ESTTA Tracking number:
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`ESTTA1400552
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`Filing date:
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`12/09/2024
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91294828
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Defendant
`BLC International Pty Ltd
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`ARLEN L. OLSEN
`SCHMEISER, OLSEN & WATTS, LLP
`22 CENTURY HILL DRIVE, SUITE 302
`LATHAM, NY 12110
`UNITED STATES
`Primary email: tm@iplawusa.com
`Secondary email(s): aolsen@iplawusa.com, lmolloy@iplawusa.com
`518-220-1850
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`Answer
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`Sean K. Enos
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`tm@iplawusa.com, kenos@iplawusa.com, aolsen@iplawusa.com, jdu-
`jack@iplawusa.com, lmolloy@iplawusa.com
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`/Sean K. Enos/
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`12/09/2024
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`Attachments
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`Answer to Opposition.pdf(195391 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Trademark Application Serial No. 79350969
`For the Mark: MONTY THE MONSTAR
`Filed: August 15, 2022
`Published: August 27, 2024
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`Monster Energy Company
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`BLC International Pty Ltd.
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`Opposer,
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`v.
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`Applicant.
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`Opposition No.: 91294828
`Serial No.: 79350969
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`ANSWER TO NOTICE OF OPPOSITION
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`BLC International Pty Ltd, an Australian proprietary company, limited by shares, located
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`and doing business at 12 Macadam St, Seventeen Miles Rocks QLD 4073, Australia (hereinafter
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`referred to as “Applicant”) hereby answers the Opposition filed by Monster Energy Company, a
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`Delaware corporation, located and doing business at 1 Monster Way, Corona, California 92879
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`(hereinafter referred to as “Opposer”) as follows:
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`GENERAL DENIAL
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`Applicant denies each and every allegation, matter, or thing contained in the Opposition
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`which is not expressly admitted, qualified, or answered herein.
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`INDIVIDUAL ALLEGATIONS
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`Applicant hereby responds, solely for the purpose of this proceeding, to each of the
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`grounds set forth in the Opposition, as follows:
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`1.
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`With regard to the allegations of Paragraph 1, Applicant admits the allegations
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`therein.
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`1
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`2.
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`With regard to the allegations of Paragraph 2, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`3.
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`With regard to the allegations of Paragraph 3, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`4.
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`With regard to the allegations of Paragraph 4, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`5.
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`With regard to the allegations of Paragraph 5, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`6.
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`With regard to the allegations of Paragraph 6, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`7.
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`With regard to the allegations of Paragraph 7, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`8.
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`With regard to the allegations of Paragraph 8, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`9.
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`With regard to the allegations of Paragraph 9, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`10. With regard to the allegations of Paragraph 10, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`2
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`11. With regard to Paragraph 11, Applicant lacks sufficient knowledge or information
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`to form a belief as to the truth of the allegations therein and therefore denies same.
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`12. With regard to the allegations of Paragraph 12, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`13. With regard to the allegations of Paragraph 13, Applicant lacks sufficient
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`knowledge or information to form a belief as to the truth of the allegations therein and therefore
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`denies same.
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`14. With regard to the allegations of Paragraph 14, but for the included table of
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`alleged trademark registrations and attached registrations, Applicant lacks sufficient knowledge
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`or information to form a belief as to the truth of the allegations therein and therefore denies
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`same.
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`15. With regard to the allegations of Paragraph 15, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`16. With regard to the allegations of Paragraph 16, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`17. With regard to the allegations of Paragraph 17, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`18. With regard to the allegations of Paragraph 18, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`19. With regard to the allegations of Paragraph 19, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`3
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`20. With regard to the allegations of Paragraph 20, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`21. With regard to the allegations of Paragraph 21, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`22. With regard to the allegations of Paragraph 22, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`23. With regard to the allegations of Paragraph 23, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`24. With regard to the allegations of Paragraph 24, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`25. With regard to the allegations of Paragraph 25, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`26. With regard to the allegations of Paragraph 26, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`27. With regard to the allegations of Paragraph 27, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`28. With regard to the allegations of Paragraph 28, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`4
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`29. With regard to the allegations of Paragraph 29, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`30. With regard to the allegations of Paragraph 30, but for the attached registration,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`31. With regard to the allegations of Paragraph 31, but for the attached registrations,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`32. With regard to the allegations of Paragraph 32, but for the attached registrations,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`33. With regard to the allegations of Paragraph 33, but for the attached registrations,
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`Applicant lacks sufficient knowledge or information to form a belief as to the truth of the
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`allegations therein and therefore denies same.
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`34. With regard to the allegations of Paragraph 34, Applicant admits the allegations
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`therein.
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`35. With regard to the allegations of Paragraph 35, Applicant admits that the
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`Application Serial No. 79350969 contains no restrictions on the channels of trade for Applicant’s
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`services, and Applicant denies the remaining allegations therein.
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`36. With regard to the allegations of Paragraph 36, Applicant denies the allegations
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`therein.
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`37. With regard to the allegations of Paragraph 37, Applicant denies the allegations
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`therein.
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`COUNTERCLAIMS
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`38.
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`Applicant submits that Applicant lacks knowledge of grounds for counterclaims
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`against Opposer at this time but reserves the right to plead such counterclaims if such grounds
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`5
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`become known during the course of this Opposition proceeding.
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`AFFIRMATIVE DEFENSES
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`39.
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`No likelihood of confusion exists between Applicant’s use of Applicant’s Mark
`MONTY THE MONSTAR and Opposer’s Marks referred to in paragraphs 3-33 of the Notice of
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`Opposition.
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`40.
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`41.
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`Opposer will not be damaged by the registration of Applicant’s Mark.
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`Applicant hereby gives notice that it may rely on any other defenses that may
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`become available or appear proper during discovery, and hereby reserves its right to amend this
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`answer to assert any such defenses.
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`WHEREFORE, Applicant prays that this Opposition be dismissed and that its application
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`be granted registration on the Principal Register.
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`Date: December 9, 2024
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`Respectfully submitted,
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`SCHMEISER, OLSEN & WATTS LLP
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` /Sean K. Enos/
`Sean K. Enos
`18 E. University Drive, Suite 101
`Mesa, AZ 85201
`480-655-0073
`kenos@iplawusa.com
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`Arlen L. Olsen
`Jared L. DuJack
`22 Century Hill Drive, Suite 302
`Latham, NY 12110
`518-220-1850
`aolsen@iplawusa.com
`jdujack@iplawusa.com
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`tm@iplawusa.com
`Attorneys for Applicant
`BLC International Pty Ltd.
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`6
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and complete copy of the foregoing ANSWER TO
`NOTICE OF OPPOSITION has been served on Knobbe, Martens, Olson & Bear, LLP by
`forwarding said copy on December 9, 2024, via email to:
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`Steven J. Nataupsky
`Lynda J. Zadra-Symes
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`(949) 760-0404
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`Hans L. Mayer
`1925 Century Park East, Suite 400
`Los Angeles, CA 90067
`(310) 551-3450
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`Nickolas Taylor
`3579 Valley Centre Drive, Suite 300
`San Diego, CA 92130
`(858) 707-4000
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`efiling@knobbe.com
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`Signature /Sean K. Enos/
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` Sean K. Enos
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`Date: December 9, 2024
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`7
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