ESTTA Tracking number: ESTTA1432065
`Filing date: 04/29/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name Monster Energy Company
`
`Entity Corporation Incorporated or Delaware
`registered in
`
`Address 1 MONSTER WAY
`
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa- | ZACHERY C. RUFA
`
`tion KNOBBE MARTENS OLSON & BEAR LLP
`1925 CENTURY PARK E, SUITE 400
`
`LOS ANGELES, CA 90067
`
`UNITED STATES
`
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(310) 551-3450
`
`Docket no. HANB.18880N
`
`Registration subject to cancellation
`
`Registration no. 7249120 | Registration date | 12/19/2023
`Register Principal
`
`International re- NONE International re- NONE
`gistration no. gistration date
`
`Registrant Shanghai Aigia Food & Beverage Management Co., Ltd.
`
`ROOM 136, FLOOR 12, BUILDING 1
`ZIXING ROAD 588, MINHANG DISTRICT
`SHANGHAI, 201100
`
`CHINA
`
`Goods/services subject to cancellation
`
`Class 032. First Use: None First Use In Commerce: None
`
`All goods and services in the class are subject to cancellation, namely: Lemonades; Cocktails, non-
`alcoholic; Malt beer; Non-alcoholic beverages flavoured with coffee; Non-alcoholic drinks containing
`ginger juice; Non-alcoholic fruit juice beverages; Non-alcoholic rice-based beverages not being milk
`substitutes; Soda water; Soya-based beverages, other than milk substitutes; Whey beverages
`
`Grounds for cancellation
`
`Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)
`
`Dilution by blurring Trademark Act Sections 14(1) and 43(c)
`
`Other Common law rights as asserted in the Consolid-
`ated Petition for Cancellation
`
`
`
`
`
`
`
`
`
`Registration subject to cancellation
`
`Registration no. 7335683 | Registration date | 03/26/2024
`Register Principal
`
`International re- NONE International re- NONE
`gistration no. gistration date
`
`Registrant Shanghai Aigia Food & Beverage Management Co., Ltd.
`
`ROOM 136, FLOOR 12, BUILDING 1
`ZIXING ROAD 588, MINHANG DISTRICT
`SHANGHAI, 201100
`
`CHINA
`
`Goods/services subject to cancellation
`
`Class 030. First Use: None First Use In Commerce: None
`
`All goods and services in the class are subject to cancellation, namely: Cakes; Chocolate; Coffee;
`Sandwiches; Coffee-based beverages; Coffee-based drinks; Ice cream; Dessert Puddings; Roasted
`coffee beans; Tea-based beverages
`
`Grounds for cancellation
`
`Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)
`
`Dilution by blurring Trademark Act Sections 14(1) and 43(c)
`
`Other Common law rights as asserted in the Consolid-
`ated Petition for Cancellation
`
`Registration subject to cancellation
`
`Registration no. 7248402 | Registration date | 12/19/2023
`Register Principal
`
`International re- NONE International re- NONE
`gistration no. gistration date
`
`Registrant Shanghai Aigia Food & Beverage Management Co., Ltd.
`
`ROOM 136, FLOOR 12, BUILDING 1
`ZIXING ROAD 588, MINHANG DISTRICT
`SHANGHAI, 201100
`
`CHINA
`
`Goods/services subject to cancellation
`
`Class 043. First Use: None First Use In Commerce: None
`
`All goods and services in the class are subject to cancellation, namely: Bar services; Cafe services;
`Cafeteria services; CafA® services; Cocktail lounge services; Ice cream shop services in the nature
`of a restaurant; Juice bar services; Mobile cafA®© services for providing food and drink; Serving
`beverages in brewpubs; Snack-bar services
`
`Grounds for cancellation
`
`Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)
`
`Dilution by blurring Trademark Act Sections 14(1) and 43(c)
`
`Other Common law rights as asserted in the Consolid-
`
`
`
`
`
`
`
`
`
`| | ated Petition for Cancellation
`
`Registration subject to cancellation
`
`Registration no. 7253339 | Registration date | 12/26/2023
`Register Principal
`
`International re- NONE International re- NONE
`gistration no. gistration date
`
`Registrant Shanghai Aigia Food & Beverage Management Co., Ltd.
`
`ROOM 136, FLOOR 12, BUILDING 1
`ZIXING ROAD 588, MINHANG DISTRICT
`SHANGHAI, 201100
`
`CHINA
`
`Goods/services subject to cancellation
`
`Class 030. First Use: None First Use In Commerce: None
`
`All goods and services in the class are subject to cancellation, namely: Cakes; Chocolate; Sand-
`wiches; Coffee-based drinks; Coffee-based beverages; Coffee; Ice cream; Dessert Puddings; Roas-
`ted coffee beans; Tea-based beverages
`
`Grounds for cancellation
`
`Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)
`
`Dilution by blurring Trademark Act Sections 14(1) and 43(c)
`
`Other Common law rights as asserted in the Consolid-
`ated Petition for Cancellation
`
`Registration subject to cancellation
`
`Registration no. 7253341 | Registration date | 12/26/2023
`Register Principal
`
`International re- NONE International re- NONE
`gistration no. gistration date
`
`Registrant Shanghai Aigia Food & Beverage Management Co., Ltd.
`
`ROOM 136, FLOOR 12, BUILDING 1
`ZIXING ROAD 588, MINHANG DISTRICT
`SHANGHAI, 201100
`
`CHINA
`
`Goods/services subject to cancellation
`
`Class 032. First Use: None First Use In Commerce: None
`
`All goods and services in the class are subject to cancellation, namely: Lemonades; Malt beer; Non-
`alcoholic beverages flavored with coffee; Non-alcoholic drinks containing ginger juice; Non-alcoholic
`fruit juice beverages; Non-alcoholic rice-based beverages not being milk substitutes; Soda water;
`Soya-based beverages, other than milk substitutes; Whey beverages; Cocktails, non-alcoholic
`
`Grounds for cancellation
`
`Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)
`
`Dilution by blurring Trademark Act Sections 14(1) and 43(c)
`
`
`
`
`
`
`
`
`
`Other
`
`Common law rights as asserted in the Consolid-
`ated Petition for Cancellation
`
`Marks cited by petitioner as basis for cancellation
`
`U.S. registration 5889011 Application date 01/16/2019
`
`no.
`
`Register Principal
`
`Registration date | 10/22/2019 Foreign priority NONE
`date
`
`Word mark M
`
`Design mark
`
`Description of
`mark
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Goods/services
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`
`Cameras; headphones; audio speakers; wireless speakers; sunglasses; eye-
`wear; cases for sunglasses and eyewear; smart watch; wearable activity track-
`ers; sports helmets; video recordings featuring sports, extreme sports, and mo-
`tor sports; downloadable software for mobile devices for playing games; down-
`loadable electronic game software for use on mobile devices; downloadable
`game software; downloadable interactive game programs; downloadable video
`game software and programs; sports gloves, namely, protective work gloves in
`the nature of mechanics' gloves
`
`Class 014. First use: First Use: Dec 2006 First Use In Commerce: Dec 2006
`
`Silicone wristbands in the nature of bracelets; silicone bracelets; jewelry; jew-
`elry, namely, bracelets and wristbands; lanyard necklace; watches
`
`Class 020. First use: First Use: Dec 2, 2017 First Use In Commerce: Dec 2,
`2017
`
`Furniture; chairs; gaming chair
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`
`Beverageware; insulated beverage containers for domestic use; heat-insulated
`containers for beverages; bottles, sold empty; drinking bottles for sports; water
`bottles sold empty; bottle openers; non-electric portable coolers; non-electric
`portable beverage coolers; shaker bottles sold empty; blender bottles sold
`empty; sports gloves, namely, work gloves in the nature of mechanics' gloves
`
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`
`Class 028. First use: First Use: Dec 8, 2011 First Use In Commerce: Dec 8,
`2011
`
`Toy cars; remote control toys, namely, cars; cornhole game sets; cornhole game
`boards; cornhole bags; surf boards; skate boards; snowboards; boxing gloves;
`mixed martial arts gloves; golf bags; punching bags; resistance bands for exer-
`cise; video game interactive remote control units; video game controller joystick,
`
`
`
`
`
`
`
`
`
`thumbstick and control-pad extensions
`
`Class 041. First use: First Use: Aug 19, 2003 First Use In Commerce: Aug 19,
`2003
`
`Entertainment services, namely, providing online video games and providing
`temporary use of non-downloadable video games, computer games, electronic
`games, and interactive games; sponsoring tournaments and arranging contests
`featuring online gaming; providing a web-based system and on-line portal for
`customers to participate in online gaming operation, and coordination of game
`tournaments, leagues, and tours for recreational computer game playing pur-
`poses; entertainment services, namely, providing a website for online gaming;
`providing a website featuring information about online gaming and online gam-
`ing professionals; entertainment services in the nature of sporting events, per-
`formances and competitions, electronic sporting events and competitions, and
`music performances and events; providing a web site featuring entertainment in-
`formation and news on athletes; organizing and conducting educational pro-
`grams and activities in the nature of classes, workshops, and sports competi-
`tions for athletes in the field of athlete development; athlete development pro-
`gram, namely, athlete training and mentoring in the field of wake, ski, surf, snow-
`board, motocross, mountain bike, BMX, and skate
`
`Class 043. First use: First Use: Mar 2013 First Use In Commerce: Mar 2013
`
`Bar services; cafA® services; coffee bars; mobile restaurant services; restaurant
`services; mobile cafA®© services for providing food and drink
`
`U.S. registration 2903214 Application date 05/07/2003
`
`no.
`
`Register Principal
`
`Registration date | 11/16/2004 Foreign priority NONE
`date
`
`Word mark M
`
`Design mark
`
`Description of NONE
`
`mark
`
`Goods/services
`
`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 3434822 Application date 09/07/2007
`
`no.
`
`Register Principal
`
`Registration date | 05/27/2008 Foreign priority NONE
`date
`
`Word mark M
`
`
`
`
`
`
`
`
`
`Design mark YT
`
`Description of The mark consists of the letter "m" in the form of a claw.
`
`mark
`
`Goods/services 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 4625118 Application date 06/04/2014
`
`no.
`
`Register Principal
`
`Registration date | 10/21/2014 Foreign priority NONE
`
`date
`
`Word mark M
`
`Design mark
`
`Description of The mark consists of the letter "M" in the form of a claw.
`
`mark
`
`Goods/services 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
`energy 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 3434821 Application date 09/07/2007
`
`no.
`
`Register Principal
`
`Registration date | 05/27/2008 Foreign priority NONE
`date
`
`Word mark M
`
`
`
`
`
`
`
`
`
`Design mark
`
`Description of
`mark
`
`The mark consists of the letter "m" in the form of a claw.
`
`Goods/services
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`
`Nutritional supplements
`
`U.S. registration 5022676 Application date 05/28/2014
`no.
`Register Principal
`Registration date | 08/16/2016 Foreign priority NONE
`date
`Word mark M
`Design mark T ?
`®
`§
`LR 3
`L] -r ¥
`
`!
`
`Description of
`mark
`
`The mark consists of a green letter "M" in the form of a claw.
`
`Goods/services
`
`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 5413560 Application date 05/20/2016
`
`no.
`
`Register Principal
`
`Registration date | 02/27/2018 Foreign priority NONE
`date
`
`Word mark
`
`M HYDRO
`
`
`
`
`
`
`
`
`
`Design mark
`
`'y
`
`Description of
`mark
`
`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.
`
`Goods/services
`
`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 3740050 Application date 08/07/2009
`
`no.
`
`Register Principal
`
`Registration date | 01/19/2010 Foreign priority NONE
`date
`
`Word mark M IMPORT
`
`Design mark
`
`Description of
`mark
`
`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.
`
`Goods/services
`
`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 4865714 Application date 02/04/2015
`
`no.
`
`Register Principal
`
`Registration date | 12/08/2015 Foreign priority NONE
`date
`
`Word mark M JAVA MONSTER
`
`
`
`
`
`
`
`
`
`Design mark
`
`Description of
`mark
`
`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.
`
`Goods/services
`
`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 5580962 Application date 05/17/2018
`
`no.
`
`Register Principal
`
`Registration date | 10/09/2018 Foreign priority NONE
`date
`
`Word mark M
`
`Design mark
`
`Description of
`mark
`
`The mark consists of a green letter "M" in the form of a claw on a black back-
`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 5114853 Application date 11/27/2013
`
`no.
`
`Register Principal
`
`Registration date | 01/03/2017 Foreign priority NONE
`date
`
`Word mark M MONSTER ENERGY
`
`Design mark
`
`MYPNITER
`
`L R
`
`Description of
`mark
`
`The mark consists of the letter "M" in the form of a claw above the words "MON-
`STER ENERGY".
`
`Goods/services
`
`Class 043. First use: First Use: Oct 17, 2016 First Use In Commerce: Oct 17,
`2016
`
`Restaurant services; bar services
`
`U.S. registration 7348439 Application date 09/01/2022
`
`no.
`
`Register Principal
`
`Registration date | 04/02/2024 Foreign priority NONE
`date
`
`Word mark M
`
`Design mark
`
`
`
`
`
`
`
`
`
`Description of
`mark
`
`The mark consists of the letter "M" in the form of a claw.
`
`Goods/services
`
`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 7489758 Application date 10/12/2022
`
`no.
`
`Register Principal
`
`Registration date | 08/27/2024 Foreign priority NONE
`date
`
`Word mark M
`
`Design mark
`
`Description of
`mark
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Goods/services
`
`Class 033. First use: First Use: Jan 2023 First Use In Commerce: Jan 2023
`Alcoholic beverages, except beer; Alcoholic flavored brewed malt beverages,
`
`except beers
`
`U.S. registration 7489759 Application date 10/12/2022
`
`no.
`
`Register Principal
`
`Registration date | 08/27/2024 Foreign priority NONE
`date
`
`Word mark M
`
`Design mark
`
`Description of
`mark
`
`The mark consists of a stylized letter "M" in the form of a claw.
`
`Goods/services
`
`Class 033. First use: First Use: Jan 2023 First Use In Commerce: Jan 2023
`Alcoholic beverages, except beer; Alcoholic flavored brewed malt beverages,
`
`except beers
`
`U.S. registration 3134841 Application date 05/07/2003
`no.
`
`Register Principal
`
`Registration date | 08/29/2006 Foreign priority NONE
`
`
`
`
`
`
`
`
`
`date
`
`Word mark
`
`M MONSTER ENERGY
`
`Design mark
`
`M$NITER
`
`CEHEMNMBDT
`
`Description of
`mark
`
`NONE
`
`Goods/services
`
`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
`
`Attachments
`
`88264393#TMSN.png( bytes
`78246564#TMSN.png( bytes
`77274662#TMSN.png( bytes
`86300585#TMSN.png( bytes
`77274643#TMSN.png( bytes
`86979712#TMSN.png( bytes
`87045265#TMSN.png( bytes
`77800060#TMSN.png( bytes
`86524831#TMSN.png( bytes
`87926413#TMSN.png( bytes
`86131120#TMSN.png( bytes
`97575635#TMSN.png( bytes
`97629752#TMSN.png( bytes
`97629754#TMSN.png( bytes
`78246567#TMSN.png( bytes
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`2025-04-29 Consolidated Petition for Cancellation - HANB.18880N-18884
`
`N.pdf(813218 bytes )
`
`Consolidated Petition Exhibits 1-15 - HANB.18880N-18884N.pdf(5195306 bytes
`
`)
`
`Signature
`
`/Zachery C. Rufa/
`
`Name
`
`Zachery C. Rufa
`
`Date
`
`04/29/2025
`
`
`
`
`
`
`
`
`
`HANB.18880-18884N TRADEMARK
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`M Stand
`
`)
`MONSTER ENERGY COMPANY, ) Cancellation No.:
`)
`Petitioner, ) Registration Nos.: 7,249,120 and 7,335,683
`) Mark:
`V. )
`)
`SHANGHAI AIQIA FOOD & BEVERAGE )
`MANAGEMENT CO., LTD., )
`) M Stand
`Respondent. )
`) Registration Nos.: 7,248,402, 7,253,339, and
`) 7,253,341
`) Mark:
`)
`)
`)
`
`CONSOLIDATED PETITION FOR CANCELLATION
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`Dear Sir or Madam:
`Petitioner Monster Energy Company, a Delaware corporation, located and doing business
`at 1 Monster Way, Corona, California 92879 (“Petitioner”), believes that it has been and will
`
`continue to be damaged by the continued registration of U.S. Trademark Registration Nos.
`
`7,249,120, 7,335,683, 7,248,402, 7,253,339, and 7,253,341 (the “Subject Registrations”) for the
`
`M
`
`marks M Stand and
`
`M Stand
`
`Aiqia Food & Beverage Management Co., Ltd., a limited company, with an address Room 136,
`
`“Respondent’s Marks”) registered by Shanghai
`
`_1-
`
`
`
`
`
`
`
`
`Floor 12, Building 1, Zixing Road 588, Minhang District, Shanghai China 201100 (“Respondent”),
`
`and hereby petitions to cancel the same.
`
`As grounds for cancellation, it is alleged that:
`
`1.
`
`Respondent obtained the Subject Registrations on the Principal Register in connection
`
`with the goods and services (“Respondent’s Goods and Services”) and on the dates identified in the
`
`table below, based on applications filed pursuant to Section 44(e) of the Trademark Act:
`
`Registration
`No.
`
`Trademark
`
`Filed
`
`Registered
`
`Goods
`
`7,248,402
`
`M Stand
`
`November
`15,2022
`
`December
`19, 2023
`
`Cl. 43 Bar services; Cafe
`services; Cafeteria services;
`Café services; Cocktail lounge
`services; Ice cream shop
`services in the nature of a
`restaurant; Juice bar services;
`Mobile café services for
`providing food and drink;
`Serving beverages in
`brewpubs; Snack-bar services
`
`7,249,120
`
`M Stand
`
`December 7,
`2022
`
`December
`19, 2023
`
`Cl. 32 Lemonades; Cocktails,
`non-alcoholic; Malt beer; Non-
`alcoholic beverages flavoured
`with coffee; Non-alcoholic
`drinks containing ginger juice;
`Non-alcoholic fruit juice
`beverages; Non-alcoholic rice-
`based beverages not being
`milk substitutes; Soda water;
`Soya-based beverages, other
`than milk substitutes; Whey
`beverages
`
`7,253,339
`
`M Stand
`
`November
`16,2022
`
`December
`26,2023
`
`Cl. 30 Cakes; Chocolate;
`Sandwiches; Coffee-based
`drinks; Coffee-based
`beverages; Coffee; Ice cream;
`Dessert Puddings; Roasted
`coffee beans; Tea-based
`beverages
`
`
`
`
`
`
`
`
`
`Registration Trademark Filed Registered Goods
`No.
`
`7,253,341 November December | Cl. 32 Lemonades; Malt beer;
`M St an d 16, 2022 26,2023 Non-alcoholic beverages
`flavored with coffee; Non-
`alcoholic drinks containing
`ginger juice; Non-alcoholic
`fruit juice beverages; Non-
`alcoholic rice-based beverages
`not being milk substitutes;
`Soda water; Soya-based
`beverages, other than milk
`substitutes; Whey beverages;
`Cocktails, non-alcoholic
`
`7,335,683 December 7, | March 26, Cl. 30 Cakes; Chocolate;
`
`2022 2024 Coffee; Sandwiches; Coffee-
`based beverages; Coffee-based
`drinks; Ice cream; Dessert
`
`M Stand Puddings; Roasted coffee
`beans; Tea-based beverages
`
`2. Since at least 2002, long before the filing dates of the Subject Registrations,
`Petitioner has been, and still is, engaged in the development, licensing, marketing, distribution,
`
`providing, and/or sale of beverages and numerous other products and services bearing Petitioner’s
`
`famous ® mark (the “Claw Icon”) and related marks, including, for example, the following:
`
`3. Since long before the filing dates and registration dates of the Subject Registrations,
`Petitioner’s beverages bearing its Claw Icon have been and/or are currently sold or distributed at
`
`locations throughout the U.S., including, but not limited to, grocery stores, convenience stores,
`
`-3
`
`
`
`
`
`
`
`
`
`and club stores, among other stores where beverages, baked goods, pastry items, and other goods
`included among the list of Respondent’s Goods are also sold. Petitioner’s beverages bearing its
`Claw Icon also have been and/or are currently sold or distributed at locations throughout the U.S.
`where food and beverages are sold for consumption on-premise, such as restaurants, bars, sports
`venues, theme parks and cinemas.
`
`4. Since long before the filing dates and registration dates of the Subject Registrations,
`Petitioner has used its Claw Icon and related marks in connection with restaurant services,
`including in connection with its Monster Beastro restaurant. Below are exemplary images of the
`
`Monster Beastro restaurant and one of Petitioner’s food trucks displaying the Claw Icon:
`
`
`
`
`
`
`
`
`
`5. Petitioner also promotes the Claw Icon through, for example, the sponsorship of
`
`music festivals, sports events, and other live events that are televised nationwide and
`
`
`
`
`
`
`
`
`internationally. Petitioner frequently sets up VIP and hospitality areas at its sponsored or attended
`events at numerous locations across the United States. Since long before the filing dates and
`registration dates of the Subject Registrations, Petitioner has provided restaurant and bar services
`at its VIP and hospitality areas in connection with its Claw Icon and related marks at many of the
`events sponsored or attended by Petitioner to attendees of these events. Below are exemplary
`images of Petitioner’s restaurant and bar services offered at events in connection with its Claw
`
`Icon:
`
`
`
`
`
`
`
`
`
`6. Since long before the filing dates and registration dates of the Subject Registrations,
`Petitioner has and continues to widely market and promote its famous Claw Icon 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
`Petitioner’s websites and social media sites and on other Internet websites and social media sites;
`at trade shows; and through the sponsorship of music festivals, athletes, teams, and sports events
`that are televised nationwide and internationally. Since 2002, Monster has spent approximately
`US $14.5 billion in advertising, marketing and promoting its MONSTER brand and the Claw Icon
`throughout the world, the majority of which was spent advertising, marketing, and promoting the
`MONSTER brand and the Claw Icon in the United States. Currently, Monster sells more than 7.7
`billion cans of its MONSTER line of drinks per year worldwide, more than 3.1 billion of which
`are sold in the U.S. alone, and the containers of which each display the Claw Icon.
`
`7. By virtue of Petitioner’s continuous and substantial use, the Claw Icon and related
`
`marks have become famous identifiers of Petitioner since long before the filing dates of the Subject
`
`-7 -
`
`
`
`
`
`
`
`
`Registrations. As a result, Petitioner has built up, at great expense and effort, valuable goodwill in
`
`its Claw Icon and related marks and has developed strong common law rights in the marks.
`
`Petitioner relies on its common law rights in its Claw Icon and related marks, which rights predate
`
`the filing dates and registration dates of the Subject Registrations.
`
`8. In addition to Petitioner’s common law rights, Petitioner owns and relies on the
`
`following registrations:
`
`Reg. No. Mark
`
`Selected Goods/Services
`
`First Use
`in
`Commerce
`Date
`
`Filling Date
`
`Reg. Date
`
`5,889,011
`
`CL 21: beverageware; insulated
`beverage containers for domestic
`use; heat-insulated containers for
`beverages; bottles, sold empty;
`drinking bottles for sports; water
`bottles sold empty; bottle openers;
`non-electric portable coolers; non-
`electric portable beverage coolers;
`shaker bottles sold empty; blender
`bottles sold empty; sports gloves,
`namely, work gloves in the nature
`of mechanics’ gloves
`
`Cl. 43: bar services; café services;
`coffee bars; mobile restaurant
`services; restaurant services; mobile
`café services for providing food and
`drink
`
`Cl. 21
`1/2005
`
`Cl. 43
`3/2013
`
`1/16/2019
`
`10/22/2019
`
`2,903,214
`
`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.
`
`4/18/2002
`
`5/7/2003
`
`11/16/2004
`
`
`
`
`
`
`
`
`
`Reg. No. Mark Selected Goods/Services First Use Filling Date | Reg. Date
`in
`Commerce
`Date
`
`3,434,822 Cl. 32: non-alcoholic beverages, 4/18/2002 9/7/2007 5/27/2008
`
`namely, energy drinks, excluding
`
`perishable beverage products that
`
`contain fruit juice or soy
`4,625,118 CL. 29: dairy-based beverages; CL 29 6/4/2014 10/21/2014
`
`3/18/2013
`
`Cl. 30: ready to drink tea and tea
`
`based beverages; ready to drink CL 30
`
`flavored tea, tea based beverages; 4/27/2007
`
`ready to drink coffee and coffee
`
`based beverages; ready to drink
`
`flavored coffee and coffee based
`
`beverages; ready to drink
`
`chocolate-based beverages
`3,434,821 CL 5: nutritional supplements 4/18/2002 9/7/2007 5/27/2008
`5,022,676 CL. 5: nutritional supplements in 4/18/2002 5/28/2014 8/16/2016
`
`z ’S Z liquid form
`1 ; '( 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
`5,413,560 Cl. 32: non-alcoholic beverages, 3/1/2017 5/20/2016 2/27/2018
`
`namely, energy drinks, soft drinks,
`sports drinks, and flavored waters;
`water enhanced with vitamins,
`nutrients, proteins, and amino
`acids
`
`
`
`
`
`
`
`
`
`Reg. No.
`
`Mark
`
`Selected Goods/Services
`
`First Use
`in
`Commerce
`Date
`
`Filling Date
`
`Reg. Date
`
`3,740,050
`
`ClL. 5 nutritional supplements
`
`ClL. 32 beverages, namely,
`carbonated soft drinks, carbonated
`drinks enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs, carbonated energy or
`sports drinks
`
`5/14/2009
`
`8/7/2009
`
`1/19/2010
`
`4,865,714
`
`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
`
`4/27/2007
`
`2/4/2015
`
`12/8/2015
`
`5,580,962
`
`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
`drinks, and sports and/or energy
`drinks enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs
`
`3/27/2002
`
`5/17/2018
`
`10/9/2018
`
`5,114,853
`
`------
`
`Cl. 43: restaurant services; bar
`services
`
`10/17/2016
`
`11/27/2013
`
`1/3/2017
`
`-10 -
`
`
`
`
`
`
`
`
`
`Reg. No.
`
`Mark
`
`Selected Goods/Services
`
`First Use
`in
`Commerce
`Date
`
`Filling Date
`
`Reg. Date
`
`7,348,439
`
`Cl. 32: drinking water; energy
`drinks; flavored waters; fruit
`drinks; soft drinks; sparkling
`water; sports drinks; water
`beverages
`
`4/18/2002
`
`9/1/2022
`
`4/2/2024
`
`7,489,758
`
`Cl. 33: alcoholic beverages, except
`beer; alcoholic flavored brewed
`malt beverages, except beers
`
`1/2023
`
`10/12/2022
`
`8/27/2024
`
`7,489,759
`
`ClL. 33: alcoholic beverages, except
`beer; alcoholic flavored brewed
`malt beverages, except beers
`
`1/2023
`
`10/12/2022
`
`8/27/2024
`
`3,134,841
`
`MPNITER
`
`ENERGY
`
`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% 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
`
`04/18/2002
`
`05/07/2003
`
`08/29/2006
`
`9. Petitioner
`
`owns and relies on U.S. Trademark Registration No. 5,889,011 (the
`
`‘011 Registration”) for the mark “] for, inter alia, ‘“beverageware; insulated beverage
`
`containers for domestic use; heat-insulated containers for beverages; bottles, sold empty; drinking
`
`bottles fo