Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1006896
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`Filing date:
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`10/06/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91248477
`
`Party
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`Correspondence
`Address
`
`Defendant
`GML Coatings, LLC
`
`DANIEL R. FRIJOUF
`FRIJOUF, RUST & PYLE, P.A.
`201 EAST DAVIS BLVD
`TAMPA, FL 33606
`frijouf@frijouf.com
`no phone number provided
`
`Submission
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`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Daniel R. Frijouf
`
`frijouf@frijouf.com
`
`/d/
`
`10/06/2019
`
`Attachments
`
`GML.19001 Answer.pdf(27306 bytes )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
`
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`In the matter of United States Trademark Application Serial No. 87652119
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`
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`Monster Energy Company,
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`Opposer,
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`v.
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`GML Coatings, LLC,
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`Applicant.
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`Opposition No.: 91248477
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`ANSWER TO NOTICE OF OPPOSITION
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`COMES NOW, GML Coatings, LLC (“Applicant”), by and through its attorneys,
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`and hereby answers and asserts affirmative defenses to the Notice of Opposition, filed by
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`Monster Energy Company (“Opposer”). Unless specifically admitted by Applicant
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`herein, Applicant denies each and every allegation in Opposer’s Notice of Opposition.
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`Applicant’s Answer to the First, Non-enumerated
`Paragraph of the Notice of Opposition
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`
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`As to Opposer’s first non-enumerated “preamble” paragraph, Applicant denies
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`that there is or will be any damage, whatsoever, to the Opposer by reason of United
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`States Application No. 87652119 (“Applicant’s Mark”), or any resulting registration on
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`the Principal Register of the United States Trademark Office. Applicant is without
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`

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`knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations in Opposer’s preamble paragraph and therefore denies the same.
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`
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`Applicant’s Answers to the Specifically Enumerated
`Paragraphs of the Notice of Opposition
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`1.
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`Applicant admits Applicant’s Mark was filed on October 19, 2017, and
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`asserts a date of first use as of June 7, 2006. Applicant admits that Applicant’s mark is
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`now pending in conjunction with IC 002: coatings in the nature of sprayed monolithic
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`membrane coatings that are environmentally friendly, all the foregoing not relating to
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`sports or a sports team, sports league, sports mascot or sports stadium. By way of further
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`answer, Applicant is the owner of U.S. Registration No. 3808104, which inadvertently
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`expired on January 27, 2017. Applicant denies the remaining allegations of Paragraph 1
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`of the Notice of Opposition.
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`2.
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`Applicant denies Opposer owns a family of MONSTER Marks. Applicant
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`is without knowledge or information sufficient to form a belief as the truth of the
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`remaining allegations in this paragraph, and therefore denies the same.
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`3.
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`Applicant denies Opposer owns a family of MONSTER Marks. Applicant
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`is without knowledge or information sufficient to form a belief as the truth of the
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`remaining allegations in this paragraph, and therefore denies the same.
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`4.
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`Applicant denies Opposer owns a family of MONSTER Marks. Applicant
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`denies Opposer’s alleged sponsorships result in Opposer incurring rights in the
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`MONSTER Marks in conjunction with the sponsored goods and services. Applicant is
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`without knowledge or information sufficient to form a belief as the truth of the remaining
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`allegations in this paragraph, and therefore denies the same.
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`5.
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`Applicant denies Opposer’s alleged sponsorships result in Opposer
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`incurring rights in the MONSTER Mark in conjunction with the co-sponsors goods and
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`services. Applicant is without knowledge or information sufficient to form a belief as the
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`truth of the remaining allegations in this paragraph, and therefore denies the same.
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`6.
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`Applicant is without knowledge or information sufficient to form a belief
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`as the truth of the allegations in this paragraph, and therefore denies the same.
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`7.
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`Applicant is without knowledge or information sufficient to form a belief
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`as the truth of the allegations in this paragraph, and therefore denies the same.
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`8.
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`Applicant is without knowledge or information sufficient to form a belief
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`as the truth of the allegations in this paragraph, and therefore denies the same.
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`9.
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`Applicant is without knowledge or information sufficient to form a belief
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`as the truth of the allegations in this paragraph, and therefore denies the same.
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`10.
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`Applicant is without knowledge or information sufficient to form a belief
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`as the truth of the allegations in this paragraph, and therefore denies the same.
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`11.
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`Applicant denies the MONSTER Marks are famous. Applicant denies
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`Opposer owns a family of MONSTER Marks. Applicant is without knowledge or
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`information sufficient to form a belief as the truth of the remaining allegations in this
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`paragraph, and therefore denies the same.
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`12.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3908601. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3908601, and therefore denies the
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`same. Applicant denies the filing date of U.S. Registration No. 3908601, is prior to
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`Applicant’s date of first interstate use of Applicant’s Mark.
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`13.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3923683. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy
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`and validity of U.S. Registration No. 3923683, and therefore denies the same. Applicant
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`denies the filing date of U.S. Registration No. 3923683, is prior to Applicant’s date of
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`first interstate use of Applicant’s Mark.
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`14.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3908600. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3908600, and therefore denies the
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`same. Applicant denies the filing date of U.S. Registration No. 3908600, is prior to
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`Applicant’s date of first interstate use of Applicant’s Mark.
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`15.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3914828. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3914828, and therefore denies the
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`same. Applicant denies the filing date of U.S. Registration No. 3914828, is prior to
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`Applicant’s date of first interstate use of Applicant’s Mark.
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`16.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3044315. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3044315, and therefore denies the
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`same.
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`17.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 4036680. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 4036680, and therefore denies the
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`same. Applicant denies the filing date of U.S. Registration No. 4036680, is prior to
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`Applicant’s date of first interstate use of Applicant’s Mark.
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`18.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 4036681. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 4036681, and therefore denies the
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`same. Applicant denies the filing date of U.S. Registration No. 4036681, is prior to
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`Applicant’s date of first interstate use of Applicant’s Mark.
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`19.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3057061. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3057061, and therefore denies the
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`same.
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`20.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3959457. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3959457, and therefore denies the
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`same.
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`21.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3044314. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3044314, and therefore denies the
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`same.
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`22.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3852118. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3852118, and therefore denies the
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`same. Applicant denies the filing date of U.S. Registration No. 3852118, is prior to
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`Applicant’s date of first interstate use of Applicant’s Mark.
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`23.
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`Applicant admits that the United States Trademark Office database
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`reflects that Opposer is the listed owner of U.S. Registration No. 3134842. Applicant
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`lacks sufficient knowledge or information sufficient to form a belief as to the accuracy,
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`validity and incontestability of U.S. Registration No. 3134842, and therefore denies the
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`same.
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`24.
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`Applicant admits the foregoing registrations are presently unrevoked and
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`uncancelled. Applicant lacks sufficient knowledge or information sufficient to form a
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`belief as to the accuracy and validity of the foregoing registrations, and therefore denies
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`the same.
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`25.
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`Applicant lacks sufficient knowledge or information sufficient to form a
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`belief as to the accuracy, validity and incontestability of the registrations, and therefore
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`denies the same.
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`26.
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`Denied.
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`27.
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`Applicant admits Applicant seeks a federal registration for Applicant’s
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`Mark in conjunction with coatings in the nature of sprayed monolithic membrane
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`coatings that are environmentally friendly, all the foregoing not relating to sports or a
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`sports team, sports league, sports mascot or sports stadium. Applicant admits that if a
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`registration issues for Applicant’s mark, such registration will constitute prima facie
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`evidence of Applicant’s exclusive right to use Applicant’s mark in commerce on or in
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`conjunction with the goods.
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`28.
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`Denied.
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`29.
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`Denied.
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`Applicant’s Answer to the Non-enumerated “Prayer for Relief”
`Clause of the Notice of Opposition
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`As to Opposer’s non-enumerated prayer for relief qua “WHEREFORE” clause,
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`Applicant respectfully requests denial of the relief sought therein, and instead requests
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`that the present Notice of Opposition be dismissed with prejudice, and that Applicant’s
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`Mark be granted a Registration.
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`Applicant’s Affirmative and Other Defenses to the Notice of Opposition
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`1.
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`The Notice of Opposition fails to state a cause of action upon which relief
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`may be granted.
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`2.
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`3.
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`Applicant has priority of use.
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`The scope of Opposer’s trademark rights, if any, are not broad enough to
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`preclude Applicant’s use and registration of Applicant’s Mark.
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`4.
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`Consumer confusion is not likely between Applicant’s Mark and
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`Opposer’s Mark.
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`5.
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`Opposer’s Mark is not famous within the meaning of Section 43(a) of the
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`Lanham Act so there is no possibility of dilution of Opposer’s Mark by registering
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`Applicant’s mark.
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`6.
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`Applicant presently has insufficient knowledge or information upon which
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`to form a belief as to whether it has additional, as yet unstated, affirmative defenses and
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`claims for relief available. Applicant reserves the right to assert additional affirmative
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`defenses and other claims for relief for which Applicant has developed factual support
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`pending the outcome of discovery or otherwise.
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`WHEREFORE, Applicant having fully answered the Opposition, Applicant
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`respectfully prays:
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`(i)
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`that the Opposition be dismissed and/or denied in its entirety with
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`prejudice;
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`(ii)
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`that judgment be entered in favor of Applicant on the Opposition and each
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`and every claim and count thereof;
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`(iii)
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`that a Registration be issued to Applicant for Applicant’s Mark, as applied
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`for in Application Serial No. 87652119; and
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`(iv)
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`that Applicant be granted such other and further relief as the Board deems
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`just and proper.
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`October 6, 2019
`Date
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`Frijouf, Rust & Pyle, P.A.
`
`
`
`
`Daniel R. Frijouf
`Robert F. Frijouf
`David A. Frijouf
`Frijouf, Rust & Pyle, P.A.
`201 East Davis Blvd
`Tampa, Florida 33606
`Tel: 813.254.5100
`Fax: 813.254.5400
`frijouf@frijouf.com
`dan@frijouf.com
`Attorneys for Applicant
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`CERTIFICATE OF SERVICE
`
` It is hereby certified that this Answer was furnished via email to Alexander D. Zeng,
`at efiling@knobbe.com; MEC.TTAB@knobbe.com and alexander.zeng@knobbe.com,
`this sixth day of October 2019.
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`
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`
`
`Daniel R. Frijouf
`
`

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