Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1217583
`06/24/2022
`
`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
`06/25/2022
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`EMILY J. ASGARI
`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 no.
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`90791761
`06/24/2022
`
`Publication date
`Opposition period
`ends
`
`04/26/2022
`06/25/2022
`
`YU, TIAN XIANG
`ROOM 506, 2193 GUANGYUAN EAST ROAD
`TIANHE DISTRICT
`GUANGZHOU, 510630
`CHINA
`
`Goods/services affected by opposition
`
`Class 022. First Use: Apr 9, 2021 First Use In Commerce: Apr 9, 2021
`All goods and services in the class are opposed, namely: Sails; Tarpaulins; Tents; Awnings for
`vehicles of textile or synthetic materials; Awnings of textile; Awnings of textile or synthetic materials;
`Brattice cloth; Camouflage nets for visual and radar uses; Canvas tarpaulins; Dust sheets; Nets for
`camouflage; Unfitted vehicle covers; Wadding for filtering
`
`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.
`Register
`Registration date
`
`5927420
`
`Principal
`12/03/2019
`
`Application date
`
`03/14/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 035. First use: First Use: Mar 22, 2006 First Use In Commerce: Mar 22,
`2006
`Promoting goods and services in the sports, motorsports, electronic sports,
`andmusic industries through the distribution of printed, audio and visual promo-
`tional material; promoting sports, electronic sports and music events, perform-
`ancesand competitions for others
`Class 041. First use: First Use: Mar 22, 2006 First Use In Commerce: Mar 22,
`2006
`Entertainment services in the nature ofsporting events and competitions, elec-
`tronic sporting events and competitions, and music performances and events
`
`U.S. registration
`no.
`Register
`Registration date
`
`4975822
`
`Principal
`06/14/2016
`
`Word mark
`Design mark
`
`UNLEASH THE BEAST!
`
`Application date
`
`03/07/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: 2002 First Use In Commerce: 2002
`Clothing, namely, tops, shirts, [ long-sleeved shirts, ] t-shirts, [ hooded shirts and
`] hooded sweatshirts, sweat shirts [, jackets, pants, bandanas, socks, sweat
`bands and gloves; headgear, namely,hats and beanies ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`2769364
`
`Principal
`09/30/2003
`
`Application date
`
`12/18/2002
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`UNLEASH THE BEAST!
`
`NONE
`
`Class 032. First use: First Use: Apr 16, 2002 First Use In Commerce: Apr 16,
`2002
`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 ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`5820901
`
`Principal
`07/30/2019
`
`Word mark
`Design mark
`
`UNLEASH THE BEAST!
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Apr 16, 2002 First Use In Commerce: Apr 16,
`2002
`Nutritional supplements in liquid form
`Class 020. First use: First Use: Dec 2, 2017 First Use In Commerce: Dec 2,
`2017
`Furniture; chairs; gaming chair
`Class 043. First use: First Use: Feb 3, 2016 First Use In Commerce: Feb 3,
`2016
`Bar services; café services; mobile restaurant services; restaurant services;
`mobile café services for providing food and drink
`
`U.S. registration
`no.
`Register
`Registration date
`
`4336329
`
`Principal
`05/14/2013
`
`Application date
`
`11/03/2010
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`REHAB THE BEAST!
`
`NONE
`
`Class 030. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`
`

`

`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`Class 032. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Non-alcoholic beverages, namely, energydrinks, sports drinks and fruit juice
`drinks; all the foregoing enhanced with vitamins, minerals, nutrients, proteins,
`amino acids and/or herbs
`
`U.S. registration
`no.
`Register
`Registration date
`
`5402465
`
`Principal
`02/13/2018
`
`Application date
`
`06/16/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`HYDRATE THE BEAST!
`
`NONE
`
`Class 032. First use: First Use: Mar 1, 2017 First Use In Commerce: Mar 1,
`2017
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`flavored waters; drinking water, namely, water enhanced with vitamins, nutri-
`ents, proteins, and/or amino acids
`
`U.S. registration
`no.
`Register
`Registration date
`
`4482659
`
`Principal
`02/11/2014
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PUMP UP THE BEAST!
`
`NONE
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Nutritional supplements in liquid form;vitamin fortified beverages
`
`U.S. registration
`no.
`Register
`Registration date
`
`4482660
`
`Principal
`02/11/2014
`
`Word mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 029. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Dairy-based beverages; dairy-based energy shakes
`
`U.S. registration
`no.
`Register
`Registration date
`
`4542107
`
`Principal
`06/03/2014
`
`Word mark
`Design mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`[ Ready to drink coffee-based beverages; coffee-based shakes for boosting en-
`ergy; ] chocolate-based shakes for boostingenergy; ready to drink chocolate-
`based beverages
`
`U.S. registration
`no.
`Register
`Registration date
`
`4546402
`
`Principal
`06/10/2014
`
`Word mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`
`NONE
`
`Class 032. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Non-alcoholic beverages, namely, non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks
`
`4394044
`
`Application date
`
`12/14/2010
`
`Principal
`08/27/2013
`
`Foreign priority
`date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Jul 8, 2009 First Use In Commerce: Jul 8, 2009
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients,proteins, amino acids and/or herbs;
`carbonated energy or sports drinks
`
`5622925
`
`Application date
`
`12/14/2010
`
`Principal
`12/04/2018
`
`Foreign priority
`date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Jul 8, 2009 First Use In Commerce: Jul 8, 2009
`Nutritional energy supplements in liquid form; nutritional supplement bever-
`agescontaining vitamins
`
`U.S. registration
`no.
`Register
`Registration date
`
`5628025
`
`Principal
`12/11/2018
`
`Word mark
`Design mark
`
`REHAB THE BEAST!
`
`Application date
`
`11/03/2010
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`nutritional energy supplements in liquid form; nutritional supplement bever-
`agescontaining vitamins
`
`5633094
`
`Application date
`
`11/19/2012
`
`Principal
`12/18/2018
`
`Foreign priority
`date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`
`

`

`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`Attachments
`
`Nutritional energy supplements in liquid form; nutritional supplement bever-
`agescontaining vitamins
`
`5783086
`
`Application date
`
`04/13/2018
`
`Principal
`06/18/2019
`
`Foreign priority
`date
`UNLEASH THE SALTY BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Aug 2018 First Use In Commerce: Aug 2018
`Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, and-
`fruit juice drinks
`
`4371544
`
`Application date
`
`11/19/2012
`
`Principal
`07/23/2013
`
`Foreign priority
`date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`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
`
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`2022-06-24 NOTICE OF OPPOSITION - SER NO 90791761 -
`HANB.15368M.pdf(943385 bytes )
`
`

`

`EXS 1-16 NOTICE OF OPPOSITION - SER NO 90791761 -
`HANB.15368M.pdf(1861802 bytes )
`
`Signature
`Name
`Date
`
`/EMILY J. ASGARI/
`EMILY J. ASGARI
`06/24/2022
`
`

`

`HANB.15368M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`TIAN XIANG YU,
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`Opposition No.: ___________
`
`Serial No.: 90/791761
`
`Mark:
`
`
`
`
`
`
`
`
`
`
`
`
`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” or “Monster”) believes that it will be
`
`damaged by registration of U.S. Trademark Application Serial No 90/791761 (the “Application”)
`
`for the mark
`
` (“Applicant’s Mark”) filed by Tian Xiang Yu
`
`(“Applicant”) and therefore opposes the same.
`
`
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on June 23, 2021, Applicant seeks to obtain registration on
`
`the Principal Register of the trademark
`
` for “Sails; Tarpaulins;
`
`Tents; Awnings for vehicles of textile or synthetic materials; Awnings of textile; Awnings of textile
`
`or synthetic materials; Brattice cloth; Camouflage nets for visual and radar uses; Canvas tarpaulins;
`
`
`
`- 1 -
`
`

`

`Dust sheets; Nets for camouflage; Unfitted vehicle covers; Wadding for filtering” in International
`
`Class 22 based on Applicant’s alleged use of the mark in interstate commerce since April 9, 2021.
`
`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 sale of beverages, nutritional
`
`supplements, clothing, and other products in connection with Opposer’s UNLEASH THE
`
`BEAST!® mark. Examples of Opposer’s use of its UNLEASH THE BEAST!® mark are shown
`
`below:
`
`
`
`
`
`3.
`
`In addition to Opposer’s use of its UNLEASH THE BEAST!® mark, Opposer has
`
`expanded its use to include other BEAST-inclusive marks, including, for example, HYDRATE
`
`THE BEAST!®, UNLEASH THE NITRO BEAST!®, UNLEASH THE ULTRA BEAST!®,
`
`PUMP UP THE BEAST!®, REHAB THE BEAST!®, and UNLEASH THE SALTY BEAST!®
`
`(collectively, the “BEAST-inclusive Marks”) in connection with its line of beverages.
`
`4.
`
`Since at least as early as 2002, Opposer has continuously used its UNLEASH
`
`THE BEAST!® mark on almost all of the containers of its best-selling original Monster Energy®
`
`
`
`- 2 -
`
`

`

`drink. Since at least as early as 2003, Opposer has continuously used its UNLEASH THE
`
`BEAST!® mark on almost all of the containers of its Lo-Carb Monster Energy® drinks and has
`
`also used the mark on additional lines of drinks since that time. Since at least as early as 2009,
`
`Opposer has continuously used its UNLEASH THE NITRO BEAST!® mark in connection with its
`
`line of drinks containing nitrous oxide, which currently consists of the Monster Maxx® line of
`
`drinks. Since at least as early as 2011, Opposer has continuously used its REHAB THE BEAST!®
`
`mark on the containers of its line of Monster Rehab® drinks. Since at least as early as 2013,
`
`Opposer has continuously used its UNLEASH THE ULTRA BEAST!® mark on the containers of
`
`its line of Monster Energy Ultra® drinks. Since at least as early as 2013, Opposer has continuously
`
`used its PUMP UP THE BEAST!® mark on the containers of its line of Muscle Monster® drinks.
`
`Since at least as early as 2017, Opposer has continuously used its HYDRATE THE BEAST!® mark
`
`on the containers of its line of Monster Hydro® drinks. Since at least as early as 2018, Opposer has
`
`continuously used its UNLEASH THE SALTY BEAST!® mark on containers of its Juice
`
`Monster® drinks.
`
`5.
`
`Since at least before the filing date of the Application, Opposer’s BEAST-
`
`inclusive Marks have been and continue to be the subject of substantial and continuous
`
`marketing and promotion by Opposer in connection with its beverages, nutritional supplements,
`
`clothing, and other products. Opposer has and continues to widely market and promote its
`
`BEAST-inclusive Marks to consumers by, for example, displaying the UNLEASH THE
`
`BEAST!® mark or one or more of the BEAST-inclusive Marks on merchandise and product
`
`samplings; extensively on billions of cans of beverages and nutritional supplements; 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
`
`
`
`- 3 -
`
`

`

`media sites; at trade shows, concert tours, and other live events; and through the sponsorship of
`
`athletes.
`
`6.
`
`There is a huge demand for clothing, gear, and other merchandise bearing
`
`Opposer’s UNLEASH THE BEAST!® mark. Monster has entered into license agreements with
`
`several manufacturers, giving them a license to produce and sell clothing and other products that
`
`bear Opposer’s UNLEASH THE BEAST!® mark. In the United States, Monster’s licensees have
`
`sold licensed goods bearing Opposer’s UNLEASH THE BEAST!® mark to consumers in all 50
`
`states through their own websites and through nationwide retailers. Those nationwide retailers
`
`have also sold Monster’s licensed goods bearing Opposer’s UNLEASH THE BEAST!® mark
`
`through their own websites. These licensees also sell the licensed products bearing the
`
`UNLEASH THE BEAST!® mark throughout the world including on websites, in retail stores,
`
`and/or at sporting events.
`
`7.
`
`Opposer also extensively promotes its brand, including its BEAST-inclusive
`
`Marks through, for example, the sponsorship of athletes and sporting events. For example, a
`
`major part of Monster’s brand promotion focuses on racing and motorsports. Monster sponsors
`
`or has sponsored a wide variety of motorsport athletes, teams, and/or activities, including, but not
`
`limited to, NASCAR, Formula 1, MotoGP, Moto2, Supercross, motocross, MXGP, MX2,
`
`SCORE International Off-Road Racing events including Baja 500 and Baja 1000, the Ultra4
`
`Rock Racing series including the King of Hammers desert racing event, the UTV World
`
`Championships, drag racing, drifting, flat track, off road, rock racing, UTV racing, buggy racing,
`
`rally, rallycross, snowmobile, speedway, stunt, superbike, and freestyle motocross.
`
`8.
`
`Monster’s sponsored motorsports teams include, for example, the ProCircuit
`
`Kawasaki Motocross/Supercross Team, the Monster Energy® Kawasaki Factory Team, the
`
`Yamaha Factory MotoGP Team with its renowned racers Valentino Rossi and Jorge Lorenzo, the
`
`
`
`- 4 -
`
`

`

`MONSTER Yamaha Tech 3 MotoGP Team, the Yamaha MX1 Team, the Yamaha MX2 Team
`
`and the Mercedes AMG Petronas F1 Team.
`
`9.
`
`In addition to racing and motorsports, Monster also extensively promotes its
`
`brand, including its BEAST-inclusive Marks through the sponsorship of non-traditional sports
`
`such as professional bull riding and E-sports (competitive video gaming). For example, Monster
`
`sponsors the Professional Bull Riders bull riding series and professional bull riders Derek
`
`Kolbaba and Jose Leme, among others.
`
`10. With respect to E-sports, Monster has sponsored teams such as Team Evil
`
`Geniuses (since 2011), Alliance (since 2013), Team EnVyUs (since 2014), Fnatic (since 2015),
`
`ViCi Gaming (since 2016), and Team Liquid (since 2016). In addition to sponsoring E-Sports
`
`teams, Monster also sponsors E-Sports events and competitions. For example, since 2014
`
`Monster has partnered with DreamHack, one of the world’s largest e-sports and gaming festivals
`
`in the world where participants bring their own computers and connect them to the Internet to
`
`form one big local gaming network. DreamHack arranges a large number of competitions; from
`
`gaming tournaments to competitions in advanced programming and design. The DreamHack
`
`events have been held globally, including in Austin, Las Vegas, Atlanta, and Denver.
`
`11. Monster also uses its social media to promote Monster-sponsored teams, athletes
`
`and sporting events using its BEAST-inclusive marks such as UNLEASH THE BEAST!® or the
`
`hashtag #unleashthebeast. Monster-sponsored athletes and teams also almost always wear
`
`clothing or use equipment that prominently display Monster branding during competitions and
`
`when making public appearances. These sponsored athletes and team members are also
`
`frequently shown drinking MONSTER drinks that display the BEAST-inclusive marks on the
`
`cans. An example of Monster’s use of its UNLEASH THE BEAST! mark to promote Monster-
`
`sponsored teams on social media is shown below.
`
`
`
`- 5 -
`
`

`

`
`
`12. Monster’s BEAST-inclusive marks are also prominently displayed at event
`
`venues where Monster-sponsored teams and athletes compete. Through Monster’s sponsorships,
`
`millions of consumers have been exposed to the BEAST-inclusive marks when they watch the
`
`athletes and teams compete at events—many of which are televised nationwide—or see the
`
`athletes at public appearances or in internet postings and magazines. Examples of Monster’s
`
`BEAST-inclusive marks on display at sporting events where Monster-sponsored athletes and
`
`teams compete are shown below:
`
`
`
`
`
`- 6 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`- 7 -
`
`

`

`13.
`
`By virtue of Opposer’s continuous and substantial use, the BEAST-inclusive Marks
`
`have become famous identifiers of Opposer such that consumers have come to recognize a family
`
`of BEAST-inclusive Marks with which Opposer markets and sells its goods and services.
`
`Opposer’s BEAST-inclusive Marks have been used and advertised in such a manner so that the
`
`public associates the distinctive BEAST element of Opposer’s BEAST-inclusive Marks as an
`
`indicator of source of Opposer’s goods and services.
`
`14.
`
`By virtue of Opposer’s continuous and substantial use, Opposer’s BEAST-inclusive
`
`Marks have developed into well-known identifiers of Opposer and its goods and services since long
`
`before the filing date of the Application. As a result, Opposer has built up, at great expense and
`
`effort, valuable goodwill in its BEAST-inclusive Marks and has developed strong common law
`
`rights in the marks. Opposer relies on its common law rights in its BEAST-inclusive Marks,
`
`which rights predate the filing date of the Application.
`
`15.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`First Use
`Date
`3/22/2006
`(all classes)
`
`Filing Date Registration
`Date
`12/3/2019
`
`3/14/2018
`
`Registration
`No.
`5,927,420
`
`Mark
`
`Goods/Services
`
`UNLEASH THE
`BEAST!
`
`Cl. 35 promoting goods
`and services in the sports,
`motorsports, electronic
`sports, and music industries
`through the distribution of
`printed, audio and visual
`promotional material;
`promoting sports,
`electronic sports and music
`events, performances and
`competitions for others
`Cl. 41 entertainment
`services in the nature of
`sporting events and
`competitions, electronic
`sporting events and
`competitions, and music
`performances and events
`
`
`
`
`- 8 -
`
`

`

`Mark
`
`Goods/Services
`
`Registration
`No.
`4,975,822
`
`UNLEASH THE
`BEAST!
`
`Cl. 25 clothing, namely,
`tops, shirts, t-shirts, hooded
`sweatshirts, sweat shirts
`Cl. 32 fruit juice drinks,
`soft drinks, carbonated soft
`drinks and soft drinks
`enhanced with vitamins,
`minerals, nutrients, amino
`acids and/or herbs
`Cl. 5 nutritional
`supplements in liquid form
`Cl. 20 furniture; chairs;
`gaming chair
`Cl. 43 bar services; café
`services; mobile restaurant
`services; restaurant
`services; mobile café
`services for providing food
`and drink
`Cl. 30 ready to drink tea,
`iced tea and tea based
`beverages; ready to drink
`flavored tea, iced tea and
`tea based beverages
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, sports drinks and
`fruit juice drinks; all the
`foregoing enhanced with
`vitamins, minerals,
`nutrients, proteins, amino
`acids and/or herbs
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, soft drinks, sports
`drinks, and flavored
`waters; drinking water,
`namely, water enhanced
`with vitamins, nutrients,
`proteins, and/or amino
`acids
`Cl. 5 nutritional
`supplements in liquid form;
`vitamin fortified beverages
`Cl. 29 dairy-based
`beverages; dairy-based
`energy shakes
`Cl. 30 chocolate-based
`shakes for boosting energy;
`
`First Use
`Date
`2002
`
`Filing Date Registration
`Date
`6/14/2016
`
`3/7/2014
`
`4/16/2002
`
`12/18/2002
`
`9/30/2003
`
`1/16/2019
`
`7/30/2019
`
`Cl. 5
`4/16/2002
`Cl. 20
`12/2/2017
`Cl. 43
`2/3/2016
`
`3/2/2011
`
`11/3/2010
`
`5/14/2013
`
`3/1/2017
`
`6/16/2016
`
`2/13/2018
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`6/3/2014
`
`2,769,364
`
`UNLEASH THE
`BEAST!
`
`5,820,901
`
`UNLEASH THE
`BEAST!
`
`4,336,329
`
`REHAB THE
`BEAST!
`
`5,402,465
`
`HYDRATE THE
`BEAST!
`
`4,482,659
`
`PUMP UP THE
`BEAST!
`
`4,482,660
`
`PUMP UP THE
`BEAST!
`
`4,542,107
`
`PUMP UP THE
`BEAST!
`
`
`
`- 9 -
`
`

`

`Registration
`No.
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`
`Filing Date Registration
`Date
`
`3/18/2013
`
`5/15/2013
`
`6/10/2014
`
`7/8/2009
`
`12/14/2010
`
`8/27/2013
`
`7/8/2009
`
`12/14/2010
`
`12/4/2018
`
`3/2/2011
`
`11/3/2010
`
`12/11/2018
`
`8/30/2012
`
`11/19/2012
`
`12/18/2018
`
`8/2018
`
`4/13/2018
`
`6/18/2019
`
`8/30/2012
`
`11/19/2012
`
`7/23/2013
`
`4,546,402
`
`PUMP UP THE
`BEAST!
`
`4,394,044
`
`UNLEASH THE
`NITRO BEAST!
`
`5,622,925
`
`UNLEASH THE
`NITRO BEAST!
`
`5,628,025
`
`REHAB THE
`BEAST!
`
`5,633,094
`
`UNLEASH THE
`ULTRA
`BEAST!
`
`5,783,086
`
`UNLEASH THE
`SALTY
`BEAST!
`
`4,371,544
`
`UNLEASH THE
`ULTRA
`BEAST!
`
`ready to drink chocolate-
`based beverages
`Cl. 32 non-alcoholic
`beverages, namely, non-
`alcoholic and non-
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; non-
`carbonated energy or sports
`drinks
`Cl. 32 non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy or sports drinks
`Cl. 5 nutritional energy
`supplements in liquid form;
`nutritional supplement
`beverages containing
`vitamins
`Cl. 5 nutritional energy
`supplements in liquid form;
`nutritional supplement
`beverages containing
`vitamins
`Cl. 5 nutritional energy
`supplements in liquid form;
`nutritional supplement
`beverages containing
`vitamins
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, soft drinks, sports
`drinks, and fruit juice
`drinks
`Cl. 32 non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`
`
`
`- 10 -
`
`

`

`Registration
`No.
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`
`Filing Date Registration
`Date
`
`energy drinks and sports
`drinks
`
`
`16.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,927,420 (the
`
`“’420 Registration”) for the mark UNLEASH THE BEAST!® for “promoting goods and
`
`services in the sports, motorsports, electronic sports, and music industries through the
`
`distribution of printed, audio and visual promotional material; promoting sports, electronic sports
`
`and music events, performances and competitions for others” in International Class 35 and
`
`“entertainment services in the nature of sporting events and competitions, electronic sporting
`
`events and competitions, and music performances and events” in International Class 41, which
`
`registration issued December 3, 2019 and is based on an application filed in the PTO on March
`
`14, 2018. The filing date of Opposer’s ’420 Registration is prior to the filing date of the
`
`Application. True and correct copies of the specifics of Opposer’s ’420 Registration obtained
`
`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 1 and made of
`
`record.
`
`17.
`
`Opposer owns and relies on U.S. Trademark Registration No. 4,975,822 (the
`
`“’822 Registration”) for the mark UNLEASH THE BEAST!® for “clothing, namely, tops, shirts,
`
`t-shirts, hooded sweatshirts, sweat shirts” in International Class 25, which registration issued
`
`June 14, 2016 and is based on an application filed in the United States Patent and Trademark
`
`Office (“PTO”) on March 7, 2014. The filing date of Opposer’s ’822 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of the ’822 Registration
`
`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 2 and
`
`made of record.
`
`
`
`
`
`- 11 -
`
`

`

`18.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`2,769,364 (the “’364 Registration”) for the mark UNLEASH THE BEAST!® for “fruit juice
`
`drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals,
`
`nutrients, amino acids and/or herbs” in International Class 32, which registration issued September
`
`30, 2003 and is based on an application filed in the PTO on December 18, 2002. The filing date of
`
`Opposer’s ’364 Registration is prior to the filing date of the Application. True and correct copies
`
`of the specifics of the ’364 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 3 and made of record.
`
`19.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,820,901 (the
`
`“’901 Registration”) for the mark UNLEASH THE BEAST!® for “nutritional supplements in
`
`liquid form” in International Class 5, “furniture; chairs; gaming chair” in International Class 20, and
`
`“bar services; café services; mobile restaurant services; restaurant services; mobile café services for
`
`providing food and drink” in International Class 43, which registration issued July 30, 2019 and is
`
`based on an application filed in the PTO on January 16, 2019. The filing date of Opposer’s ’901
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’901 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 4 and made of record.
`
`20.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,336,329 (the “’329 Registration”) for the mark REHAB THE BEAST!® for “ready to drink tea,
`
`iced tea and tea based beverages; ready to drink flavored tea, iced tea and tea based beverages”
`
`in International Class 30 and “non-alcoholic beverages, namely, energy drinks, sports drinks and
`
`fruit juice drinks; all the foregoing enhanced with vitamins, minerals, nutrients, proteins, amino
`
`acids and/or herbs” in International Class 32, which registration issued May 14, 2013 and is based
`
`on an application filed in the PTO on November 3, 2010. The filing date of Opposer’s ’329
`
`
`
`- 12 -
`
`

`

`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of Opposer’s ’329 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 5 and made of record.
`
`21.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,402,465
`
`(the “’465 Registration”) for the mark HYDRATE THE BEAST!® for “non-alcoholic beverages,
`
`namely, energy drinks, soft drinks, sports drinks, and flavored waters; drinking water, namely,
`
`water enhanced with vitamins, nutrients, proteins, and/or amino acids” in International Class 32,
`
`which registration issued February 13, 2018 and is based on an application filed in the PTO on
`
`June 16, 2016. The filing date of Opposer’s ’465 Registration is prior to the filing date of the
`
`Application. True and correct copies of the specifics of Opposer’s ’465 Registration obtained
`
`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 6 and made of
`
`record.
`
`22.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,482,659 (the “’659 Registration”) for the mark PUMP UP THE BEAST!® for “nutritional
`
`supplements in liquid form; vitamin fortified beverages” in International Class 5, which
`
`registration issued February 11, 2014 and is based on an application filed in the PTO on May 15,
`
`2013. The filing date of Opposer’s ’659 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of Opposer’s ’659 Registration obtained from the PTO’s
`
`TESS and Assignment databases are attached hereto as Exhibit 7 and made of record.
`
`23.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,482,660 (the “’660 Registration”) for the mark PUMP UP THE BEAST!® for “dairy-based
`
`beverages; dairy-based energy shakes” in International Class 29, which registration issued
`
`February 11, 2014 and is based on an application filed in the PTO on May 15, 2013. The filing
`
`date of Opposer’s ’660 Registration is prior to the filing date of the Application. True and correct
`
`
`
`- 13 -
`
`

`

`copies of the specifics of Opposer’s ’660 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 8 and made of record.
`
`24.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,542,107 (the “’107 Registration”) for the mark PUMP UP THE BEAST!® for “chocolate-based
`
`shakes for boosting energy; ready to drink chocolate-based beverages” in International Class 30,
`
`which registration issued June 3, 2014 and is based on an application filed in the PTO on May 15,
`
`2013. The filing date of Opposer’s ’107 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of Opposer’s ’107 Registration obtained from the PTO’s
`
`TESS and Assignment databases are attached hereto as Exhibit 9 and made of record.
`
`25.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,546,402 (the “’402 Registration”) for the mark PUMP UP THE BEAST!® for “non-alcoholic
`
`beverages, namely, non-alcoholic and non-carbonated drinks enhanced with vitamins, minerals,
`
`nutrients, proteins, amino acids and/or herbs; non-carbonated energy or sports drinks” in
`
`International Class 32, which registration issued June 10, 2014 and is based on an application
`
`filed in the PTO on May 15, 2013. The filing date of Opposer’s ’402 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of Opposer’s ’402
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 10 and made of record.
`
`26.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,394,044 (the “’044 Re