Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1124212
`04/01/2021
`
`Filing date:
`
`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
`Granted to Date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Monster Energy Company
`04/03/2021
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`RYAN L. WALKENHORST (MCBRIDE)
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN ST, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary Email: efiling@knobbe.com
`Secondary Email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`90178331
`04/01/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`02/02/2021
`04/03/2021
`
`REEF GLOBAL IP LLC
`601 BRICKELL KEY DRIVE; SUITE 1000
`MIAMI, FL 33131
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Mobile food kiosk services; Online ordering
`services in the field of food, restaurants, restaurant take-out, and restaurant delivery; Providing con-
`sumer information in the field of food, restaurants,restaurant take-out, and restaurant delivery; Food
`ordering services, namely, online ordering services in the field of restaurant and dark kitchen food
`take-out and delivery services; Online retail store services featuring food and beverage products
`Class 039. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Delivery of food prepared by restaurants;
`Delivery of food prepared in dark kitchen facilities; Food delivery services
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing temporary kitchen facilit-
`ies;Providing dark kitchen facilities; Providing specialized facilities for food preparation; Leasing and
`
`

`

`rental of kitchenfacilities; Food preparation services; Providing of food and drink; Restaurant services;
`Catering services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act Section 2(d)
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`5114854
`
`01/03/2017
`
`Application Date
`
`12/02/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 043. First use: First Use: 2016/10/17 First Use In Commerce: 2016/10/17
`Restaurant services; bar services
`
`U.S. Registration
`No.
`Registration Date
`
`5114853
`
`01/03/2017
`
`Application Date
`
`11/27/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`M MONSTER ENERGY
`
`The mark consists of the letter "M" in the form of a claw above the words "MON-
`STER ENERGY".
`Class 043. First use: First Use: 2016/10/17 First Use In Commerce: 2016/10/17
`Restaurant services; bar services
`
`U.S. Registration
`No.
`Registration Date
`
`5689189
`
`03/05/2019
`
`Application Date
`
`05/08/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`JAVA MONSTER
`
`NONE
`
`Class 043. First use: First Use: 2013/03/00 First Use In Commerce: 2013/03/00
`Bar services; Café services; Coffee bars; Mobile restaurant services; Restaur-
`ant services; Mobile café services for providing food and drink
`
`U.S. Registration
`No.
`Registration Date
`
`3057061
`
`02/07/2006
`
`Word Mark
`Design Mark
`
`MONSTER ENERGY
`
`Application Date
`
`04/18/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Fruit juice drinks having a juice content of 50% or less by volume that are shelf
`stable, carbonated soft drinks, carbonated drinks enhanced with vitamins, miner-
`als, nutrients, amino acids and/or herbs, [ aerated water, soda water and seltzer
`water, ] but excluding perishable beverage products that contain fruit juiceor soy,
`whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4111964
`
`03/13/2012
`
`Application Date
`
`08/24/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER REHAB
`
`NONE
`
`Class 030. First use: First Use: 2011/02/00 First Use In Commerce: 2011/02/00
`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.
`Registration Date
`
`3044315
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruitjuice or soy, whether such products arepas-
`teurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`5018111
`
`08/09/2016
`
`Application Date
`
`03/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`JAVA MONSTER
`
`NONE
`
`Class 030. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Ready to drink coffee, iced coffee and coffee based beverages; ready to drink
`flavored coffee, iced coffee and coffee based beverages
`
`U.S. Registration
`No.
`Registration Date
`
`5581661
`
`10/09/2018
`
`Word Mark
`
`ESPRESSO MONSTER
`
`Application Date
`
`05/08/2017
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 030. First use: First Use: 2017/10/00 First Use In Commerce: 2017/10/00
`Ready to drink coffee, iced coffee and coffee based beverages; ready to drink
`flavored coffee, iced coffee and coffee based beverages; beverages with coffee
`base
`Class 032. First use: First Use: 2017/10/00 First Use In Commerce: 2017/10/00
`Non-alcoholic beverages, namely, soft drinks and energy drinks
`
`U.S. Registration
`No.
`Registration Date
`
`4129288
`
`04/17/2012
`
`Application Date
`
`07/06/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER REHAB
`
`NONE
`
`Class 005. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitam-
`ins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated en-
`ergy or sports drinks, fruit juice drinks having a juice content of 50% or less by
`volume that are shelf-stable; all the foregoing goods exclude perishable bever-
`age products that contain fruit juice or soy,whether such products are pasteur-
`ized or not
`
`U.S. Registration
`No.
`Registration Date
`
`3959457
`
`05/10/2011
`
`Application Date
`
`12/08/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`JAVA MONSTER
`
`NONE
`
`Class 032. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Beverages, namely, soft drinks; non-carbonated energy drinks; non-carbonated
`sports drinks; soft drinks and non-carbonated energy drinks, all enhanced with
`vitamins, minerals, nutrients, amino acids,and/or herbs, but excluding perishable
`beverage products that contain fruit juice or soy, whether such products are pas-
`teurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4376796
`
`07/30/2013
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`MUSCLE MONSTER
`
`NONE
`
`Application Date
`
`07/02/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Goods/Services
`
`Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks; all the foregoing goods exclude perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4451535
`
`12/17/2013
`
`Application Date
`
`07/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MUSCLE MONSTER
`
`NONE
`
`Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Vitamin fortified beverages
`Class 029. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Dairy-based beverages; dairy-based energy shakes; energy shakes; [ coffee en-
`ergy shakes; ] chocolate energy shakes
`Class 030. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`[ Ready to drink coffee based beverages; ] ready to drink chocolate-based
`beverages
`
`U.S. Registration
`No.
`Registration Date
`
`4604556
`
`09/16/2014
`
`Application Date
`
`11/22/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`PUNCH MONSTER
`
`NONE
`
`Class 005. First use: First Use: 2014/01/09 First Use In Commerce: 2014/01/09
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2014/01/09 First Use In Commerce: 2014/01/09
`Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with
`juice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude
`perishable beverage products that contain fruit juice or soy, whether such
`products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4634053
`
`11/04/2014
`
`Word Mark
`Design Mark
`Description of
`Mark
`
`MONSTER ASSAULT
`
`NONE
`
`Application Date
`
`11/15/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Goods/Services
`
`Class 005. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Nutritional supplements in liquid form;vitamin fortified beverages
`Class 032. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
`Non-alcoholic beverages, namely, energydrinks, [ energy drinks flavored with
`juice, ] sports drinks, all enhanced withvitamins, minerals, nutrients, proteins,
`amino acids, and/or herbs, but excluding perishable beverage products that con-
`tain fruit juice or soy, whether such products are pasteurized or not
`
`U.S. Registration
`No.
`Registration Date
`
`4716750
`
`04/07/2015
`
`Application Date
`
`02/24/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`JUICE MONSTER
`
`NONE
`
`Class 005. First use: First Use: 2014/06/23 First Use In Commerce: 2014/06/23
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2014/06/23 First Use In Commerce: 2014/06/23
`Non-alcoholic beverages, namely, energydrinks and drinks enhanced with vit-
`amins, minerals, nutrients, amino acids and/or herbs, but excluding perishable
`beverage products that contain fruit juice orsoy
`
`U.S. Registration
`No.
`Registration Date
`
`4036681
`
`10/11/2011
`
`Application Date
`
`09/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. Registration
`No.
`Registration Date
`
`4036680
`
`10/11/2011
`
`Application Date
`
`09/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Nutritional supplements in liquid form
`
`U.S. Registration
`No.
`Registration Date
`
`3134842
`
`08/29/2006
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`M MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`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, 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.
`Registration Date
`
`3044314
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`M MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruitjuice or soy, whether such products arepas-
`teurized or not
`
`3852118
`
`Application Date
`
`02/13/2009
`
`09/28/2010
`
`Foreign Priority
`Date
`LO-CARB MONSTER ENERGY
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Nutritional supplements
`Class 032. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Non-alcoholic beverages, namely, energydrinks, drinks enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs
`
`U.S. Registration
`No.
`Registration Date
`
`5281559
`
`09/05/2017
`
`Application Date
`
`06/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER ENERGY ULTRA
`
`NONE
`
`Class 005. First use: First Use: 2014/02/05 First Use In Commerce: 2014/02/05
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2014/02/05 First Use In Commerce: 2014/02/05
`
`

`

`Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energy
`drinks, sports drinks, and soft drinks; energy drinks and sports drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs
`
`U.S. Registration
`No.
`Registration Date
`
`5476437
`
`05/22/2018
`
`Application Date
`
`12/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER HYDRO
`
`NONE
`
`Class 032. First use: First Use: 2018/02/26 First Use In Commerce: 2018/02/26
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`U.S. Registration
`No.
`Registration Date
`
`5716915
`
`04/02/2019
`
`Application Date
`
`12/11/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`MONSTER MAXX
`
`NONE
`
`Class 032. First use: First Use: 2018/02/00 First Use In Commerce: 2018/02/00
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
`U.S. Registration
`No.
`Registration Date
`
`5759008
`
`05/21/2019
`
`Application Date
`
`04/10/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`MONSTER MULE
`
`NONE
`
`Class 032. First use: First Use: 2018/06/00 First Use In Commerce: 2018/06/00
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
`2021-04-01 NOTICE OF OPPOSITION - SER NO 90178331 -
`HANB.12799M.pdf(687793 bytes )
`EX 1 REG NO 5114854 - HANB.12799M.pdf(1187450 bytes )
`EX 2 REG NO 5114853 - HANB.12799M.pdf(1237441 bytes )
`EX 3 REG NO 5689189 - HANB.12799M.pdf(1237429 bytes )
`EX 4 REG NO 3057061 - HANB.12799M.pdf(1207818 bytes )
`EX 5 REG NO 4111964 - HANB.12799M.pdf(1267628 bytes )
`EX 6 REG NO 3044315 - HANB.12799M.pdf(1202028 bytes )
`EX 7 REG NO 5018111 - HANB.12799M.pdf(1163869 bytes )
`EX 8 REG NO 5581661 - HANB.12799M.pdf(1170487 bytes )
`EX 9 REG NO 4129288- HANB.12799M.pdf(1225383 bytes )
`EX 10 REG NO 3959457- HANB.12799M.pdf(1745875 bytes )
`
`

`

`EX 11 REG NO 4376796- HANB.12799M.pdf(1223858 bytes )
`EX 12 REG NO 4451535- HANB.12799M.pdf(1188692 bytes )
`EX 13 REG NO 4604556- HANB.12799M.pdf(1201631 bytes )
`EX 14 REG NO 4634053- HANB.12799M.pdf(1194693 bytes )
`EX 15 REG NO 4716750- HANB.12799M.pdf(1195692 bytes )
`EX 16 REG NO 4036681- HANB.12799M.pdf(1223614 bytes )
`EX 17 REG NO 4036680- HANB.12799M.pdf(1206860 bytes )
`EX 18 REG NO 3134842- HANB.12799M.pdf(1209381 bytes )
`EX 19 REG NO 3044314- HANB.12799M.pdf(1200851 bytes )
`EX 20 REG NO 3852118- HANB.12799M.pdf(1708222 bytes )
`EX 21 REG NO 5281559- HANB.12799M.pdf(1252322 bytes )
`EX 22 REG NO 5476437- HANB.12799M.pdf(1227369 bytes )
`EX 23 REG NO 5716915- HANB.12799M.pdf(1219813 bytes )
`EX 24 REG NO 5759008- HANB.12799M.pdf(1217936 bytes )
`
`Signature
`Name
`Date
`
`/Ryan L. Walkenhorst (McBride)/
`RYAN L. WALKENHORST (MCBRIDE)
`04/01/2021
`
`

`

`HANB.12799M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.: ___________
`
`
`Serial No.: 90/178331
`
`Mark: LOX MONSTER
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`REEF GLOBAL IP LLC,
`
`
`
`
`
`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
`
`registration of U.S. Trademark Application Serial No. 90/178,331 (the “Application”) for the mark
`
`LOX MONSTER (“Applicant’s Mark”) filed by Reef Global IP LLC (“Applicant”), and therefore
`
`opposes the same.
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on September 14, 2020, Applicant seeks to obtain registration
`
`on the Principal Register of the mark LOX MONSTER for “mobile food kiosk services; online
`
`ordering services in the field of food, restaurants, restaurant take-out, and restaurant delivery;
`
`providing consumer information in the field of food, restaurants, restaurant take-out, and restaurant
`
`delivery; food ordering services, namely, online ordering services in the field of restaurant and
`
`
`
`
`- 1 -
`
`

`

`dark kitchen food take-out and delivery services; online retail store services featuring food and
`
`beverage products” in International Class 35, “delivery of food prepared by restaurants; delivery
`
`of food prepared in dark kitchen facilities; food delivery services” in International Class 39, and
`
`“providing temporary kitchen facilities; providing dark kitchen facilities; providing specialized
`
`facilities for food preparation; leasing and rental of kitchen facilities; food preparation services;
`
`providing of food and drink; restaurant services; catering services” in International Class 43 based
`
`on Applicant’s alleged intent to use the mark in interstate commerce.
`
`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has been,
`
`and still is, engaged in the development, marketing, and/or sale of beverages, nutritional
`
`supplements, clothing, and other products and services under the marks MONSTERTM and
`
`MONSTER ENERGY® and related marks, all containing “MONSTER.” Opposer’s family of
`
`MONSTER Marks includes, but is not limited to, the following: MONSTERTM, MONSTER
`
`ENERGY®,
`
`®, MONSTER REHAB®, MUSCLE MONSTER®, PUNCH MONSTER®,
`
`MONSTER ASSAULT®, JUICE MONSTER®, JAVA MONSTER®, M MONSTER ENERGY®,
`
`LO-CARB MONSTER ENERGY®, ESPRESSO MONSTER®, MONSTER ENERGY ULTRA®,
`
`MONSTER HYDRO®, MONSTER MAXX®, and MONSTER MULE® (hereinafter collectively,
`
`the “MONSTER Marks”).
`
`3.
`
`Since at least before the filing date of the Application, Opposer has continuously
`
`used and promoted its family of MONSTER Marks. Opposer’s family of MONSTER Marks is
`
`the subject of substantial and continuous marketing and promotion by Opposer in connection with
`
`its beverages, nutritional supplements, clothing and numerous other products and services.
`
`
`
`- 2 -
`
`

`

`Opposer’s beverages bearing its MONSTER Marks have been and/or are currently sold or
`
`distributed at locations throughout the United States, including where food and beverages are sold
`
`for consumption on-premise such as restaurants, bars, sports venues, theme parks and cinemas.
`
`4.
`
`Opposer also uses its MONSTER Marks in connection with restaurant services,
`
`including in connection with its Monster Beastro restaurant. The following are images of the
`
`Monster Beastro restaurant showing exemplary use of the MONSTER Marks in connection with
`
`the restaurant:
`
`
`
`5.
`
`Opposer also promotes the MONSTER Marks through, for example, the
`
`sponsorship of music festivals, athletes, and sports events that are televised nationwide and
`
`internationally. Opposer frequently sets up VIP and hospitality areas at its sponsored or attended
`
`events at numerous locations across the United States. Opposer frequently serves food and
`
`beverages at these VIP and hospitality areas. Images of Opposer’s VIP and hospitality areas
`
`displaying Opposer’s MONSTER Marks are shown below:
`
`
`
`- 3 -
`
`

`

`
`
`
`
`6.
`
`Opposer also has and continues to widely market and promote its family of
`
`MONSTER Marks in the industry and to consumers by, for example, displaying the MONSTER
`
`Marks extensively on billions of cans of beverages; on apparel, merchandise, and on product
`
`samplings; on promotional and point of sale materials; in magazines and other industry
`
`publications; on the monsterenergy.com website, monsterarmy.com website and other Internet
`
`websites and social media sites; and at trade shows and other live events.
`
`7.
`
`By virtue of Opposer’s continuous and substantial use, the MONSTER Marks have
`
`become famous identifiers of Opposer such that consumers have come to recognize a family of
`
`MONSTER Marks with which Opposer offers, markets and sells its goods and services. As a
`
`result, Opposer has built up, at great expense and effort, valuable goodwill in its family of MONSTER
`
`Marks and has developed strong common law rights in its MONSTER Marks. Opposer relies on
`
`
`
`- 4 -
`
`

`

`its common law rights in its family of MONSTER Marks, which rights predate the filing date of
`
`the Application.1
`
`8.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`First Use in
`Commerce
`October 17,
`2016
`
`Filing Date
`
`December 2,
`2013
`
`Registration
`Date
`January 3,
`2017
`
`October 17,
`2016
`
`November 27,
`2013
`
`January 3,
`2017
`
`March
`2013
`
`May 8,
`2018
`
`March 5,
`2019
`
`April 18,
`2002
`
`April 18,
`2002
`
`February 7,
`2006
`
`following registrations:
`
`Mark
`
`MONSTER
`ENERGY®
`
`Registration
`Number
`5,114,854
`
`5,114,853
`
`®
`
`JAVA
`MONSTER®
`
`5,689,189
`
`MONSTER
`ENERGY®
`
`3,057,061
`
`Goods and
`Services
`IC 43: restaurant
`services; bar
`services
`IC 43: restaurant
`services; bar
`services
`
`IC 43: bar
`services; café
`services; coffee
`bars; mobile
`restaurant services;
`restaurant services;
`mobile café
`services for
`providing food and
`drink
`IC 32: fruit juice
`drinks having a
`juice content of
`50% or less by
`volume that are
`shelf stable,
`carbonated soft
`drinks, carbonated
`drinks enhanced
`with vitamins,
`minerals, nutrients,
`amino acids and/or
`
`
`1 Opposer has also obtained California Trademark Registration No. 108,124 for the mark
`MONSTER for “fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs, aerated water, soda water and seltzer
`water” in International Class 32, which registration issued April 24, 2002.
`
`
`
`- 5 -
`
`

`

`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`February
`2011
`
`August 24,
`2011
`
`March 13,
`2012
`
`April 18,
`2002
`
`May 23,
`2003
`
`January 17,
`2006
`
`April 27,
`2007
`
`March 15,
`2016
`
`August 9,
`2016
`
`October
`2017
`
`May 8,
`2017
`
`October 9,
`2018
`
`Mark
`
`Registration
`Number
`
`MONSTER
`REHAB®
`
`4,111,964
`
`MONSTER
`ENERGY®
`
`3,044,315
`
`JAVA
`MONSTER®
`
`5,018,111
`
`ESPRESSO
`MONSTER®
`
`
`5,581,661
`
`
`
`
`Goods and
`Services
`herbs, but
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`
`IC 30: ready to
`drink tea, iced tea
`and tea based
`beverages; ready
`to drink flavored
`tea, iced tea and
`tea based
`beverages
`IC 5: nutritional
`supplements in
`liquid form, but
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 30: ready to
`drink coffee, iced
`coffee and coffee
`based beverages;
`ready to drink
`flavored coffee,
`iced coffee and
`coffee based
`beverages
`IC 30: ready to
`drink coffee, iced
`coffee and coffee
`based beverages;
`ready to drink
`flavored coffee,
`
`- 6 -
`
`

`

`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`March 2,
`2011
`
`
`July 6,
`2010
`
`April 17,
`2012
`
`April 27,
`2007
`
`December 8,
`2005
`
`May 10,
`2011
`
`Mark
`
`Registration
`Number
`
`MONSTER
`REHAB®
`
`4,129,288
`
`JAVA
`MONSTER®
`
`3,959,457
`
`
`
`Goods and
`Services
`iced coffee and
`coffee based
`beverages;
`beverages with
`coffee base
`IC 05: nutritional
`supplements in
`liquid form
`IC 32: beverages,
`namely, non-
`alcoholic, non-
`carbonated drinks
`enhanced with
`vitamins, minerals,
`nutrients, proteins,
`amino acids and/or
`herbs; non-
`carbonated energy
`or sports drinks,
`fruit juice drinks
`having a juice
`content of 50% or
`less by volume
`that are shelf-
`stable; all the
`foregoing goods
`exclude perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 32: beverages,
`namely, soft
`drinks; non-
`carbonated energy
`drinks; non-
`carbonated sports
`drinks; soft drinks
`and noncarbonated
`energy drinks, all
`enhanced with
`vitamins, minerals,
`
`- 7 -
`
`

`

`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`March 18,
`2013
`
`July 2,
`2010
`
`July 30,
`2013
`
`March 18,
`2013
`
`July 10,
`2013
`
`December 17,
`2013
`
`Mark
`
`Registration
`Number
`
`MUSCLE
`MONSTER®
`
`4,376,796
`
`MUSCLE
`MONSTER®
`
`4,451,535
`
`
`
`Goods and
`Services
`nutrients, amino
`acids, and/or
`herbs, but
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 05: nutritional
`supplements in
`liquid form
`IC 32: beverages,
`namely, soft
`drinks; non-
`alcoholic and non-
`carbonated drinks
`enhanced with
`vitamins, minerals,
`nutrients, proteins,
`amino acids and/or
`herbs; non-
`carbonated energy
`or sports drinks;
`all the foregoing
`goods exclude
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 05: vitamin
`fortified beverages
`IC 29: dairy-based
`beverages; dairy-
`based energy
`shakes; energy
`shakes; chocolate
`energy shakes
`IC 30: ready to
`
`- 8 -
`
`

`

`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`January 9,
`2014
`
`November 22,
`2013
`
`September 16,
`2014
`
`May
`2008
`
`November 15,
`2013
`
`November 4,
`2014
`
`Mark
`
`Registration
`Number
`
`PUNCH
`MONSTER®
`
`4,604,556
`
`MONSTER
`ASSAULT®
`
`4,634,053
`
`
`
`Goods and
`Services
`drink chocolate-
`based beverages
`IC 05: nutritional
`supplements in
`liquid form;
`vitamin fortified
`beverages
`IC 32: non-
`alcoholic
`beverages, namely,
`energy drinks,
`energy drinks
`flavored with
`juice, fruit-
`flavored drinks,
`soft drinks, sports
`drinks, all
`enhanced with
`vitamins, minerals,
`nutrients, amino
`acids and/or herbs;
`all the foregoing
`goods exclude
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 05: nutritional
`supplements in
`liquid form;
`vitamin fortified
`beverages
`IC 32: non-
`alcoholic
`beverages, namely,
`energy drinks,
`energy drinks
`flavored with
`juice, sports
`drinks, all
`enhanced with
`
`- 9 -
`
`

`

`Mark
`
`Registration
`Number
`
`JUICE
`MONSTER®
`
`4,716,750
`
`MONSTER
`ENERGY®
`
`4,036,681
`
`MONSTER
`ENERGY®
`
`4,036,680
`
`M MONSTER
`ENERGY®
`
`3,134,842
`
`
`
`Goods and
`Services
`vitamins, minerals,
`nutrients, proteins,
`amino acids,
`and/or herbs, but
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 05: nutritional
`supplements in
`liquid form
`IC 32: non-
`alcoholic
`beverages, namely,
`energy drinks and
`drinks enhanced
`with vitamins,
`minerals, nutrients,
`amino acids and/or
`herbs, but
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy
`IC 32: non-
`alcoholic
`beverages, namely,
`energy drinks,
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy
`IC 5: nutritional
`supplements in
`liquid form
`IC 32: beverages,
`namely,
`carbonated soft
`
`- 10 -
`
`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`June 23,
`2014
`
`February 24,
`2012
`
`April 7,
`2015
`
`April 18,
`2002
`
`September 11,
`2007
`
`October 11,
`2011
`
`April 18,
`2002
`
`September 11,
`2007
`
`October 11,
`2011
`
`April 18,
`2002
`
`May 7,
`2003
`
`August 29,
`2006
`
`

`

`Mark
`
`Registration
`Number
`
`M MONSTER
`ENERGY®
`
`3,044,314
`
`LO-CARB
`MONSTER
`ENERGY®
`
`3,852,118
`
`
`
`
`
`
`
`Goods and
`Services
`drinks, carbonated
`drinks enhanced
`with vitamins,
`minerals, nutrients,
`amino acids and/or
`herbs, 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
`IC 05: nutritional
`supplements in
`liquid form, but
`excluding
`perishable
`beverage products
`that contain fruit
`juice or soy,
`whether such
`products are
`pasteurized or not
`IC 05: nutritional
`supplements
`IC 32: non-
`alcoholic
`beverages, namely,
`energy drinks,
`drinks enhanced
`with vitamins,
`minerals, nutrients,
`amino acids and/or
`herbs
`
`
`- 11 -
`
`First Use in
`Commerce
`
`Filing Date
`
`Registration
`Date
`
`April 18,
`2002
`
`May 23,
`2003
`
`January 17,
`2006
`
`August
`2003
`
`February 13,
`2009
`
`September 28,
`2010
`
`
`
`
`
`
`
`

`

`First Use in
`Commerce
`February 5,
`2014
`
`Filing Date
`
`June 12,
`2014
`
`Registration
`Date
`September 5,
`2017
`
`February 26,
`2018
`
`December 15,
`2016
`
`May 22,
`2018
`
`February
`2018
`
`December 11,
`2017
`
`April 2,
`2019
`
`June
`2018
`
`April 10,
`2018
`
`May 21,
`2019
`
`Registration
`Number
`5,281,559
`
`Mark
`
`MONSTER
`ENERGY
`ULTRA®
`
`MONSTER
`HYDRO®
`
`5,476,437
`
`MONSTER
`MAXX®
`
`5,716,915
`
`MONSTER
`MULE®
`
`5,759,008
`
`
`
`
`
`
`
`Goods and
`Services
`IC 05: nutritional
`supplements in
`liquid form
`IC 32: non-
`alcoholic
`beverages, namely,
`carbonated soft
`drinks, carbonated
`energy drinks,
`sports drinks, and
`soft drinks; energy
`drinks and sports
`drinks enhanced
`with vitamins,
`minerals, nutrients,
`amino acids and/or
`herbs
`IC 32: non-
`alcoholic
`beverages, namely,
`energy drinks, soft
`drinks, sports
`drinks, and
`flavored waters;
`water enhanced
`with vitamins,
`nutrients, proteins,
`and amino acids
`IC 32: non-
`alcoholic
`beverages, namely,
`soft drinks, energy
`drinks, and sports
`drinks
`IC 32: non-
`alcoholic
`beverages, namely,
`soft drinks, energy
`drinks, and sports
`drinks
`
`- 12 -
`
`

`

`9.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,114,854 (the “’854
`
`Registration”) for the mark MONSTER ENERGY® for “restaurant services; bar services” in
`
`International Class 43, which registration issued January 3, 2017 and is based on an application filed
`
`in the United States Patent and Trademark Office (“PTO”) on December 2, 2013. The filing date of
`
`Opposer’s ’854 Registration is prior to the filing date of the Application. True and correct copies of
`
`the specifics of the ’854 Registration obtained from the PTO’s TESS and Assignment databases are
`
`hereto as Exhibit 1 and made of record.
`
`10.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,114,853 (the “’853
`
`Registration”) for the mark
`
`® for “restaurant services; bar services” in International Class
`
`43, which registration issued January 3, 2017 and is based on an application filed in the PTO on
`
`November 27, 2013. The filing date of Opposer’s ’853 Registration is prior to the filing date of the
`
`Application. True and correct copies of the specifics of the ’853 Registration obtained from the PTO’s
`
`TESS and Assignment databases are attached hereto as Exhibit 2 and made of record.
`
`11.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,689,189 (the “’189
`
`Registration”) for the mark JAVA MONSTER® for “bar services; café services; coffee bars;
`
`mobile restaurant services; restaurant services; mobile café services for providing food and drink”
`
`in International Class 43, which registration issued March 5, 2019 and is based on an application
`
`filed in the PTO on May 8, 2018. The filing date of Opposer’s ’189 R