl. 30: coffee; coffee drinks;
`prepared coffee; coffee-based
`beverages; ready to drink coffee
`and coffee-based beverages;
`iced coffee
`
`Cl. 32: non-alcoholic beverages
`flavored with coffee; coffee-
`flavored soft drinks; soft drinks;
`energy drinks; sports drinks
`
`
`
`
`
`- 5 -
`
`

`

`Mark
`
`Goods/Services
`
`Registration
`No.
`
`7,348,439
`
`4,625,118
`
`5,413,560
`
`6,902,526
`
`5,580,962
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`First Use in
`Commerce
`Date
`
`Filing Date
`
`Registration
`Date
`
`4/18/2022
`
`9/1/2022
`
`4/2/2024
`
`6/4/2014
`
`10/21/2014
`
`Cl. 29:
`3/18/2013
`
`Cl. 30
`4/27/2007
`
`3/1/2017
`
`5/20/2016
`
`2/27/2018
`
`Cl. 32: drinking water; energy
`drinks; flavored waters; fruit
`drinks; soft drinks; sparkling
`water; sports drinks; water
`beverages
`
`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. 32: non-alcoholic beverages,
`namely, energy drinks, soft
`drinks, sports drinks, and
`flavored waters; water enhanced
`with vitamins, nutrients,
`proteins, and amino acids
`
`Cl. 32: non-alcoholic beverages,
`namely, soft drinks, energy
`drinks, and sports drinks
`
`8/30/2021
`
`4/28/2021
`
`11/15/2022
`
`3/17/2018
`
`10/9/2018
`
`Both Classes:
`3/27/2002
`
`
`
`inter alia:
`
`Cl. 5: nutritional supplements;
`nutritional supplements for
`purposes of boosting energy;
`dietary supplemental drinks in
`the nature of vitamin beverages
`
`Cl. 32: non-alcoholic beverages,
`namely, energy drinks, sports
`
`
`
`- 6 -
`
`

`

`Registration
`No.
`
`Mark
`
`Goods/Services
`
`First Use in
`Commerce
`Date
`
`Filing Date
`
`Registration
`Date
`
`All Classes:
`4/18/2002
`
`5/28/2014
`
`8/16/2016
`
`
`
`All Classes:
`5/14/2009
`
`8/7/2009
`
`1/19/2010
`
`All Classes:
`4/27/2007
`
`2/4/2015
`
`12/8/2015
`
`5,022,676
`
`
`
`3,740,050
`
`4,865,714
`
`
`
`
`
`
`
`drinks, and sports and/or energy
`drinks enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs
`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
`Cl. 5: nutritional supplements
`
`Cl. 32: beverages, namely,
`carbonated soft drinks,
`carbonated drinks enhanced
`with vitamins, minerals,
`nutrients, amino acids and/or
`herbs, carbonated energy or
`sports drinks
`Cl. 5: nutritional supplements in
`liquid form with coffee as an
`ingredient
`
`Cl. 30: ready to drink coffee,
`iced coffee and coffee based
`beverages; ready to drink
`flavored coffee, iced coffee and
`coffee based beverages
`
`Cl. 32: non-alcoholic beverages,
`namely, soft drinks with coffee
`as an ingredient; non-alcoholic
`and non-carbonated drinks
`enhanced with vitamins,
`minerals, nutrients, proteins,
`amino acids and/or herbs with
`coffee as an ingredient; non-
`carbonated energy or sports
`drinks with coffee as an
`ingredient
`
`
`
`- 7 -
`
`

`

`Registration
`No.
`
`5,008,850
`
`4,865,703
`
`4,849,687
`
`4,849,688
`
`First Use in
`Commerce
`Date
`
`All Classes:
`3/2013
`
`Filing Date
`
`Registration
`Date
`
`2/10/2015
`
`7/26/2016
`
`All Classes:
`8/2003
`
`2/2/2015
`
`12/8/2015
`
`All Classes:
`3/13/2013
`
`2/2/2015
`
`11/10/2015
`
`All Classes:
`9/1/2013
`
`2/2/2015
`
`11/10/2015
`
`Mark
`
`Goods/Services
`
`Cl. 5: nutritional supplements in
`liquid form; vitamin fortified
`beverages
`
`Cl. 32: non-alcoholic beverages,
`namely, soft drinks, carbonated
`soft drinks, energy drinks, and
`sports drinks; energy drinks and
`sports drinks enhanced with
`vitamins, minerals, nutrients,
`amino acids and/or herbs
`Cl. 5: nutritional supplements in
`liquid form containing low
`carbohydrates
`
`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; all the
`forgoing containing low
`carbohydrates
`Cl. 5: nutritional supplements in
`liquid form; vitamin fortified
`beverages
`
`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 supplements in
`liquid form; vitamin fortified
`beverages
`
`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 -
`
`

`

`First Use in
`Commerce
`Date
`
`Filing Date
`
`Registration
`Date
`
`10/2/2014
`
`2/2/2015
`
`11/10/2015
`
`All Classes:
`8/30/2012
`
`2/10/2015
`
`11/10/2015
`
`Registration
`No.
`
`4,849,689
`
`4,849,747
`
`
`
`Mark
`
`Goods/Services
`
`Cl. 32: non-alcoholic beverages,
`namely, carbon