Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1255829
`12/21/2022
`
`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
`
`12/24/2022
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`JULIA N. HANSON
`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.
`
`Applicant information
`
`Application no.
`
`97139080
`
`Opposition filing
`date
`
`Applicant
`
`12/21/2022
`
`Monster Farms, Inc.
`1815 BOLTON STREET
`FORT WORTH, TX 76111
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`10/25/2022
`
`Opposition period
`ends
`
`12/24/2022
`
`Class 041. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Conducting guided farm tours
`
`Class 044. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Cattle and produce farming services
`
`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.
`
`6760278
`
`Register
`
`Principal
`
`Registration date
`
`06/14/2022
`
`Application date
`
`08/26/2021
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER
`
`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.
`
`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.
`
`3134842
`
`Register
`
`Principal
`
`Application date
`
`05/07/2003
`
`

`

`Registration date
`
`08/29/2006
`
`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.
`
`4129288
`
`Register
`
`Principal
`
`Registration date
`
`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: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`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.
`
`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.
`
`5759008
`
`Register
`
`Principal
`
`Registration date
`
`05/21/2019
`
`Word mark
`
`Design mark
`
`MONSTER MULE
`
`Application date
`
`04/10/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Jun 2018 First Use In Commerce: Jun 2018
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
`U.S. registration
`no.
`
`6170021
`
`Register
`
`Principal
`
`Registration date
`
`10/06/2020
`
`Word mark
`
`Design mark
`
`MONSTER MILLION
`
`Application date
`
`09/14/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Oct 15, 2011 First Use In Commerce: Oct 15,
`2011
`Promotion of motorsport events for others; promotional sponsorship of motors-
`port events; promoting goods and services in the motorsport events field through
`the distribution of printed, audio and visual promotional material
`Class 041. First use: First Use: Oct 15, 2011 First Use In Commerce: Oct 15,
`2011
`Entertainment services, namely, organizing motorsport events and conducting
`and arranging contests; entertainment services in the nature of organizing and
`conducting sporting events in the field of motorsports; entertainment services in
`the nature of organizing and conducting competitive sporting events; entertain-
`
`

`

`ment services in the nature of sports competitions; entertainment services in the
`nature of providing information in the field of sporting events and sports competi-
`tions
`
`U.S. registration
`no.
`
`5476437
`
`Register
`
`Principal
`
`Registration date
`
`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: 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.
`
`5551192
`
`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Application date
`
`11/16/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ARMY
`
`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.
`
`6451182
`
`Register
`
`Principal
`
`Registration date
`
`08/17/2021
`
`Application date
`
`12/13/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER
`
`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
`
`

`

`U.S. registration
`no.
`
`5481864
`
`Register
`
`Principal
`
`Registration date
`
`05/29/2018
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`10/19/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`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.
`
`5820870
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Application date
`
`01/16/2019
`
`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 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
`
`Attachments
`
`87871508#TMSN.png( bytes )
`88117743#TMSN.png( bytes )
`87208513#TMSN.png( bytes )
`2022-12-21 NOTICE OF OPPOSITION - SER NO 97139080 - HANB.
`16132M.pdf(4540143 bytes )
`EXS 1-12 NOTICE OF OPPOSITION - SER NO 97139080 - HANB.
`16132M.pdf(1813827 bytes )
`
`Signature
`
`/Julia N. Hanson/
`
`Name
`
`Date
`
`JULIA N. HANSON
`
`12/21/2022
`
`

`

`
`
` HANB.16132M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Opposition No.: ___________
`
`
`Serial No.: 97/139080
`
`Mark: MONSTER FARMS
`
`) ) ) ) ) ) ) )
`
`
`)
`
`
`
`) )
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`MONSTER FARMS, INC.,
`
`
`
`
`
`
`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. 97/139080 (the “Application”) for the
`
`mark MONSTER FARMS (“Applicant’s Mark”) filed by Monster Farms, Inc. (“Applicant”) and
`
`therefore opposes the same.
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on November 23, 2021, Applicant seeks to obtain
`
`registration on the Principal Register of Applicant’s Mark for “Conducting guided farm tours” in
`
`International Class 41 and “Cattle and produce farming services” in International Class 44
`
`(“Applicant’s Services”) based on Applicant’s alleged intent-to-use the mark in interstate
`
`commerce.
`
`- 1 -
`
`

`

`
`
`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 nutritional supplements,
`
`energy drinks, sports/fitness gear and equipment, including products used with or associated with
`
`weightlifting events and fitness gyms, clothing, and other accessories, products, and services
`
`under the marks MONSTER®, MONSTER ENERGY®, MONSTER HYDRO®, MONSTER
`
`REHAB®, MONSTER MULE®, MONSTER ARMY®, MONSTER MILLION®, and
`
`MONSTER ASSAULT® (hereinafter collectively the “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 nutritional supplements, beverages,
`
`and numerous other products and services. Opposer 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 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,
`
`monsterarmy.com website and other Internet websites and social media platforms; and at trade
`
`shows, concert tours and live events. Since at least as early as 2003, Opposer has been engaged
`
`in promoting and marketing goods and services in the sports, esports (a/k/a “electronic sports”),
`
`motorsports, and music industries.
`
`4.
`
`Since 2002, Opposer has used and continues to use its well-known and famous
`
`MONSTER Marks in connection with graphic kits for motorized vehicles, stickers, decals,
`
`- 2 -
`
`

`

`
`
`jewelry, replica cars, remote control cars, trailer hitch covers, gloves, bags, and other related
`
`accessories. Examples of authorized products bearing the Opposer’s MONSTER Marks are
`
`shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5.
`
`Opposer extensively promotes its brand, including its MONSTER Marks through,
`
`for example, the sponsorship of sports events, athletes, and live events, such as the Professional Bull
`
`Riders bull riding series, which is televised nationwide. In addition, Opposer frequently promotes
`
`its sponsored athletes and sports events on social media using its MONSTER Marks. Examples of
`
`Opposer’s use of its MONSTER Marks in connection with live bull riding events are shown below:
`
`- 3 -
`
`

`

`
`
`
`
`
`
`6.
`
`Opposer has made extensive use of the Internet and social media to promote its
`
`brand. Opposer maintains websites at www.monsterenergy.com and www.monsterarmy.com.
`
`Both websites prominently display the MONSTER Marks on all webpages and subpages.
`
`Opposer launched its Monster Energy® website www.monsterenergy.com on August 19, 2003.
`
`Sample screen captures from Opposer’s www.monsterenergy.com and www.monsterarmy.com
`
`are shown below:
`
`- 4 -
`
`

`

`
`
`Ce
`
`@ monsterenergy.com
`acs
`
`DSM eeMeee god
`
`PEBBLE BEACH POOL SESSION
`
`#8 Oh
`
`2 *
`
`LiltVeal|eg
`
`FEATURED MOTORSPORTS ACTIONSPORTS
`
`INTERIM FLYWEIGHT CHAMP| UFC 277
`GAMING MUSIC
`
`MONSTER ENERGY DRINKS
`meanestenergy drink
`
`¢
`
`
`ee MeeMee Ld
`i} DAs —
`
`Hitec
`
`Wi Dad
`
`DDL
`ee
`
`|=e)
`
`iy
`
`Sai
`
`
`
`SSS
`ai) a
`
`ENERGY
`MUNSTER
`
`BUS Coors
`SgUUirdaeuuence
`Tess
`It’s the ideal comboof therightingredients in the right proportion to
`Penemueissteit ureeee
`Monsterpacks a powerful punch buthas a smootheasy drinkingflavor.
`Athletes, musicians, anarchists, co-ed's, road warriors, metal heads,
`geeks, hipsters, and bikers dig it- youwill too.
`FlavorProfile: Sweet andSalty - It tastes like Monster!
`CIEEBreed
`
`MONSTER
`
`ENERGY
`
`PRLUs
`
`iSrEd
`
`- 5 -
`
`
`
`€
`

`

`
`
`CG
`
`sa monsterenergy.com/us/e
`
`Hi DDL Me Mee eeee
`
`aie
`
`ee.
`
`3
`
`;
`
`"
`
`U
`
`Aa
`SCC Reace REAGn}
`PEERCeCe ua ccaa
`eeeeORROL
`Date
`
`FOR YOU
`
`MONSTER ENERGY OUTBREAK
`BeUdeeeelIY
`
`MONSTER ENERGY X HALO
`INFINITE
`
`BIG3 SEASON| 2022
`
`PNfo
`
`
`
`Promos you may have missed ===
`Win
`a Trip to the BIGSAll
`Star Game Sweepstakes
`TRORONRU Ok!
`PeanekoeC haos
`CNP4a Weelay
`Pee aNeeuarom OO gras
`PERaU RR OCscg stig
`aR ESeecry
`
`haeeeis- Thare diet deck dpe
`
`Base Pomemiecicien Thee fied OH BET
`
`Melessed Cbemplionn Prise:
`
`
`
`- 6 -
`
`€
`

`

`
`
`
`
`
`
`7.
`
`Opposer also promotes the MONSTER Marks through sponsoring automotive
`
`athletes and motorsports events that are televised nationwide and internationally. When
`
`competing or at public appearances, the sponsored athletes almost always wear clothing and/or
`
`use equipment that prominently display Opposer’s MONSTER Marks. Opposer has and
`
`continues to extensively promote its MONSTER Marks in connection with motorsports events
`
`such as, for example, stunt driving, Formula 1 Racing, NASCAR, Motocross, MotoGP,
`
`Supercross, and desert racing. Examples of Opposer’s sponsored sporting events and athletes,
`
`and clothing and equipment bearing the Opposer’s MONSTER Marks are shown below:
`
`
`
`
`
`- 7 -
`
`

`

`
`
`
`
`8.
`
`The MONSTER Marks have received and continue to receive tremendous
`
`exposure at the events, on television, and in press covering and reporting these sponsored events.
`
`For instance, in 2019 alone, Opposer’s sponsorship of Supercross resulted in exposure of the
`
`MONSTER Marks on banners, trailers, athletes’ gear, and other promotional materials, to over
`
`800,000 attendees and more than 6.4 million viewers on NBC, NBCSN, and USA broadcasts. In
`
`2020, the Monster Energy AMA Supercross series had 8 million broadcast viewers. Sample
`
`images of Opposer’s Monster Energy AMA Supercross events bearing the MONSTER Marks
`
`are shown below:
`
`
`
`
`
`- 8 -
`
`

`

`
`
`
`
`
`
`9.
`
`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 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 Opposer’s MONSTER Marks. 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
`
`10.
`
`In addition to Opposer’s common law rights Opposer owns and relies on the
`
`following registrations:
`
`
`
`
`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.
`
`- 9 -
`
`

`

`
`
`Registration
`No.
`6,760,278
`
`5,820,689
`
`MONSTER®
`
`MONSTER
`ENERGY®
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`4/18/2002
`
`Filing
`Date
`8/26/2021
`
`Registration
`Date
`6/14/2022
`
`1/15/2019
`
`7/30/2019
`
`Cl. 9
`6/30/2002
`Cl. 21
`1/2005
`Cl. 22
`12/20/2006
`Cl. 24
`7/2003
`Cl. 25
`5/24/2002
`Cl. 28
`12/8/2011
`
`4/18/2002
`
`5/7/2003
`
`8/29/2006
`
`Cl. 32. Energy drinks; Fruit
`drinks; Soft drinks; Sports drinks
`Cl. 9 sport helmets; video
`recordings featuring sports,
`extreme sports and motor sports;
`downloadable software for
`mobile devices for playing
`games; downloadable electronic
`game software for use on mobile
`devices; downloadable game
`software; downloadable
`interactive game programs;
`downloadable video game
`software and programs
`Cl. 21 beverageware; insulated
`beverage containers for domestic
`use; bottles, sold empty; drinking
`bottles for sports; water bottles
`sold empty; bottle openers
`Cl. 22 lanyards; lanyards for
`holding whistles, keys, badges,
`identification cards, event passes,
`media passes, photographs,
`recording equipment, or similar
`conveniences; tents
`Cl. 24 towels; blankets for
`outdoor use
`Cl. 25 clothing, namely, Tops,
`shirts, t-shirts, sweat shirts,
`jackets, bottoms, pants, bandanas,
`sweat bands, gloves; headwear;
`hats; beanies
`Cl. 28 toy cars; remote control
`toys, namely, cars; cornhole
`game sets; cornhole game boards;
`cornhole bags; surf boards; skate
`boards; snowboards; golf bags
`Cl. 32 beverages, namely,
`carbonated soft 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
`
`- 10 -
`
`3,134,842
`
`M MONSTER
`ENERGY®
`
`

`

`
`
`Registration
`No.
`4,129,288
`
`Mark
`
`Goods/Services
`
`MONSTER
`REHAB®
`
`4,634,053
`
`MONSTER
`ASSAULT®
`
`5,759,008
`
`6,170,021
`
`MONSTER
`MULE®
`
`MONSTER
`MILLION®
`
`First Use
`Date
`3/02/2011
`
`Filing
`Date
`7/06/2010
`
`Registration
`Date
`4/17/2012
`
`5/2008
`
`11/15/2013
`
`11/4/2014
`
`6/2018
`
`4/10/2018
`
`5/21/2019
`
`All Classes:
`10/15/2011
`
`9/14/2018
`
`
`10/6/2020
`
`
`Cl. 5 Nutritional supplements in
`liquid form; Cl 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
`Cl. 5 nutritional supplements in
`liquid form; vitamin fortified
`beverages
`Cl. 32 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 contain
`fruit juice or soy, whether such
`products are pasteurized or not
`Cl. 32 non-alcoholic beverages,
`namely, soft drinks, energy
`drinks, and sports drinks
`Cl. 35: promotion of motorsport
`events for others; promotional
`sponsorship of motorsport events;
`promoting goods and services in
`the motorsport events field
`through the distribution of
`printed, audio and visual
`promotional material
`Cl. 41: entertainment services,
`namely, organizing motorsport
`events and conducting and
`arranging contests; entertainment
`services in the nature of
`organizing and conducting
`sporting events in the field of
`motorsports; entertainment
`services in the nature of
`organizing and conducting
`competitive sporting events;
`
`- 11 -
`
`

`

`
`
`Registration
`No.
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`
`Filing
`Date
`
`Registration
`Date
`
`2/26/2018
`
`12/15/2016
`
`5/22/2018
`
`11/16/2015
`
`8/28/2018
`
`Cl. 25
`5/2010
`Cl. 41
`5/2005
`
`4/18/2002
`
`12/13/2017
`
`8/17/2021
`
`6/6/2016
`
`10/19/2016
`
`5/29/2018
`
`5,476,437
`
`MONSTER
`HYDRO®
`
`5,551,192
`
`MONSTER
`ARMY®
`
`6,451,182
`
`
`
`®
`
`5,481,864
`
`MONSTER
`ENERGY®
`
`entertainment services in the
`nature of sports competitions;
`entertainment services in the
`nature of providing information
`in the field of sporting events and
`sports competitions
`Cl. 32 non-alcoholic beverages,
`namely, energy drinks, soft
`drinks, sports drinks, and
`flavored waters; water enhanced
`with vitamins, nutrients, proteins,
`and amino acids
`Cl. 25 clothing, namely, tops,
`shirts, T-shirts, hooded shirts,
`sweat shirts, and jackets
`Cl. 41 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
`mentoring in the field of wake,
`ski, surf, snowboard, motocross,
`mountain bike, BMX, and skate
`Cl. 32 non-alcoholic beverages,
`namely, soft drinks, energy
`drinks, sports drinks, and fruit
`juice drinks
`Cl. 41 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
`
`- 12 -
`
`

`

`
`
`Registration
`No.
`
`5,820,870
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`
`Filing
`Date
`
`Registration
`Date
`
`1/16/2019
`
`7/30/2019
`
`Cl. 20
`12/2/2017
`Cl. 41
`8/18/2003
`
`®
`
`gaming; providing a website
`featuring information about
`online gaming and online gaming
`professionals; entertainment in
`the nature of live online gaming
`Cl. 20 Furniture; chairs; gaming
`chairs
`Cl. 41 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 purposes; entertainment
`services, namely, providing a
`website for online gaming;
`providing a website featuring
`information about online gaming
`and online gaming professionals;
`entertainment services in the
`nature of sporting events,
`performances and competitions,
`electronic sporting events and
`competitions, and music
`performances and events;
`providing a web site featuring
`entertainment information and
`news on athletes
`
`
`
`11.
`
`Opposer owns and relies on U.S. Trademark Registration No. 6,760,278 (the ’278
`
`Registration”) for the mark MONSTER® for “Energy drinks; Fruit drinks; Soft drinks; Sports
`
`drinks” in International Class 32 which registration issued June 14, 2022 and is based on an
`
`application filed in the United States Patent and Trademark Office (“PTO”) on August 26. 2021.
`
`The filing date of Opposer’s ’278 Registration is prior to the filing date of the Application. True and
`
`- 13 -
`
`

`

`
`
`correct copies of the specifics of the ’278 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 1and made of record.
`
`12.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,820,689 (the
`
`“’689 Registration”) for the mark MONSTER ENERGY® for “clothing, namely, tops, shirts, t-
`
`shirts, sweat shirts, jackets, bottoms, pants, bandanas, sweat bands, gloves; headwear; hats;
`
`beanies” in International Class 25, “toy cars; remote control toys, namely, cars; cornhole game
`
`sets; cornhole game boards; cornhole bags; surf boards; skate boards; snowboards; golf bags” in
`
`International Class 28, “sport helmets; video recordings featuring sports, extreme sports and
`
`motor sports; downloadable software for mobile devices for playing games; downloadable
`
`electronic game software for use on mobile devices; downloadable game software;
`
`downloadable interactive game programs; downloadable video game software and programs” in
`
`International Class 9, “beverageware; insulated beverage containers for domestic use; bottles,
`
`sold empty; drinking bottles for sports; water bottles sold empty; bottle openers” in International
`
`Class 21, “lanyards; lanyards for holding whistles, keys, badges, identification cards, event
`
`passes, media passes, photographs, recording equipment, or similar conveniences; tents” in
`
`International Class 22, and “towels; blankets for outdoor use” in International Class 24, which
`
`registration issued July 30, 2019 and is based on an application filed in the United States Patent
`
`and Trademark Office (“PTO”) on January 15, 2019. The filing date of Opposer’s ’689
`
`Registration is prior to the filing date of the Application, and the first use dates listed in the ’689
`
`Registration are prior to the alleged first use date of Applicant’s Mark. True and correct copies of
`
`the specifics of the ’689 Registration obtained from the PTO’s TESS and Assignment databases
`
`are attached hereto as Exhibit 2 and made of record.
`
`13.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,134,842 (the “’842 Registration”) for the mark M MONSTER ENERGY® for “beverages,
`
`- 14 -
`
`

`

`
`
`namely, carbonated soft 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” in
`
`International Class 32, which registration issued on August 29, 2006 and is based on an
`
`application filed in the PTO on May 7, 2003. The filing date of Opposer’s ’842 Registration is
`
`prior to the filing date of the Application and alleged date of first use listed in the Application. True
`
`and correct copies of the specifics of the ’842 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 3 and made of record.
`
`14.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,129,288 (the “’288 Registration”) for the mark MONSTER REHAB® for “nutritional
`
`supplements in liquid form” in International Class 5 and “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” in
`
`International Class 32, which registration issued April 17, 2012 and is based on an application
`
`filed in the PTO on July 6, 2010. The filing date and registration date of the ’288 Registration are
`
`prior to the filing date of the Application. True and correct copies of the specifics of the ’288
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 4 and made of record.
`
`15.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,634,053 (the “’053 Registration”) for the mark MONSTER ASSAULT® for “nutritional
`
`supplements in liquid form; vitamin fortified beverages” in International Class 5 and “non-
`
`- 15 -
`
`

`

`
`
`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 contain fruit juice or soy, whether such products are
`
`pasteurized or not” in International Class 32, which registration issued on November 4, 2014 and
`
`is based on an application filed in the PTO on November 15, 2013. The filing date and
`
`registration date of Opposer’s ’053 R