Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1256207
`12/22/2022
`
`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
`
`JASON A. CHAMPION
`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.
`
`90872993
`
`Opposition filing
`date
`
`Applicant
`
`12/22/2022
`
`LifeLab Therapeutics, LLC
`7986 S TITUS CT
`AURORA, CO 80016
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`10/25/2022
`
`Opposition period
`ends
`
`12/24/2022
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Aerosol dispensers for medical use sold
`filled with herbal supplements, plant based nutraceuticals for use as a dietary supplement, vitamins
`and mineral supplements, menthol for pharmaceutical purposes, lidocaine, camphor for medical pur-
`poses and eucalyptus for pharmaceutical purposes; Anti-inflammatory sprays; Dietary supplements
`for human beings and animals; Dietary supplements for humans and animals; Dietary and nutritional
`supplements for sleep, altitude sickness, energy, mood, pain relief, anxiety and weight loss; Herbal
`supplements; Herbal supplements for sleeping problems; Herbal supplements for sleep, altitude sick-
`ness, energy, mood, pain relief, anxiety and weight loss; Mineral supplements; Nutraceuticals for use
`as a dietary supplement; Nutritional supplements; Sexual stimulant sprays; Therapeutic spray to
`soothe and relax the muscles; Vitamin supplements
`
`Grounds for opposition
`
`

`

`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Other
`
`Trademark Act Sections 2 and 43(c)
`
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3434821
`
`Register
`
`Principal
`
`Registration date
`
`05/27/2008
`
`Application date
`
`09/07/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M
`
`The mark consists of the letter "m" in the form of a claw.
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Nutritional supplements
`
`U.S. registration
`no.
`
`5580962
`
`Register
`
`Principal
`
`Registration date
`
`10/09/2018
`
`Word mark
`
`Design mark
`
`M
`
`Application date
`
`05/17/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a green letter "M" in the form of a claw on a black back-
`ground.
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Nutritional supplements; nutritional supplements for purposes of boosting en-
`
`

`

`ergy; dietary supplemental drinks in the nature of vitamin beverages
`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: Jan 14, 2010 First Use In Commerce: Jan 14,
`2010
`Silicone wristbands in the nature of bracelets; silicone bracelets; jewelry,
`namely, bracelets and wristbands; lanyard necklace; 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
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Non-alcoholic beverages, namely, energy drinks, sports drinks, and sports and/
`or energy drinks enhanced with vitamins, minerals, nutrients, amino acids and/or
`herbs
`
`U.S. registration
`no.
`
`5022676
`
`Register
`
`Principal
`
`Registration date
`
`08/16/2016
`
`Application date
`
`05/28/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M
`
`The mark consists of a green letter "M" in the form of a claw.
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`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
`
`U.S. registration
`no.
`
`4865702
`
`Register
`
`Principal
`
`Registration date
`
`12/08/2015
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`02/02/2015
`
`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, which is
`above the word "ENERGY" which appears in the color green, all on a black
`background.
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`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
`
`U.S. registration
`no.
`
`4790629
`
`Register
`
`Principal
`
`Registration date
`
`08/11/2015
`
`Word mark
`
`M MONSTER REHAB
`
`Application date
`
`02/04/2015
`
`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 black
`with grey highlighting above the word "MONSTER" in white outlined in grey,
`which is above the word "REHAB" in orange outlined in black and white, all on a
`black and grey background with an explosion of yellow, orange, and red behind
`the "M."
`
`Class 005. First use: First Use: Mar 2012 First Use In Commerce: Mar 2012
`Nutritional supplements in liquid form
`Class 030. First use: First Use: Mar 2012 First Use In Commerce: Mar 2012
`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 2012 First Use In Commerce: Mar 2012
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks and
`fruit juice drinks, all the foregoing enhanced with vitamins, minerals, nutrients,
`proteins, amino acids and/or herbs
`
`U.S. registration
`no.
`
`4865714
`
`Register
`
`Principal
`
`Registration date
`
`12/08/2015
`
`Word mark
`
`M JAVA MONSTER
`
`Application date
`
`02/04/2015
`
`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 gold
`and outlined in black, above the word "JAVA", which appears in brown outlined
`in black, which is above the word "MONSTER", which appears in brown outlined
`in black, all on a light brown colored wood grain background.
`
`Class 005. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`Nutritional supplements in liquid form with coffee as an ingredient
`Class 030. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`Ready to drink coffee, iced coffee and coffee based beverages; ready to drink
`flavored coffee, iced coffee and coffee based beverages
`Class 032. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`Non-alcoholic beverages, namely, soft drinks with coffee as an ingredient; non-
`alcoholic and non-carbonated drinks enhanced with vitamins, minerals, nutri-
`ents, proteins, amino acids and/or herbs with coffee as an ingredient; non-
`carbonated energy or sports drinks with coffee as an ingredient
`
`U.S. registration
`no.
`
`4954483
`
`Register
`
`Principal
`
`Registration date
`
`05/10/2016
`
`Application date
`
`07/09/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`KHAOS M JUICE MONSTER
`
`The mark consists of the word "KHAOS" above the words "JUICE MONSTER"
`with a stylized letter "M" in the form of a claw displayed in between "KHAOS"
`and "JUICE MONSTER".
`
`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, soft drinks, carbonated soft drinks, energy
`drinks, sports drinks, and fruit juice drinks; energy drinks and sports drinks en-
`hanced with one or more of vitamins, minerals, nutrients, amino acids and/or
`herbs
`
`Attachments
`
`87926413#TMSN.png( bytes )
`86521176#TMSN.png( bytes )
`86524690#TMSN.png( bytes )
`86524831#TMSN.png( bytes )
`2022-12-22 NOTICE OF OPPPOSITION - SER NO 90872993 -
`HANB.16131M.pdf(831329 bytes )
`EXS. 1-7 NOTICE OF OPPPOSITION - SER NO 90872993 -
`HANB.16131M.pdf(5289385 bytes )
`
`Signature
`
`/JASON A. CHAMPION/
`
`Name
`
`Date
`
`JASON A. CHAMPION
`
`12/22/2022
`
`

`

` 
`
`HANB.16131M
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TRADEMARK
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`LIFELAB THERAPEUTICS, LLC,
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 90/872993
`
`Mark:
`
`
`
`
`
`) ) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`NOTICE OF OPPOSITION
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Monster Energy Company (“Opposer”), a Delaware corporation, located and doing
`
`business at 1 Monster Way, Corona, California 92879, believes that it will be damaged by
`
`registration of U.S. Trademark Application Serial No. 90872993 (“Application”) for the mark
`
` (“Applicant’s Mark”) filed by LifeLab Therapeutics, LLC (“Applicant”) and
`
`therefore opposes the same.
`
`
`
`
`
`
`
`
`
`- 1 -
`
`

`

` 
`
`
`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`By the Application filed on August 9, 2021, Applicant seeks to obtain registration on
`
`the Principal Register of the mark
`
` for “Aerosol dispensers for medical use sold filled
`
`with herbal supplements, plant based nutraceuticals for use as a dietary supplement, vitamins and
`
`mineral supplements, menthol for pharmaceutical purposes, lidocaine, camphor for medical purposes
`
`and eucalyptus for pharmaceutical purposes; Anti-inflammatory sprays; Dietary supplements for
`
`human beings and animals; Dietary supplements for humans and animals; Dietary and nutritional
`
`supplements for sleep, altitude sickness, energy, mood, pain relief, anxiety and weight loss; Herbal
`
`supplements; Herbal supplements for sleeping problems; Herbal supplements for sleep, altitude
`
`sickness, energy, mood, pain relief, anxiety and weight loss; Mineral supplements; Nutraceuticals for
`
`use as a dietary supplement; Nutritional supplements; Sexual stimulant sprays; Therapeutic spray to
`
`soothe and relax the muscles; Vitamin supplements” in International Class 5.
`
`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 beverages, nutritional
`
`supplements, clothing, and other goods and services, bearing Opposer’s
`
`® mark (“Claw Icon”)
`
`and related marks, including, for example, the following:
`
`®,
`
`®,
`
`®,
`
`
`
`- 2 -
`
`

`

` 
`
`®,
`
`®, and
`
`®.
`
`3.
`
`Since at least before the filing date of the Application, Opposer has continuously used
`
`and promoted its Claw Icon mark and related marks. Opposer’s Claw Icon mark and related marks
`
`are the subject of substantial and continuous marketing and promotion by Opposer in connection with
`
`its beverages, nutritional supplements, and numerous other products and services.
`
`4.
`
`Opposer has and continues to widely market and promote its Claw Icon mark and
`
`related marks in the industry and to consumers by, for example, displaying the marks extensively on
`
`billions of cans; on apparel, merchandise, and on product samplings; on promotional and point of sale
`
`materials; in magazines and other industry publications; on the monsterenergy.com website,
`
`monsterarmy.com website and other Internet websites and social media sites; at trade shows, and/or
`
`at other live events, including the sponsorship of music festivals, athletes, and sports events that are
`
`televised nationwide and internationally.
`
`5.
`
`In addition, Opposer has expended substantial time, money, and resources marketing,
`
`advertising, and promoting the nutritional supplements and beverages sold under the Claw Icon mark
`
`and related marks including through, for example, the sponsorship of and/or attendance at sports
`
`events, fitness events, and through sponsorship of athletes, athletic teams, and athletic competitions.
`
`When competing, at public appearances, or both, Opposer’s sponsored athletes also almost always
`
`wear clothing that prominently displays one or more of the Claw Icon mark and related marks and
`
`are photographed in connection with Opposer’s beverages and/or supplements. Examples of
`
`Opposer’s sponsored events and/or athletes prominently displaying Opposer’s Claw Icon mark and
`
`related marks are shown below:
`
`
`
`- 3 -
`
`

`

`
`
`
`
`
`
`
`
`- 4 -
`
` 
`
`
`
`

`

` 
`
`
`
`
`
`
`
`6.
`
`By virtue of Opposer’s continuous and substantial use, the Claw Icon mark and related
`
`marks have become famous identifiers of Opposer since long before the filing date of the Application.
`
`7.
`
`Opposer has built up, at great expense and effort, valuable goodwill in its Claw Icon
`
`mark and related marks and has developed strong common law rights in the marks. Opposer’s
`
`common law rights in its Claw Icon mark and related marks predate the filing date of the Application,
`
`and Opposer relies on these common law trademark rights in this Opposition.
`
`
`
`- 5 -
`
`

`

` 
`
`8.
`
`In addition to Opposer’s common law rights, which predate the filing date of the
`
`Application, Opposer owns and relies on the following registrations:
`
`Registration
`No.
`3,434,821
`
`Mark
`
`Goods/Services
`
`Cl. 5 nutritional
`supplements
`
`First Use
`Date
`3/27/2002
`
`Filing Date Registration
`Date
`5/27/2008
`
`9/7/2007
`
`5/17/2018
`
`10/9/2018
`
`5,580,962
`
`
`
`Cl. 5
`3/27/2002
`
`Cl. 9
`6/30/2002
`
`Cl. 14
`1/14/2010
`
`Cl. 16
`1/2014
`
`Cl. 18
`5/24/2002
`
`Cl. 25
`5/24/2002
`
`Cl. 32
`3/27/2002
`
`®
`
`®
`
`Cl. 5 nutritional
`supplements; nutritional
`supplements for
`purposes of boosting
`energy; dietary
`supplemental drinks in
`the nature of vitamin
`beverages
`Cl. 9 sport helmets;
`video recordings
`featuring sports, extreme
`sports and motor sports
`Cl. 14 silicone
`wristbands in the nature
`of bracelets; silicone
`bracelets; jewelry,
`namely, bracelets and
`wristbands; lanyard
`necklace; watches
`Cl. 16 stickers, sticker
`kits comprising stickers
`and decals; decals;
`posters; calendars
`Cl. 18 all-purpose sport
`bags; all-purpose
`carrying bags;
`backpacks; duffel bags
`Cl. 25 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
`
`- 6 -
`
`

`

` 
`
`Registration
`No.
`
`5,022,676
`
`4,865,702
`
`4,790,629
`
`
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`
`Filing Date Registration
`Date
`
`All classes
`3/27/2002
`
`5/28/2014
`
`8/16/2016
`
`All classes
`3/27/2002
`
`2/2/2015
`
`12/8/2015
`
`All classes
`3/2012
`
`2/4/2015
`
`8/11/2015
`
`Cl. 32 non-alcoholic
`beverages, namely,
`energy drinks, sports
`drinks, and sports and/or
`energy drinks enhanced
`with vitamins, minerals,
`nutrients, amino acids
`and/or herbs
`Cl. 5 nutritional
`supplements in liquid
`form
`Cl. 5 non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy drinks and sports
`drinks
`Cl. 5 nutritional
`supplements in liquid
`form
`Cl. 32 non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy drinks and sports
`drinks
`Cl. 5 nutritional
`supplements in liquid
`form
`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, soft
`drinks, energy drinks,
`sports drinks and fruit
`juice drinks, all the
`
`- 7 -
`
`®
`
`®
`
`®
`
`

`

` 
`
`Registration
`No.
`
`4,865,714
`
`4,954,483
`
`
`
`
`
`
`
`Mark
`
`Goods/Services
`
`First Use
`Date
`
`Filing Date Registration
`Date
`
`All classes
`4/27/2007
`
`2/4/2015
`
`12/8/2015
`
`All classes
`6/23/2014
`
`7/9/2015
`
`5/10/2016
`
`foregoing enhanced with
`vitamins, minerals,
`nutrients, proteins,
`amino acids and/or
`herbs
`Cl.5 nutritional
`supplements in liquid
`form with coffee as an
`ingredient
`Cl. 30 ready to drink
`coffee, iced coffee and
`coffee based beverages;
`ready to drink flavored
`coffee, iced coffee and
`coffee based beverages
`Cl. 32 non-alcoholic
`beverages, namely, soft
`drinks with coffee as an
`ingredient; non-
`alcoholic and non-
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs with coffee
`as an ingredient; non-
`carbonated energy or
`sports drinks with coffee
`as an ingredient
`Cl. 5 nutritional
`supplements in liquid
`form
`Cl. 32 non-alcoholic
`beverages, namely, soft
`drinks, carbonated soft
`drinks, energy drinks,
`sports drinks, and fruit
`juice drinks; energy
`drinks and sports drinks
`enhanced with one or
`more of vitamins,
`minerals, nutrients,
`amino acids and/or
`herbs
`
`®
`
`®
`
`- 8 -
`
`

`

` 
`
`9.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 3,434,821
`
`(the “’821 Registration”) for the mark
`
`® for “nutritional supplements” in International Class 5,
`
`which registration issued May 27, 2008 and is based on an application filed in the PTO on September
`
`7, 2007. The filing date of Opposer’s ’821 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of the ’821 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 1 and made of record.
`
`10. Opposer owns and relies on U.S. Trademark Registration No. 5,580,962 (the “’962
`
`Registration”) for the mark
`
`® for “nutritional supplements; nutritional supplements for
`
`purposes of boosting energy; dietary supplemental drinks in the nature of vitamin beverages” in
`
`International Class 5, “sport helmets; video recordings featuring sports, extreme sports and motor
`
`sports” in International Class 9, “silicone wristbands in the nature of bracelets; silicone bracelets;
`
`jewelry, namely, bracelets and wristbands; lanyard necklace; watches” in International Class 14,
`
`“stickers, sticker kits comprising stickers and decals; decals; posters; calendars” in International Class
`
`16, “all-purpose sport bags; all-purpose carrying bags; backpacks; duffel bags” in International Class
`
`18, “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” in
`
`International Class 25, and “non-alcoholic beverages, namely, energy drinks, sports drinks, and sports
`
`and/or energy drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs” in
`
`International Class 32, which registration issued October 9, 2018 and is based on an application filed
`
`in the PTO on May 17, 2018. The filing date of Opposer’s ’962 Registration is prior to the filing date
`
`
`
`- 9 -
`
`

`

` 
`
`of the Application. True and correct copies of the specifics of the ’962 Registration obtained from the
`
`PTO’s TESS and Assignment databases are attached hereto as Exhibit 2 and made of record.
`
`11. Opposer owns and relies on U.S. Trademark Registration No. 5,022,676 (the “’676
`
`Registration”) for the mark
`
`® for “nutritional supplements in liquid form” in International
`
`Class 5, and “non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks enhanced
`
`with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; carbonated energy drinks and
`
`sports drinks” in International Class 32, which registration issued August 16, 2016 and is based on an
`
`application filed in the PTO on May 28, 2014. The filing date of Opposer’s ’676 Registration is prior
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`to the filing date of the Application. True and correct copies of the specifics of the ’676 Registration
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`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 3 and made
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`of record.
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`12. Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,865,702
`
`(the “’702 Registration”) for the mark
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`® for “nutritional supplements in liquid form” in
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`International Class 5, and “non-alcoholic beverages, namely, carbonated soft drinks; carbonated
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`drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; carbonated
`
`energy drinks and sports drinks” in International Class 32, which registration issued December 8,
`
`2015 and is based on an application filed in the PTO on February 2, 2015. The filing date of Opposer’s
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`’702 Registration is prior to the filing date of the Application. True and correct copies of the specifics
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`- 10 -
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`of the ’702 Registration obtained from the PTO’s TESS and Assignment databases are attached hereto
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`as Exhibit 4 and made of record
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`13. Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,790,629
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`(the “’629 Registration”) for the mark
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` for “nutritional supplements in liquid form” in
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`International Class 5, “ready to drink tea, iced tea and tea based beverages; ready to drink flavored
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`tea, iced tea and tea based beverages” in International Class 30, and “non-alcoholic beverages,
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`namely, soft drinks, energy drinks, sports drinks and fruit juice drinks, all the foregoing enhanced
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`with vitamins, minerals, nutrients, proteins, amino acids and/or herbs” in International Class 32,
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`which registration issued August 11, 2015 and is based on an application filed in the PTO on February
`
`4, 2015. The filing date of Opposer’s ’629 Registration is prior to the filing date of the Application.
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`True and correct copies of the specifics of the ’629 Registration obtained from the PTO’s TESS and
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`Assignment databases are attached hereto as Exhibit 5 and made of record.
`
`14. Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,865,714
`
`(the “’714 Registration”) for the mark
`
`® for “nutritional supplements in liquid form with
`
`coffee as an ingredient” in International Class 5, “ready to drink coffee, iced coffee and coffee based
`
`beverages; ready to drink flavored coffee, iced coffee and coffee based beverages” in International
`
`Class 30, and “non-alcoholic beverages, namely, soft drinks with coffee as an ingredient; non-
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`alcoholic and non-carbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino
`
`acids and/or herbs with coffee as an ingredient; non-carbonated energy or sports drinks with coffee
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`- 11 -
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`as an ingredient” in International Class 32, which registration issued December 8, 2015 and is based
`
`on an application filed in the PTO on February 4, 2015. The filing date of Opposer’s ’714 Registration
`
`is prior to the filing date of the Application. True and correct copies of the specifics of the ’714
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`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit
`
`6 and made of record.
`
`15. Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,954,483
`
`(the “’483 Registration”) for the mark
`
`® for “nutritional supplements in liquid form” in
`
`International Class 5, and “non-alcoholic beverages, namely, soft drinks, carbonated soft drinks,
`
`energy drinks, sports drinks, and fruit juice drinks; energy drinks and sports drinks enhanced with one
`
`or more of vitamins, minerals, nutrients, amino acids and/or herbs” in International Class 32, which
`
`registration issued May 10, 2016 and is based on an application filed in the PTO on July 9, 2015. The
`
`filing date of Opposer’s ’483 Registration is prior to the filing date of the Application. True and correct
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`copies of the specifics of the ’483 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 7 and made of record.
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`16. The foregoing registrations are valid, subsisting, unrevoked and uncancelled; as such
`
`they constitute prima facie evidence of the validity of the registered marks and of the registrations
`
`thereof, and of Opposer’s ownership of the marks shown therein. Opposer’s registrations also
`
`constitute notice to Applicant of Opposer’s claim of ownership of the marks shown therein as
`
`provided in Sections 7(b), 22 and 33(a) of the Trademark Act.
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`17. Opposer’s Registration Nos. 3,434,821, 4,865,702, 4,790,629, 4,865,714, and
`
`4,954,483 are incontestable. As such, they constitute conclusive evidence of the validity of the
`
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`- 12 -
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` 
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`registered marks and of the registration of the marks, of Opposer’s ownership of its marks, and of
`
`Opposer’s exclusive right to use the registered marks in commerce as provided in Section 33 of the
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`Lanham Act, 15 U.S.C. § 1115.
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`18.
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`Since at least before the filing date of the Application, Opposer has continuously used
`
`and promoted the Claw Icon and related marks in interstate commerce in connection with its goods
`
`and services, including the goods and services identified in the foregoing registrations. In addition,
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`Opposer’s Claw Icon and related marks were well established and famous long before Applicant filed
`
`an application for the registration of Applicant’s Mark.
`
`19.
`
`Applicant seeks an unrestricted federal registration for Applicant’s Mark covering the
`
`services set forth in the Application in International Class 5. As such, if a registration issues for the
`
`Application, such registration will constitute prima facie evidence of the Applicant’s exclusive right
`
`to use the registered mark in commerce on or in connection with the listed services throughout the
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`United States with no limitation thereon.
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`20.
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`Opposer will be damaged by registration of the Application in that Applicant’s Mark
`
`so resembles Opposer’s Claw Icon and related marks, including as registered in the PTO and in which
`
`Opposer owns common law trademark rights, as to be likely, when used on or in connection with the
`
`goods as they are identified in the Application, as to cause confusion, or to cause mistake or to deceive
`
`within the meaning of Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d).
`
`21.
`
`In view of Opposer’s prior rights in its Claw Icon and related marks, Applicant is not
`
`entitled to federal registration of Applicant’s Mark pursuant to Section 2(d) of the Trademark Act, 15
`
`U.S.C. § 1052(d).
`
`22.
`
`Opposer also will be damaged by registration of Applicant’s Mark in that Applicant’s
`
`Mark will dilute the distinctive qualities of Opposer’s Claw Icon mark within the meaning of Section
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`
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`- 13 -
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`

`

` 
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`43(c) of the Trademark Act, 15 U.S.C. § 1125(c), and will lessen the ability of Opposer’s mark to
`
`distinguish Opposer’s goods and services.
`
`23.
`
`Applicant’s goods and the goods and services offered in connection with Opposer’s
`
`Claw Icon and related marks travel through the same channels of trade or are capable of traveling
`
`through the same channels of trade. Further, the Application contains no restrictions on the channels
`
`of trade for Applicant’s goods. In addition, Applicant’s goods are identical to goods offered for sale
`
`in connection with Opposer’s Claw Icon and related marks.
`
`24.
`
`In view of Opposer’s prior rights in its famous Claw Icon mark, Applicant is not
`
`entitled to federal registration of Applicant’s Mark pursuant to Section 43(c) of the Trademark Act,
`
`15 U.S.C. § 1125(c).
`
`
`
`WHEREFORE, Opposer respectfully prays that U.S. Trademark Application Serial No.
`
`90872993 be refused and stricken, that no registration be issued thereon to Applicant, and that this
`
`opposition be sustained in favor of Opposer.
`
`Please charge Deposit Account No. 11-1410 to cover the opposition fee and any additional
`
`fees which may be required or credit any overpayment to this account.
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`
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`
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`Dated: December 22, 2022
`
`
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`56721038
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`
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`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Jason A. Champion/
`
`Steven J. Nataupsky
` Matthew S. Bellinger
`
`Jason A. Champion
`
`2040 Main Street, Fourteenth Floor
`
`Irvine, CA 92614
`
`(949) 760-0404
`
`efiling@knobbe.com
`
`Attorneys for Opposer,
`MONSTER ENERGY COMPANY
`
`
`
`- 14 -
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`

`

`TTAB Opposition No.:________
`Monster Energy Company v. LifeLab Therapeutics, LLC
`
`EXHIBIT 1
`
`Notice of Opposition
`Serial No.: 90/872993
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. LifeLab Therapeutics, LLC
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
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` Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Thu Dec 22 04:07:22 EST 2022
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`
`Record 1 out of 1
`
` ( Use the "Back" button of the Internet Browser to return to TESS)
`
`Word Mark
`
`M
`
`Goods and
`Services
`
`IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements. FIRST USE: 20020327. FIRST
`USE IN COMMERCE: 20020418
`
`Mark Drawing
`Code
`
`Design Search
`Code
`
`Trademark
`Search Facility
`Classification
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`03.17.03 - Claws and talons of birds ; Feet of birds ; Talons of birds ; Tracks of bird feet
`
`LETS-1 M A single letter, multiples of a single letter or in combination with a design
`SHAPES-MISC Miscellaneous shaped designs
`
`Serial Number
`
`77274643
`
`Filing Date
`
`September 7, 2007
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`1A
`
`1A
`
`March 11, 2008
`
`3434821
`
`May 27, 2008
`
`(REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle
`Suite 201 Corona CALIFORNIA 92880
`
`(LAST LISTED OWNER) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1
`Monster Way Corona CALIFORNIA 92879
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:hgdznl.2.1[12/22/2022 9:07:13 AM]
`Exhibit 1 Page 1 of 4
`
`Notice of Opposition
`Serial No.: 90/872993
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. LifeLab Therapeutics, LLC
`Trademark Electronic Search System (TESS)
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`Description of
`Mark
`
`ASSIGNMENT RECORDED
`
`Jessica Sganga
`
`2903214;3134841
`
`Color is not claimed as a feature of the mark. The mark consists of the letter "m" in the form of a claw.
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170714.
`
`Renewal
`
`Live/Dead
`Indicator
`
`1ST RENEWAL 20170714
`
`LIVE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:hgdznl.2.1[12/22/2022 9:07:13 AM]
`Exhibit 1 Page 2 of 4
`
`Notice of Opposition
`Serial No.: 90/872993
`
`

`

`TTAB Opposition No.:________
`Monster Energy Company v. LifeLab Therapeutics, LLC
`USPTO Assignments on the Web
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Assignments on the Web > Trademark Query
`
`Trademark Assignment Abstract of Title
`
`Total Assignments: 1
`Serial #: 77274643
`
`Filing Dt: 09/07/2007
`
`Reg #: 3434821
`
`Reg. Dt: 05/27/2008
`
`Registrant: Hansen Beverage Company
`
`Mark: M
`Assignment: 1
`Reel/Frame: 4699/0063
`
` Recorded: 01/13/2012
`
`Pages: 10
`
`Conveyance: CHANGE OF NAME
`
`Assignor: HANSEN BEVERAGE COMPANY
`
`Assignee: MONSTER ENERGY COMPANY
`550 MONICA CIRCLE, SUITE 201
`
`CORONA, CALIFORNIA 92880
`
`Correspondent: DIANE M. REED
`2040 MAIN STREET, 14TH FLOOR
`
`I