Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1255443
`12/20/2022
`
`ESTTA Tracking number:
`
`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
`
`Monster Energy Company
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`12/21/2022
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`BARAA KAHF
`KNOBBE MARTENS
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket no.
`
`HANB.15847M
`
`Applicant information
`
`Application no.
`
`90694587
`
`Opposition filing
`date
`
`Applicant
`
`12/20/2022
`
`Emil Ferris
`P.O. BOX 5601
`EVANSTON, IL 60204
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`08/23/2022
`
`Opposition period
`ends
`
`12/21/2022
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: A series of downloadable fiction e-books;
`Downloadable motion pictures and television shows featuring children's entertainment; Downloadable
`printable calendars; Audio books in the nature of novels; Downloadable video game software; Down-
`loadable video game programs; Recorded video game programs; Downloadable electronic greeting
`cards; Refrigerator magnets; Decorative magnets; Downloadable animated cartoon films provided via
`a video-on-demand service
`
`Class 016. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: A series of printed fiction books; Printed
`series of fictional screenplays; Paper notebooks; Blank paper notebooks; Blank journal books; Writ-
`ing or drawing books; Printed calendars; Printed posters; Art prints; Graphic art prints; Printed greet-
`ing cards; Printed coloring books; Paintings; Original artwork, namely, pen and pencil drawings; Mag-
`netic decals; Stickers; Temporary tattoo transfers; Pens; Ball pens; Ink pens; Drawing pens; Artists'
`pens; Marker pens; Colored pens; Highlighter pens; Pencils; Colored pencils; Artists' pencils; Draw-
`
`

`

`ing pencils; Paintbrushes
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: T-shirts; Sweatshirts; Hooded sweatshirts;
`Hoodies; Headwear, namely, hats and caps; Halloween costumes
`
`Class 026. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Novelty buttons; Ornamental novelty pins;
`Embroidered patches for clothing
`
`Class 028. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Collectable toy figures; Toy action figures;
`Action figures and accessories therefore; Plush toys; Puzzles; Jigsaw puzzles; Halloween masks
`
`Class 041. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Entertainment services, namely, the provi-
`sion of non-downloadable motion pictures, television programs, and multimedia entertainment con-
`tent in the nature of animated cartoon films via a video-on-demand service and broadcast over the in-
`ternet, television, satellite, audio and video media; Entertainment services, namely, providing online
`video games; Entertainment services in the nature of live stage performances being live visual and
`audio performances by actors, dancers; Screenplay writing; Entertainment services in the nature of
`scriptwriting services for non-advertising purposes
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`5820689
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Application date
`
`01/15/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ENERGY
`
`NONE
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports; downloadable software for mobile devices for playing games; download-
`able electronic game software for use on mobile devices; downloadable game
`software; downloadable interactive game programs; downloadable video game
`software and programs
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`Beverageware; insulated beverage containers for domestic use; bottles, sold
`empty; drinking bottles for sports; water bottles sold empty; bottle openers
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; lanyards for holding whistles, keys, badges, identification cards, event
`passes, media passes, photographs, recording equipment, or similar conveni-
`ences; tents
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`
`

`

`2002
`Clothing, namely, Tops, shirts, t-shirts, sweat shirts, jackets, bottoms, pants,
`bandanas, sweat bands, gloves; headwear; hats; beanies
`Class 028. First use: First Use: Dec 8, 2011 First Use In Commerce: Dec 8,
`2011
`Toy cars; remote control toys, namely, cars; cornhole game sets; cornhole game
`boards; cornhole bags; surf boards; skate boards; snowboards; golf bags
`
`U.S. registration
`no.
`
`5826919
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2019
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JAVA MONSTER
`
`NONE
`
`Class 009. First use: First Use: Jul 15, 2013 First Use In Commerce: Jul 15,
`2013
`Cameras; headphones; sunglasses; eyewear; cases for sunglasses and eye-
`wear
`Class 018. First use: First Use: Oct 17, 2018 First Use In Commerce: Oct 17,
`2018
`Sports bags; gym bags; athletic bags; traveling bags; all-purpose carrying bags;
`backpacks
`Class 021. First use: First Use: Mar 20, 2018 First Use In Commerce: Mar 20,
`2018
`Beverageware; insulated beverage containers for domestic use; heat-insulated
`containers for beverages
`Class 025. First use: First Use: Mar 29, 2012 First Use In Commerce: Mar 29,
`2012
`Tops being clothing; shirts; t-shirts; sweat shirts; jackets
`
`U.S. registration
`no.
`
`5570782
`
`Register
`
`Principal
`
`Registration date
`
`09/25/2018
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`05/17/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in green
`above the stylized word "MONSTER" which appears in the color white with a sil-
`ver outline, which is above the word "ENERGY" which appears in the color
`green, all on a black background.
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports
`Class 014. First use: First Use: Jun 30, 2010 First Use In Commerce: Jun 30,
`2010
`Watches
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers, sticker kits comprising stickers and decals; decals; posters; calendars
`Class 018. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`All-purpose sport bags; all-purpose carrying bags; backpacks; duffel bags
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts; sweat shirts,
`jackets, pants, bandanas, sweat bands, gloves and motorcycle gloves;
`headgear, namely, hats and beanies
`
`U.S. registration
`no.
`
`5820870
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letter "M" in the form of a claw above the words "MON-
`STER ENERGY".
`
`Class 020. First use: First Use: Dec 2, 2017 First Use In Commerce: Dec 2,
`2017
`Furniture; chairs; gaming chair
`Class 041. First use: First Use: Aug 19, 2003 First Use In Commerce: Aug 19,
`2003
`Entertainment services, namely, providing online video games and providing
`temporary use of non-downloadable video games, computer games, electronic
`games, and interactive games; sponsoring tournaments and arranging contests
`featuring online gaming; providing a web-based system and on-line portal for
`customers to participate in online gaming operation, and coordination of game
`tournaments, leagues, and tours for recreational computer game playing pur-
`poses; entertainment services, namely, providing a website for online gaming;
`providing a website featuring information about online gaming and online gam-
`ing professionals; entertainment services in the nature of sporting events, per-
`formances and competitions, electronic sporting events and competitions, and
`music performances and events; providing a web site featuring entertainment in-
`formation and news on athletes
`
`U.S. registration
`no.
`
`4660598
`
`Register
`
`Principal
`
`Registration date
`
`12/23/2014
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`08/26/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" in the form of a claw to the left of the
`stylized words "MONSTER ENERGY". The word "MONSTER" appears above
`the word "ENERGY" and features a slash mark through the letter "O".
`
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; Lanyards for holding whistles, keys, eyeglasses, sunglasses, mobile
`telephones, badges, identification cards, event passes, media passes, photo-
`graphs, recording equipment, or similar conveniences
`
`U.S. registration
`no.
`
`3908601
`
`Register
`
`Principal
`
`Registration date
`
`01/18/2011
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Goods/services
`
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`
`

`

`2002
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat shirts,
`jackets, pants, bandanas, sweat bands and gloves; headgear, namely, hats and
`beanies
`
`U.S. registration
`no.
`
`5551192
`
`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Word mark
`
`Design mark
`
`MONSTER ARMY
`
`Application date
`
`11/16/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`Providing a web site featuring entertainment information and news on athletes;
`organizing and conducting educational programs and activities in the nature of
`classes, workshops, and sports competitions for athletes in the field of athlete
`development; athlete development program, namely, athlete training and ment-
`oring in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. registration
`no.
`
`3923683
`
`Register
`
`Principal
`
`Registration date
`
`02/22/2011
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`
`Class 018. First use: First Use: May 2004 First Use In Commerce: May 2004
`All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle bags
`
`U.S. registration
`no.
`
`3908600
`
`Register
`
`Principal
`
`Registration date
`
`01/18/2011
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers; sticker kits comprising stickers and decals; decals
`
`U.S. registration
`no.
`
`5661940
`
`Register
`
`Principal
`
`Registration date
`
`01/22/2019
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`10/19/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers; sticker kits comprising stickers and decals; decals; posters; calendars;
`money clips; blackboards; temporary tattoo transfers; pens; writing utensils; ad-
`vertising signs of cardboard and paper
`
`U.S. registration
`no.
`
`4332062
`
`Register
`
`Principal
`
`Registration date
`
`05/07/2013
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`10/05/2012
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" to the left of the stylized words "MON-
`STER ENERGY".
`
`Class 014. First use: First Use: Dec 2006 First Use In Commerce: Dec 2006
`Silicone wrist bands; Silicone bracelets; Jewelry, namely, bracelets and wrist-
`bands
`
`U.S. registration
`no.
`
`3914828
`
`Register
`
`Principal
`
`Registration date
`
`02/01/2011
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`
`Class 009. First use: First Use: Jan 2006 First Use In Commerce: Jan 2006
`Sports helmets
`
`U.S. registration
`no.
`
`4036681
`
`Register
`
`Principal
`
`Registration date
`
`10/11/2011
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`09/11/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`3057061
`
`Register
`
`Principal
`
`Application date
`
`04/18/2002
`
`

`

`Registration date
`
`02/07/2006
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`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 juice or
`soy, whether such products are pasteurized or not
`
`U.S. registration
`no.
`
`4634053
`
`Register
`
`Principal
`
`Registration date
`
`11/04/2014
`
`Application date
`
`11/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ASSAULT
`
`NONE
`
`Class 005. First use: First Use: May 2008 First Use In Commerce: May 2008
`Nutritional supplements in liquid form; vitamin fortified beverages
`Class 032. First use: First Use: May 2008 First Use In Commerce: May 2008
`Non-alcoholic beverages, namely, energy drinks, [ energy drinks flavored with
`juice, ] sports drinks, all enhanced with vitamins, 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.
`
`3959457
`
`Register
`
`Principal
`
`Registration date
`
`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: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`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 perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. registration
`no.
`
`3852118
`
`Register
`
`Principal
`
`Application date
`
`02/13/2009
`
`

`

`Registration date
`
`09/28/2010
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`LO-CARB MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: Aug 2003 First Use In Commerce: Aug 2003
`Nutritional supplements
`Class 032. First use: First Use: Aug 2003 First Use In Commerce: Aug 2003
`Non-alcoholic beverages, namely, energy drinks, drinks enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs
`
`U.S. registration
`no.
`
`3134842
`
`Register
`
`Principal
`
`Registration date
`
`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: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`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.
`
`5481864
`
`Register
`
`Principal
`
`Registration date
`
`05/29/2018
`
`Application date
`
`10/19/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ENERGY
`
`NONE
`
`Class 041. First use: First Use: Jun 6, 2016 First Use In Commerce: Jun 6, 2016
`Entertainment services, namely, providing online video games and providing
`temporary use of non-downloadable video games, computer games, electronic
`games, and interactive games; arranging contests featuring online gaming;
`providing a web-based system and on-line portal for customers to participate in
`online gaming operation, and coordination of game tournaments, leagues, and
`tours for recreational computer game playing purposes; entertainment services,
`namely, providing a website for online gaming; providing a website featuring in-
`formation about online gaming and online gaming professionals; entertainment
`in the nature of live online gaming
`
`U.S. registration
`no.
`
`4721433
`
`Application date
`
`03/12/2014
`
`

`

`Register
`
`Principal
`
`Registration date
`
`04/14/2015
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Jan 4, 2003 First Use In Commerce: Jan 4, 2003
`Promoting goods and services in the sports, motorsports, electronic sports, and
`music industries through the distribution of printed, audio and visual promotional
`materials; promoting sports and music events and competitions for others
`
`U.S. registration
`no.
`
`4111964
`
`Register
`
`Principal
`
`Registration date
`
`03/13/2012
`
`Word mark
`
`Design mark
`
`MONSTER REHAB
`
`Application date
`
`08/24/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Feb 2011 First Use In Commerce: Feb 2011
`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.
`
`4376796
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2013
`
`Word mark
`
`MUSCLE MONSTER
`
`Application date
`
`07/02/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`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.
`
`4716750
`
`Register
`
`Principal
`
`Registration date
`
`04/07/2015
`
`Word mark
`
`Design mark
`
`JUICE MONSTER
`
`Application date
`
`02/24/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Jun 23, 2014 First Use In Commerce: Jun 23,
`2014
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Jun 23, 2014 First Use In Commerce: Jun 23,
`2014
`Non-alcoholic beverages, namely, energy drinks and drinks enhanced with vit-
`amins, minerals, nutrients, amino acids and/or herbs, but excluding perishable
`beverage products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`5476437
`
`Application date
`
`12/15/2016
`
`

`

`Register
`
`Principal
`
`Registration date
`
`05/22/2018
`
`Word mark
`
`Design mark
`
`MONSTER HYDRO
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Feb 26, 2018 First Use In Commerce: Feb 26,
`2018
`Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, and
`flavored waters; water enhanced with vitamins, nutrients, proteins, and amino
`acids
`
`U.S. registration
`no.
`
`5551230
`
`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Word mark
`
`Design mark
`
`M MONSTER ARMY
`
`Application date
`
`02/12/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`The mark consists of a bird with outspread wings with a shield over its chest
`bearing a stylized letter "M" with the word "MONSTER ARMY" written between
`two five-pointed stars on a ribbon below the shield. The bottom of the bird and
`
`

`

`Goods/services
`
`three five-pointed starts appear below the ribbon.
`
`Class 025. First use: First Use: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`Providing a web site featuring entertainment information and news on athletes;
`organizing and conducting educational programs and activities in the nature of
`classes, workshops, and sports competitions for athletes in the field of athlete
`development; athlete development program, namely, athlete training and ment-
`oring in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. registration
`no.
`
`6760278
`
`Register
`
`Principal
`
`Registration date
`
`06/14/2022
`
`Word mark
`
`Design mark
`
`MONSTER
`
`Application date
`
`08/26/2021
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Energy drinks; Fruit drinks; Soft drinks; Sports drinks
`
`U.S. registration
`no.
`
`6451182
`
`Register
`
`Principal
`
`Registration date
`
`08/17/2021
`
`Word mark
`
`Design mark
`
`MONSTER
`
`Application date
`
`12/13/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the stylized term "MONSTER" with a slash mark through
`the letter "O".
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and
`fruit juice drinks
`
`

`

`Attachments
`
`87926415#TMSN.png( bytes )
`88264403#TMSN.png( bytes )
`86048359#TMSN.png( bytes )
`77705822#TMSN.png( bytes )
`86822049#TMSN.png( bytes )
`77705810#TMSN.png( bytes )
`77705747#TMSN.png( bytes )
`87208532#TMSN.png( bytes )
`85747244#TMSN.png( bytes )
`77705362#TMSN.png( bytes )
`77276989#TMSN.png( bytes )
`86219332#TMSN.png( bytes )
`85406210#TMSN.png( bytes )
`85077052#TMSN.png( bytes )
`85552165#TMSN.png( bytes )
`87270664#TMSN.png( bytes )
`86906378#TMSN.png( bytes )
`90903651#TMSN.png( bytes )
`87719840#TMSN.png( bytes )
`2022-12-20 Final Notice of Opposition - 90694587 - HANB.15847M.pdf(2588501
`bytes )
`NOP Exhibits 1-27 - HANB.15847M_Part1.pdf(5186863 bytes )
`NOP Exhibits 1-27 - HANB.15847M_Part2.pdf(3239420 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Baraa Kahf/
`
`Baraa Kahf
`
`12/20/2022
`
`

`

`
`
`HANB.15847M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`
`Serial No.: 90/694587
`
`Mark: MY FAVORITE THING IS MONSTERS
`
`) ) ) ) ) ) ) )
`
`
`)
`
`
`
`) )
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`EMIL FERRIS,
`
`
`
`
`
`
`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 the
`
`registration of U.S. Trademark Application Serial No. 90/694587 (“Application”) for the mark
`
`MY FAVORITE THING IS MONSTERS (“Applicant’s Mark”) filed by Emil Ferris
`
`(“Applicant”), and therefore opposes the same.
`
`
`
`As grounds for opposition, it is alleged:
`
`1. By the Application filed on May 6, 2021, Applicant seeks to obtain registration on
`
`the Principal Register of Applicant’s Mark for “A series of downloadable fiction e-books;
`
`Downloadable motion pictures and
`
`television shows featuring children's entertainment;
`
`Downloadable printable calendars; Audio books in the nature of novels; Downloadable video game
`
`software; Downloadable video game programs; Recorded video game programs; Downloadable
`
`electronic greeting cards; Refrigerator magnets; Decorative magnets; Downloadable animated
`
`- 1 -
`
`

`

`
`
`cartoon films provided via a video-on-demand service” in International Class 9, “A series of printed
`
`fiction books; Printed series of fictional screenplays; Paper notebooks; Blank paper notebooks;
`
`Blank journal books; Writing or drawing books; Printed calendars; Printed posters; Art prints;
`
`Graphic art prints; Printed greeting cards; Printed coloring books; Paintings; Original artwork,
`
`namely, pen and pencil drawings; Magnetic decals; Stickers; Temporary tattoo transfers; Pens; Ball
`
`pens; Ink pens; Drawing pens; Artists' pens; Marker pens; Colored pens; Highlighter pens; Pencils;
`
`Colored pencils; Artists' pencils; Drawing pencils; Paintbrushes” in International Class 16, “T-
`
`shirts; Sweatshirts; Hooded sweatshirts; Hoodies; Headwear, namely, hats and caps; Halloween
`
`costumes” in International Class 25, “Novelty buttons; Ornamental novelty pins; Embroidered
`
`patches for clothing” in International Class 26, “Collectable toy figures; Toy action figures; Action
`
`figures and accessories therefore; Plush toys; Puzzles; Jigsaw puzzles; Halloween masks” in
`
`International Class 28, and for “Entertainment services, namely, the provision of non-downloadable
`
`motion pictures, television programs, and multimedia entertainment content in the nature of
`
`animated cartoon films via a video-on-demand service and broadcast over the internet, television,
`
`satellite, audio and video media; Entertainment services, namely, providing online video games;
`
`Entertainment services in the nature of live stage performances being live visual and audio
`
`performances by actors, dancers; Screenplay writing; Entertainment services in the nature of
`
`scriptwriting services for non-advertising purposes” in International Class 41 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, licensing, marketing, and/or sale of energy drinks,
`
`clothing, stickers, bags, helmets, accessories, and numerous other products bearing the marks
`
`MONSTER® and MONSTER ENERGY® and related marks, all containing “MONSTER.”
`
`Opposer’s family of MONSTER Marks includes, but is not limited to, for example, the
`
`- 2 -
`
`

`

`
`
`following: MONSTER®, MONSTER ENERGY®, MONSTER REHAB®, MONSTER
`
`ASSAULT®, MUSCLE MONSTER®, M MONSTER ENERGY®, JUICE MONSTER®, LO-
`
`CARB MONSTER ENERGY®, JAVA MONSTER®, MONSTER HYDRO®,
`
`®,
`
`®,
`
`®,
`
`®, and MONSTER ARMY® (collectively, “MONSTER Marks”).
`
`3. Since at least before the filing date of the Application, Opposer has continuously
`
`used and promoted its MONSTER Marks. 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 its family of MONSTER Marks with which Opposer markets and sells its goods and
`
`services. Opposer’s family of MONSTER Marks is the subject of substantial and continuous
`
`marketing and promotion by Opposer in connection with its beverages, clothing, and numerous
`
`other items. Opposer has and continues to widely market and promote its family of MONSTER
`
`Marks to consumers by, for example, displaying the MONSTER Marks extensively on billions of
`
`cans of beverages and nutritional supplements; 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, on the monsterarmy.com website and other
`
`Internet websites and social media platforms; and at trade shows, concert tours, and live events.
`
`4. Since long before the filing date of the Application and the alleged date of first use
`
`in interstate commerce of Applicant’s Mark, Opposer has used and continues to use its well-known
`
`and famous MONSTER Marks extensively in connection with stickers, games, decals, graphic kits,
`
`toy cars, sunglasses, notebooks, posters, videogames, beverageware, mugs, lapel pins, clothing,
`
`gloves, headwear, as well as many other goods and services. Examples of Opposer’s products
`
`bearing Opposer’s MONSTER Marks are shown below:
`- 3 -
`
`

`

`.STARTING SEPTEMBER 1
`
`
`
` 
`
` 
`
`
`
`- 4 -
`
`ii} Wrenner
`
`aVa
`Jes
`
`ke NOW / PLAY ud
`
` 
`
` 
`
`

`

`
`
`
`
`
`
`JAVA
`MONSTER
`SOrrFER+EnNEROY
`
`
`
`Tt AVA
`| | jagngt om
`
`1
`
`Same[MgnaTES
`Tt TAA =
`\
`“MUNSTER,
`a, |
`ry Tx
`1s
`
`=
`
`Tah, 2S
`
`has
`aye
`if ie os
`
`ji
`ff ka
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`An MONSTER
`
`MUNSTER
`
`———
`
`
`
`
`78)
`
`| Lil
`
`ENERGY =
`
`- 5 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`5. Since at least as early as 2003, Opposer also has been engaged in promoting and
`
`
`
`marketing goods and services in the esports (a/k/a “electronic sports”), sports, motorsports, and
`
`music industries. Opposer has continuously promoted Opposer’s MONSTER Marks through the
`
`sponsorship of sports events and athletes that are televised nationwide and internationally.
`
`- 6 -
`
`

`

`
`
`6. Opposer promotes Opposer’s MONSTER Marks through the sponsorship of
`
`professional gamers in esports, including, for example, Jericho, Renée, Sc0ut, Team Liquid,
`
`Wizzite, as well as professional gamers and game broadcast. Images of some Monster-
`
`sponsored professional gamers are shown below:
`
`
`
`
`
`- 7 -
`
`

`

`
`
`7. Opposer also markets and promotes Opposer’s MONSTER Marks on a website
`
`dedicated to video game enthusiasts, https://www.monsterenergy.com/gaming, as shown, for
`
`
`
`example, below:
`
`
`
`8. Opposer has also sponsored esports events. For instance, Opposer began partnering
`
`with DreamHack, one of the world’s largest esports and gaming festivals, in 2014. The DreamHack
`
`- 8 -
`
`

`

`
`
`events have been held globally and domestically, including in Austin, Las Vegas, Atlanta, and
`
`Denver. An image of a DreamHack event is shown below:
`
`Further, in 2018, Monster became the Global Strategic Partner to DreamHack, supporting all of
`
`DreamHack’s festivals and major e-sports tournaments as the main sponsor.
`
`9. Additionally, Opposer has also used and continues to use Opposer’s MONSTER
`
`Marks in connection with video games and video game accessories, as shown, for example, below:
`
`
`
`
`
`
`
`- 9 -
`
`
`
`

`

`
`
`
`
`
`
`PT]
`
`; SUPERCROSS
`
`
`
`
`
`-10-
`- 10 -
`
`

`

`
`
`10. Additionally, Opposer has used and continues to use the MONSTER Marks in
`
`connection with video games and video game advertisement, as shown, for example, below:
`
`
`
` 
`
` 
`
` 
`
`- 11 -
`
`

`

`
`
`
`
`11. By virtue of Opposer’s continuous and substantial use, Opposer’s MONSTER
`
`Marks have become famous identifiers of Opposer such that consumers have come to recognize the
`
`family of MONSTER Marks with which Opposer 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 also developed strong common law rights in Opposer’s MONSTER
`
`Marks, which have appeared on billions of cans of beverages and nutritional supplements and in
`
`extensive nationwide promotions. Opposer’s common law rights in its family of MONSTER Marks
`
`predate the filing date of the Application and Opposer relies on these common law trademark rights
`
`in this Opposition.1
`
`12. In addition to Opposer’s common law rights Opposer owns and relies on the
`
`following registrat