Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1262926
`
`Filing date:
`
`01/30/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91282465
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Monster Farms, Inc.
`
`C. RUSSELL RIDDLE
`THE RIDDLE FIRM
`517 ANGLE RIDGE DRIVE
`MURPHY, TX 75094
`UNITED STATES
`Primary email: russriddle@verizon.net
`214-663-4791
`
`Answer
`
`C. Russell Riddle
`
`russriddle@verizon.net
`
`/C. Russell Riddle/
`
`01/30/2023
`
`Applicants Answer to Notice of Opposition Opposition Number 91282465.
`pdf(1898281 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1262926
`
`Filing date:
`
`01/30/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91282465
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Monster Farms, Inc.
`
`C. RUSSELL RIDDLE
`THE RIDDLE FIRM
`517 ANGLE RIDGE DRIVE
`MURPHY, TX 75094
`UNITED STATES
`Primary email: russriddle@verizon.net
`214-663-4791
`
`Answer
`
`C. Russell Riddle
`
`russriddle@verizon.net
`
`/C. Russell Riddle/
`
`01/30/2023
`
`Applicants Answer to Notice of Opposition Opposition Number 91282465.
`pdf(1898281 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91282465
`
`§ §
`
`§ §
`
`§
`
`§ §
`
`§ §
`
`§
`
`In the Matter of:
`Application Serial No. 97139080
`Publishedin the Official Gazette
`October 25, 2022
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`Vv.
`
`MONSTER FARMS,INC.
`
`‘
`
`Applicant.
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
`
`Applicant, Monster Farms, Inc., by its attorney, hereby submits its Answerto the
`Notice of Opposition filed by Monster Energy Company (“Opposer”) on December 21,
`2022, and instituted by the Board on December 21, 2022, against application for
`registration of Applicant’s trademark MONSTER FARMS,Serial No. 97139080 filed
`November 23, 2021. and published in the Official Gazette on October 25, 2022, as
`
`follows:
`
`In response to the first paragraph of the Notice of Opposition, Applicant
`1.
`denies that Opposer will be damaged by registration of the mark MONSTER FARMS,
`shownin Application Serial No. 97139080.
`
`Applicant’s Answerto Notice of Opposition
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`Page | of 9
`
`
`
`
`
`
`
`In response to Paragraph 1 ofthe Notice of Opposition, Applicant admits
`2.
`that on November 23, 2021, it filed a trademark application for the mark MONSTER
`FARMSfor “Conducting guided farm tours” in Class 41 and for “Cattle and produce
`farming services” in Class 44 and that the application was based on a bonafide intent to
`use the MONSTER FARMSmark in commerce pursuant to Section 1(b) of the Lanham
`Act, 15 U.S.C. § 1051(b).
`
`is
`In response to Paragraph 2 of the Notice of Opposition, Applicant
`Bi
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`4.
`In response to Paragraph 3 of the Notice of Opposition, Applicant is
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`5.
`In response to Paragraph 4 of the Notice of Opposition, Applicant is
`without knowledge of information sufficient to form a belief as to the truth ofthe
`allegations contained therein and, accordingly, denies each and every such allegation.
`6.
`In response to Paragraph 5 of the Notice of Opposition, Applicant is
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`7.
`In response to Paragraph 6 of the Notice of Opposition, Applicant admits
`that at the timeoffiling this Answer to Notice of Opposition, there are live websites at
`the URLS www.monsterenergy.com and www.monsterarmy.com, but Applicant
`is
`without knowledge of information sufficient to form a belief as to the truth of the
`
`Applicant’s Answerto Notice of Opposition
`
`Page 2 of 9
`
`
`
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 7 of the Notice of Opposition, Applicant is
`8.
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`a.
`{In response to Paragraph 8 of the Notice of Opposition, Applicant is
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`10.
`In response to Paragraph 9 of the Notice of Opposition, Applicant is
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation,
`including without limitation the allegations in Footnote 1 of the Notice ofOpposition.
`11.
`In response to Paragraph 10 of the Notice of Opposition, Applicant admits
`that the USPTO’s online Trademark Electronic Search System (TESS)reflects the marks
`set forth in Opposer’s Notice of Opposition werefiled and registered on the dates stated
`in the table, for the stated goods/services, and bear the stated registration numbers, but
`Applicant is without knowledgeofinformation sufficient to form a belief as to the truth
`of the alleged first use dates contained therein and, accordingly, denies each and every
`such allegation.
`
`
`
`In response to Paragraph 11 of the Notice of Opposition, Applicant admits
`12.
`that August 26, 2021, predates Applicant’s filing date and that a document marked as
`“Exhibit 1” was attached to the Notice of Opposition, but Applicant is without knowledge
`
`Applicant’s Answer to Notice of Opposition
`
`Page 3 of9
`
`
`
`
`
`of information sufficient to form a belief as to the truth of the remaining allegations
`contained therein and, accordingly, denies each and every such allegation.
`13.
`In responseto Paragraph 12 of the Notice of Opposition, Applicant admits
`that Opposer’s stated filing date and the first use dates stated on the registration
`certificate in the document marked “Exhibit 2” attached to the Notice of Opposition
`predate Applicant’s filing date and first use date yet to be declared by Applicant, but
`Applicant is without knowledge of information sufficient to form a belief as to the truth
`of the remaining allegations contained therein and, accordingly, denies each and every
`such allegation.
`
`In response to Paragraph 13 ofthe Notice of Opposition, Applicant admits
`14.
`that Opposer’sstated filing date predates Applicant’s filing date andfirst use date yet to
`be declared by Applicant, and that a document marked “Exhibit 3” was attached to the
`
`Notice of Opposition, but Applicant is without knowledge of information sufficient to
`form a belief as to the truth of the remaining allegations contained therein and,
`accordingly, denies each and every such allegation.
`
`In response to Paragraph 14 ofthe Notice of Opposition, Applicant admits
`15.
`that Opposer’s stated filing and registration dates predate Applicant’s filing date and that
`a document marked “Exhibit 4” was attached to the Notice of Opposition, but Applicant
`is without knowledge of information sufficient to form a belief as to the truth of the
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 15 ofthe Notice of Opposition, Applicant admits
`16.
`that Opposer’s stated filing and registration dates predate Applicant’s filing date and that
`
`Applicant’s Answerto Notice ofOpposition
`
`Page 4 of 9
`
`
`
`
`
`a document marked “Exhibit 5” was attached to the Notice of Opposition, but Applicant
`is without knowledge of information sufficient to form a belief as to the truth of the
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 16 of the Notice of Opposition, Applicant admits
`17.
`that Opposer’s stated filing and registration dates predate Applicant’s filing date and that
`a document marked “Exhibit 6” was attached to the Notice of Opposition, but Applicant
`is without knowledge of information sufficient to form a belief as to the truth of the
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 17 of the Notice of Opposition, Applicant admits
`18.
`that Opposer’s stated filing date predates Applicant’s filing date and that a document
`
`marked “Exhibit 7” was attached to the Notice of Opposition, but Applicant is without
`knowledge of information sufficient to form a belief as to the truth of the remaining
`allegations contained therein and, accordingly, denies each and every such allegation.
`19.
`In responseto Paragraph 18 ofthe Notice of Opposition, Applicant admits
`that Opposer’s stated filing and registration dates predate Applicant’s filing date and that
`a document marked “Exhibit 8” was attached to the Notice of Opposition, but Applicant
`is without knowledge of information sufficient to form a belief as to the truth of the
`
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 19 of the Notice of Opposition, Applicant admits
`20.
`that Opposer’s stated filing and registration dates predate Applicant’s filing date and that
`
`Applicant’s Answer to Notice of Opposition
`
`Page 5 of9
`
`
`
`
`
`a document marked “Exhibit 9° was attached to the Notice of Opposition, but Applicant
`is without knowledge of information sufficient to form a belief as to the truth of the
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 20 ofthe Notice of Opposition, Applicant admits
`21s
`that Opposer’s stated filing date predates Applicant’s filing date and that a document
`
`marked “Exhibit 10” was attached to the Notice of Opposition, but Applicant is without
`knowledge ofinformation sufficient to form a belief as to the truth of the remaining
`allegations contained therein and, accordingly, denies each and every such allegation.
`22.
`In responseto Paragraph 21 ofthe Notice of Opposition, Applicant admits
`that Opposer’s stated filing and registration dates predate Applicant’s filing date and that
`a document marked “Exhibit 11” was attached to the Notice of Opposition, but Applicant
`is without knowledge of information sufficient to form a belief as to the truth of the
`remaining allegations contained therein and, accordingly, denies each and every such
`allegation.
`
`In response to Paragraph 22 of the Notice of Opposition, Applicant admits
`23.
`that Opposer’s stated filing date predates Applicant’s filing date and that a document
`
`marked “Exhibit 12” was attached to the Notice of Opposition, but Applicant is without
`knowledge of information sufficient to form a belief as to the truth of the remaining
`allegations contained therein and, accordingly, denies each and every such allegation.
`24,
`In response to Paragraph 23 of the Notice of Opposition, Applicant admits
`that the USPTO’s online Trademark Electronic Search System (“TESS”) reflects the
`registrationslisted in Paragraphs 10 through 22 of Opposer’s Notice of Oppositionas not
`
`Applicant’s Answer to Notice ofOpposition
`
`Page 6 of 9
`
`
`
`
`
`28._In response to Paragraph 27 of the Notice of Opposition, Applicant admits
`that certain of Opposer’s registrations include International Class 041, but otherwise
`
`having been cancelled and that TESS further reflects that Section 15 Affidavits have been
`filed with respect to USPTO Registration Nos. 3,134,842, 4,129,288; and 4,634,053, but
`Applicant is without knowledge ofinformation sufficient to form a belief as to the truth
`of the remaining allegations contained therein and, accordingly, denies each and every
`such allegation.
`
`In response to Paragraph 24 of the Notice of Opposition, Applicant is
`25.
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`26.
`In response to Paragraph 25 of the Notice of Opposition, Applicant is
`without knowledge of information sufficient to form a belief as to the truth of the
`
`allegations contained therein and, accordingly, denies each and every such allegation.
`eg
`In response to Paragraph 26 of the Notice of Opposition, Applicant denies
`that if a registration issues for the Application, such registration will constitute prima
`facie evidence of Applicant’s exclusive right to use the registered mark in commerce on
`
`or in connection with the listed services throughout the United States with no limitation
`
`thereon, but Applicant is without knowledge ofinformation sufficient to form a beliefas
`
`to the truth of what Opposer seeks.
`
`denies each and every allegation.
`
`In response to Paragraph 28 of the Notice of Opposition, Applicant denies
`29,
`that Opposer will be damaged byregistration of the Application or that there is a
`
`likelihood of confusion, mistake or deception between MONSTER FARMS and
`
`Applicant’s Answerto Notice ofOpposition
`
`Page 7 of 9
`
`
`
`
`
`Opposer’s marks. Applicant is without knowledge of information sufficient to form a
`belief as to the truth of the allegation regarding Opposer’s common law rights and,
`accordingly, denies such allegation.
`
`In response to Paragraph 29 of the Notice of Opposition, Applicant is
`30.
`without knowledge of information sufficient to form a belief as to the truth of the
`allegations contained therein and, accordingly, denies each and every such allegation.
`a1,
`In response to Paragraph 30 of the Notice of Opposition, Applicant denies
`that it is unentitled to federal registration ofMONSTER FARMSpursuantto Section 2(d)
`of the Trademark Act, 15 U.S.C. § 1052(d).
`
`DEFENSES / AFFIRMATIVE DEFENSES
`
`There is no likelihood of confusion, mistake or deception because, inter
`42,
`alia, Applicant’s mark MONSTER FARMSandthe pleaded marks of Opposer are not
`confusingly similar. Moreover,
`there is no likelihood that Applicant’s mark and
`Opposer’s markswill be confused because the parties’ respective goods and services will
`not be marketed in such a way that they would be encountered by the same consumersin
`situations that would create the incorrect assumption that they originate from the same
`
`source.
`
`this Opposition is groundless and
`WHEREFORE, Applicant contends that
`baseless in fact; and that Opposer has not shown how it will be, or is likely to be,
`damaged by the registration of Applicant’s trademark. Applicant denies that Opposer
`will be damaged in any manner by registration of Applicant’s trademark, denies that
`Opposer is entitled to any of the relief requested in the Notice of Opposition, and
`
`requests:
`
`Applicant’s Answerto Notice ofOpposition
`
`Page 8 of 9
`
`
`
`
`
`(1)
`
`(2)
`
`that this Opposition be dismissed and Applicant be granted
`registration ofits application: and
`
`such other and furtherreliefas is deemed Just and proper.
`
`DATED: January 30, 2023
`
`Respectfully submitted,ew
`
`
`C. Russell Riddle
`THE RIDDLE FIRM
`Attorney for Applicant
`
`THE RIDDLE FIRM
`517 Angle Ridge Drive
`Murphy, Texas 75094
`Telephone: 214.663.4791
`E-mail: russriddle@verizon.net
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on this 30th day of January 2023, the
`foregoing Applicant’s Answer to Notice of Opposition was served on Opposer, via UPS,
`as follows:
`
`Julia N. Hanson
`KNOBBE MARTENS
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`
`
`C. Russell Riddle
`
`Applicant’s Answerto Notice of Opposition
`
`Page 9 of9
`
`
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