ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1347147
`03/19/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`Monster Energy Company
`03/20/2024
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`SAVANNAH J. TORBORG
`KNOBBE MARTENS OLSON & BEAR LLP
`925 FOURTH AVENUE, SUITE 2500
`SEATTLE, WA 98104
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(206) 405-2000
`HANB.17706M
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97589205
`03/19/2024
`
`Publication date
`Opposition period
`ends
`
`11/21/2023
`03/20/2024
`
`NS Haas Inc.
`5514 SATSUMA AVENUE
`NORTH HOLLYWOOD, CA 91601
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 030. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Macaroni and cheese; coffee, tea, cocoa
`and substitutes therefor; rice, pasta and noodles; tapioca and sago; chocolate; ice cream, sorbets
`and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, pre-
`served herbs; vinegar, sauces; ice
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act Section 2(d)
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`
`2769364
`
`Application date
`
`12/18/2002
`
`

`

`no.
`Register
`Registration date
`
`Principal
`09/30/2003
`
`Word mark
`Design mark
`
`UNLEASH THE BEAST!
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Apr 16, 2002 First Use In Commerce: Apr 16,
`2002
`Fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs,[ aerated water,
`soda water and seltzer water ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`5820901
`
`Principal
`07/30/2019
`
`Word mark
`Design mark
`
`UNLEASH THE BEAST!
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Apr 16, 2002 First Use In Commerce: Apr 16,
`2002
`Nutritional supplements in liquid form
`Class 020. First use: First Use: Dec 2, 2017 First Use In Commerce: Dec 2,
`2017
`Furniture; chairs; gaming chair
`Class 043. First use: First Use: Feb 3, 2016 First Use In Commerce: Feb 3,
`2016
`Bar services; café services; mobile restaurant services; restaurant services;
`mobile café services for providing food and drink
`
`U.S. registration
`no.
`
`4334953
`
`Application date
`
`10/19/2012
`
`

`

`Register
`Registration date
`
`Principal
`05/14/2013
`
`Word mark
`Design mark
`
`BEAST
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Apr 1, 1996 First Use In Commerce: May 1,
`1996
`Dietary and nutritional supplements
`
`U.S. registration
`no.
`Register
`Registration date
`
`4336329
`
`Principal
`05/14/2013
`
`Word mark
`Design mark
`
`REHAB THE BEAST!
`
`Application date
`
`11/03/2010
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`Class 032. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`Non-alcoholic beverages, namely, 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.
`Register
`Registration date
`
`5628025
`
`Principal
`12/11/2018
`
`Word mark
`
`REHAB THE BEAST!
`
`Application date
`
`11/03/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 2, 2011 First Use In Commerce: Mar 2,
`2011
`nutritional energy supplements in liquid form; nutritional supplement beverages
`containing vitamins
`
`U.S. registration
`no.
`Register
`Registration date
`
`4542107
`
`Principal
`06/03/2014
`
`Word mark
`Design mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`[ Ready to drink coffee-based beverages; coffee-based shakes for boosting en-
`ergy; ] chocolate-based shakes for boosting energy; ready to drink chocolate-
`based beverages
`
`U.S. registration
`no.
`Register
`Registration date
`
`4482659
`
`Principal
`02/11/2014
`
`Word mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Nutritional supplements in liquid form; vitamin fortified beverages
`
`U.S. registration
`no.
`Register
`Registration date
`
`4482660
`
`Principal
`02/11/2014
`
`Word mark
`Design mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 029. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Dairy-based beverages; dairy-based energy shakes
`
`U.S. registration
`no.
`Register
`Registration date
`
`4546402
`
`Principal
`06/10/2014
`
`Word mark
`Design mark
`
`PUMP UP THE BEAST!
`
`Application date
`
`05/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 032. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Non-alcoholic beverages, namely, non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`4394044
`
`Application date
`
`12/14/2010
`
`Principal
`08/27/2013
`
`Foreign priority
`date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Jul 8, 2009 First Use In Commerce: Jul 8, 2009
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`carbonated energy or sports drinks
`
`5622925
`
`Application date
`
`12/14/2010
`
`Principal
`12/04/2018
`
`Foreign priority
`date
`UNLEASH THE NITRO BEAST!
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: Jul 8, 2009 First Use In Commerce: Jul 8, 2009
`Nutritional energy supplements in liquid form; nutritional supplement beverages
`containing vitamins
`
`U.S. registration
`no.
`Register
`
`4371544
`
`Principal
`
`Application date
`
`11/19/2012
`
`

`

`Registration date
`
`Word mark
`Design mark
`
`07/23/2013
`
`Foreign priority
`date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`Non-alcoholic beverages, namely, carbonated soft drinks; carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`carbonated energy drinks and sports drinks
`
`5633094
`
`Application date
`
`11/19/2012
`
`Principal
`12/18/2018
`
`Foreign priority
`date
`UNLEASH THE ULTRA BEAST!
`
`NONE
`
`NONE
`
`Class 005. First use: First Use: Aug 30, 2012 First Use In Commerce: Aug 30,
`2012
`Nutritional energy supplements in liquid form; nutritional supplement beverages
`containing vitamins
`
`U.S. registration
`no.
`Register
`Registration date
`
`5402465
`
`Principal
`02/13/2018
`
`Word mark
`
`HYDRATE THE BEAST!
`
`Application date
`
`06/16/2016
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`Goods/services
`
`U.S. registration
`no.
`Register
`Registration date
`
`Word mark
`Design mark
`
`Description of
`mark
`Goods/services
`
`Attachments
`
`NONE
`
`Class 032. First use: First Use: Mar 1, 2017 First Use In Commerce: Mar 1,
`2017
`Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, and
`flavored waters; drinking water, namely, water enhanced with vitamins, nutri-
`ents, proteins, and/or amino acids
`
`5783086
`
`Application date
`
`04/13/2018
`
`Principal
`06/18/2019
`
`Foreign priority
`date
`UNLEASH THE SALTY BEAST!
`
`NONE
`
`NONE
`
`Class 032. First use: First Use: Aug 2018 First Use In Commerce: Aug 2018
`Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, and
`fruit juice drinks
`
`78195777#TMSN.png( bytes )
`88264714#TMSN.png( bytes )
`85758767#TMSN.png( bytes )
`85976727#TMSN.png( bytes )
`85168304#TMSN.png( bytes )
`85933268#TMSN.png( bytes )
`85933255#TMSN.png( bytes )
`85933264#TMSN.png( bytes )
`85933272#TMSN.png( bytes )
`85977331#TMSN.png( bytes )
`85197756#TMSN.png( bytes )
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`85783034#TMSN.png( bytes )
`87074466#TMSN.png( bytes )
`87876963#TMSN.png( bytes )
`
`

`

`2024-03-19 Final Notice of Opposition - 97589205 - HANB.17706M.pdf(1127997
`bytes )
`NOP Exhibits 1-15 - HANB.17706M.pdf(1949903 bytes )
`
`Signature
`Name
`Date
`
`/Savannah J. Torborg/
`Savannah J. Torborg
`03/19/2024
`
`

`

`
`
`
`HANB.17706M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`
`Opposition No.: ___________
`
`
`Serial No.: 97/589205
`
`Mark: MULTIBEASTS
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`NS HAAS INC.,
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Dear Commissioner:
`
`
`
`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
`
`registration of U.S. Trademark Application Serial No. 97/589205 (the “Application”) for the mark
`
`MULTIBEASTS (“Applicant’s Mark”) filed by NS Haas Inc. (“Applicant”), and therefore opposes
`
`the same.
`
`
`
`As grounds for the opposition, it is alleged:
`
`1.
`
`By the Application filed on September 13, 2022, Applicant seeks to obtain a
`
`registration on the Principal Register for Applicant’s Mark in connection with “macaroni and cheese;
`
`coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; chocolate; ice
`
`cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings,
`
`- 1 -
`
`

`

`
`
`spices, preserved herbs; vinegar, sauces; ice” in International Class 30 based on an 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, marketing and sale of beverages and other products in
`
`connection with Opposer’s UNLEASH THE BEAST!® mark. For example, since at least 2002,
`
`Opposer has continuously used its UNLEASH THE BEAST!® mark on almost all of the containers
`
`of Opposer’s original MONSTER ENERGY® drink. Examples of Opposer’s use of its UNLEASH
`
`THE BEAST!® mark are shown below.
`
`
`
`
`
`3.
`
`Since at least 2003, Opposer has also continuously used its UNLEASH THE
`
`BEAST!® mark on almost all of the containers of its Lo-Carb Monster Energy® drinks and has also
`
`used the mark on additional lines of drinks since that time.
`
`4.
`
`In addition to Opposer’s use of its UNLEASH THE BEAST!® mark, Opposer has
`
`expanded its use to include other BEAST-inclusive marks. For purposes of this Opposition, the
`
`- 2 -
`
`

`

`
`
`following marks are referred to herein as the “BEAST Marks”: UNLEASH THE BEAST!®,
`
`BEAST®, PUMP UP THE BEAST!®, REHAB THE BEAST!®, HYDRATE THE BEAST!®,
`
`UNLEASH THE ULTRA BEAST!®, UNLEASH THE SALTY BEAST! ®, and UNLEASH THE
`
`NITRO BEAST!®.
`
`5.
`
`In connection with various beverages within Opposer’s MONSTER® line of drinks,
`
`Opposer first used its UNLEASH THE NITRO BEAST!® mark in 2009, first used its REHAB THE
`
`BEAST!® mark in 2011, first used its UNLEASH THE ULTRA BEAST!® mark in 2012, first used
`
`its PUMP UP THE BEAST!® mark in 2013, first used its HYDRATE THE BEAST!® mark in 2014,
`
`and first used its UNLEASH THE SALTY BEAST!® mark in 2018.
`
`6.
`
`Opposer has and continues to widely market and promote its BEAST Marks in the
`
`industry and to consumers by, for example, displaying one or more of the BEAST Marks extensively
`
`on billions of cans of beverages; 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; through the
`
`sponsorship of athletes, teams, and sporting events; and at trade shows, concert tours, and other live
`
`events. Some examples of Monster’s marketing and promotion of its BEAST Marks are shown
`
`below.
`
`
`
`
`
`
`
`- 3 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`- 4 -
`
`

`

`
`
`
`
`
`
`7.
`
`Since at least before the filing date of the Application, products bearing the BEAST
`
`Marks have been sold or distributed at hundreds of thousands of locations throughout the United
`
`States, including where food and other beverages are sold, such as convenience stores, grocery
`
`stores, mass retailers (Walmart, Costco, etc.), drug stores, gyms, restaurants, bars, sports venues,
`
`- 5 -
`
`

`

`
`
`theme parks, and cinemas. Opposer also uses its UNLEASH THE BEAST!® mark in connection
`
`with restaurant services.
`
`8.
`
`By virtue of Opposer’s continuous and substantial use, Opposer’s BEAST Marks have
`
`developed into well-known identifiers of Opposer and its goods and services since long before the
`
`filing date of the Application. As a result, Opposer has built up, at great expense and effort, valuable
`
`goodwill in its BEAST Marks and has developed strong common law rights in the marks. Opposer
`
`relies on and asserts its common law rights in its BEAST Marks, which rights predate the filing
`
`date of the Application.
`
`9.
`
`In addition to its common law rights, Opposer owns and relies on the following
`
`registrations:
`
`Registration
`No.
`2,769,364
`
`UNLEASH THE
`BEAST!
`
`Mark
`
`Goods/Services
`
`5,820,901
`
`UNLEASH THE
`BEAST!
`
`4,334,953
`
`BEAST
`
`First Use
`Date
`4/16/2002
`
`Filing Date Registration
`Date
`9/30/2003
`
`12/18/2002
`
`1/16/2019
`
`7/30/2019
`
`Cl. 5
`4/16/2002
`
`Cl. 20
`12/2/2017
`
`Cl. 43
`2/3/2016
`
`4/1/1996
`
`10/19/2012
`
`5/14/2013
`
`Cl. 32: fruit juice drinks,
`soft drinks, carbonated
`soft drinks and soft
`drinks enhanced with
`vitamins, minerals,
`nutrients, amino acids
`and/or herbs
`
`Cl. 5: nutritional
`supplements in liquid
`form
`
`Cl. 20: furniture; chairs;
`gaming chair
`
`Cl. 43: bar services; café
`services; mobile
`restaurant services;
`restaurant services;
`mobile café services for
`providing food and
`drink
`Cl. 5: dietary and
`nutritional supplements
`
`- 6 -
`
`

`

`
`
`Registration
`No.
`4,336,329
`
`Mark
`
`Goods/Services
`
`REHAB THE
`BEAST!
`
`5,628,025
`
`REHAB THE
`BEAST!
`
`4,542,107
`
`PUMP UP THE
`BEAST!
`
`4,482,659
`
`PUMP UP THE
`BEAST!
`
`4,482,660
`
`PUMP UP THE
`BEAST!
`
`4,546,402
`
`PUMP UP THE
`BEAST!
`
`First Use
`Date
`All Classes
`3/2/2011
`
`Filing Date Registration
`Date
`5/14/2013
`
`11/3/2010
`
`3/2/2011
`
`11/3/2010
`
`12/11/2018
`
`3/18/2013
`
`5/15/2013
`
`6/3/2014
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`2/11/2014
`
`3/18/2013
`
`5/15/2013
`
`6/10/2014
`
`Cl. 30: ready to drink
`tea, iced tea and tea
`based beverages; ready
`to drink flavored tea,
`iced tea and tea based
`beverages
`
`Cl. 32: non-alcoholic
`beverages, namely,
`energy drinks, sports
`drinks and fruit juice
`drinks; all the foregoing
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs
`Cl. 5: nutritional energy
`supplements in liquid
`form; nutritional
`supplement beverages
`containing vitamins
`Cl. 30: chocolate-based
`shakes for boosting
`energy; ready to drink
`chocolate-based
`beverages
`Cl. 5: nutritional
`supplements in liquid
`form; vitamin fortified
`beverages
`Cl. 29: dairy-based
`beverages; dairy-based
`energy shakes
`Cl. 32: non-alcoholic
`beverages, namely, non-
`alcoholic and non-
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; non-
`carbonated energy or
`sports drinks
`
`- 7 -
`
`

`

`
`
`Registration
`No.
`4,394,044
`
`Mark
`
`Goods/Services
`
`UNLEASH THE
`NITRO BEAST!
`
`First Use
`Date
`7/8/2009
`
`Filing Date Registration
`Date
`8/27/2013
`
`12/14/2010
`
`7/8/2009
`
`12/14/2010
`
`12/4/2018
`
`8/30/2012
`
`11/19/2012
`
`7/23/2013
`
`8/30/2012
`
`11/19/2012
`
`12/18/2018
`
`3/1/2017
`
`6/16/2016
`
`2/13/2018
`
`8/2018
`
`4/13/2018
`
`6/18/2019
`
`Cl. 32: non-alcoholic
`beverages, namely,
`carbonated soft drinks;
`carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy or sports drinks
`Cl. 5: nutritional energy
`supplements in liquid
`form; nutritional
`supplement beverages
`containing vitamins
`Cl. 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 energy
`supplements in liquid
`form; nutritional
`supplement beverages
`containing vitamins
`Cl. 32: non-alcoholic
`beverages, namely,
`energy drinks, soft
`drinks, sports drinks,
`and flavored waters;
`drinking water, namely,
`water enhanced with
`vitamins, nutrients,
`proteins, and/or amino
`acids
`Cl. 32: non-alcoholic
`beverages, namely,
`energy drinks, soft
`drinks, sports drinks,
`and fruit juice drinks
`
`5,622,925
`
`UNLEASH THE
`NITRO BEAST!
`
`4,371,544
`
`UNLEASH THE
`ULTRA BEAST!
`
`5,633,094
`
`UNLEASH THE
`ULTRA BEAST!
`
`5,402,465
`
`HYDRATE THE
`BEAST!
`
`5,783,086
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`UNLEASH THE
`SALTY BEAST!
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`10.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`2,769,364 (the “’364 Registration”) for the mark UNLEASH THE BEAST! for “fruit juice drinks,
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`soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients,
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`amino acids and/or herbs” in International Class 32, which registration issued September 30, 2003
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`and is based on an application filed in the Patent and Trademark Office (“PTO”) on December 18,
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`2002. The filing date of Opposer’s ’364 Registration is prior to the filing date of the Application.
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`True and correct copies of the specifics of Opposer’s ’364 Registration obtained from the PTO’s
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`TSDR database are attached hereto as Exhibit 1 and made of record.
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`11.
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`Opposer owns and relies on U.S. Trademark Registration No. 5,820,901 (the “’901
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`Registration”) for the mark UNLEASH THE BEAST! for “nutritional supplements in liquid form” in
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`International Class 5, “furniture; chairs; gaming chair” in International Class 20, and “bar services;
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`café services; mobile restaurant services; restaurant services; mobile café services for providing food
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`and drink” in International Class 43, which registration issued July 30, 2019 and is based on an
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`application filed in the PTO on January 16, 2019. The filing date of Opposer’s ’901 Registration is
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`prior to the filing date of the Application. True and correct copies of the specifics of Opposer’s ’901
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`Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 2 and made of
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`record.
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`12.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,334,953
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`(the “’953 Registration”) for the mark BEAST for “dietary and nutritional supplements” in
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`International Class 5, which registration issued May 14, 2013 and is based on an application filed in
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`the PTO on October 19, 2012. The filing date of Opposer’s ’953 Registration is prior to the filing
`
`date of the Application. True and correct copies of Opposer’s ’953 Registration obtained from the
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`PTO’s TSDR database are attached hereto as Exhibit 3 and made of record.
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`13.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`4,336,329 (the “’329 Registration”) for the mark REHAB THE BEAST! for “ready to drink tea,
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`iced tea and tea based beverages; ready to drink flavored tea, iced tea and tea based beverages” in
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`International Class 30, and “non-alcoholic beverages, namely, energy drinks, sports drinks and
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`fruit juice drinks; all the foregoing enhanced with vitamins, minerals, nutrients, proteins, amino
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`acids and/or herbs” in International Class 32, which registration issued May 14, 2013 and is based
`
`on an application filed in the PTO on November 3, 2010. The filing date of Opposer’s ’329
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`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of Opposer’s ’329 Registration obtained from the PTO’s TSDR database are attached hereto as
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`Exhibit 4 and made of record.
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`14.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,628,025 (the “’025
`
`Registration”) for the mark REHAB THE BEAST! for “nutritional energy supplements in liquid
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`form; nutritional supplement beverages containing vitamins” in International Class 5, which
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`registration issued December 11, 2018 and is based on an application filed in the PTO on November
`
`3, 2010. The filing date of Opposer’s ’025 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of Opposer’s ’025 Registration obtained from the PTO’s
`
`TSDR database are attached hereto as Exhibit 5 and made of record.
`
`15.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`4,542,107 (the “’107 Registration”) for the mark PUMP UP THE BEAST! for “chocolate-based
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`shakes for boosting energy; ready to drink chocolate-based beverages” in International Class 30,
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`which registration issued June 3, 2014 and is based on an application filed in the PTO on May 15,
`
`2013. The filing date of Opposer’s ’107 Registration is prior to the filing date of the Application.
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`True and correct copies of the specifics of the ’107 Registration obtained from the PTO’s TSDR
`
`Assignment database are attached hereto as Exhibit 6 and made of record.
`
`16.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`4,482,659 (the “’659 Registration”) for the mark PUMP UP THE BEAST! for “nutritional
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`supplements in liquid form; vitamin fortified beverages” in International Class 5, which registration
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`issued February 11, 2014 and is based on an application filed in the PTO on May 15, 2013. The
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`filing date of Opposer’s ’659 Registration is prior to the filing date of the Application. True and
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`correct copies of the specifics of Opposer’s ’659 Registration obtained from the PTO’s TSDR
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`database are attached hereto as Exhibit 7 and made of record.
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`17.
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`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`4,482,660 (the “’660 Registration”) for the mark PUMP UP THE BEAST! for “dairy-based
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`beverages; dairy-based energy shakes” in International Class 29, which registration issued
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`February 11, 2014 and is based on an application filed in the PTO on May 15, 2013. The filing
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`date of Opposer’s ’660 Registration is prior to the filing date of the Application. True and correct
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`copies of the specifics of the ’660 Registration obtained from the PTO’s TSDR database are
`
`attached hereto as Exhibit 8 and made of record.
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`18.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,546,402 (the “’402 Registration”) for the mark PUMP UP THE BEAST! for “non-alcoholic
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`beverages, namely, non-alcoholic and non-carbonated drinks enhanced with vitamins, minerals,
`
`nutrients, proteins, amino acids and/or herbs; non-carbonated energy or sports drinks” in
`
`International Class 32, which registration issued June 10, 2014 and is based on an application filed
`
`in the PTO on May 15, 2013. The filing date of Opposer’s ’402 Registration is prior to the filing
`
`date of the Application. True and correct copies of the specifics of Opposer’s ’402 Registration
`
`obtained from the PTO’s TSDR database are attached hereto as Exhibit 9 and made of record.
`
`19.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,394,044 (the “’044 Registration”) for the mark UNLEASH THE NITRO BEAST! for “non-
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`alcoholic beverages, namely, carbonated soft drinks; carbonated drinks enhanced with vitamins,
`
`minerals, nutrients, proteins, amino acids and/or herbs; carbonated energy or sports drinks” in
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`International Class 32, which registration issued August 27, 2013 and is based on an application
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`filed in the PTO on December 14, 2010. The filing date of Opposer’s ’044 Registration is prior to
`
`the filing date of the Application. True and correct copies of the specifics of Opposer’s ’044
`
`Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 10 and made
`
`of record.
`
`20.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,622,925 (the “’925
`
`Registration”) for the mark UNLEASH THE NITRO BEAST! for “nutritional energy supplements
`
`in liquid form; nutritional supplement beverages containing vitamins” in International Class 5,
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`which registration issued December 4, 2018 and is based on an application filed in the PTO on
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`December 14, 2010. The filing date of Opposer’s ’925 Registration is prior to the filing date of the
`
`Application. True and correct copies of the specifics of Opposer’s ’925 Registration obtained from
`
`the PTO’s TSDR database are attached hereto as Exhibit 11 and made of record.
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`21.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
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`4,371,544 (the “’544 Registration”) for the mark UNLEASH THE ULTRA BEAST! for “non-
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`alcoholic beverages, namely, carbonated soft drinks; carbonated drinks enhanced with vitamins,
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`minerals, nutrients, proteins, amino acids and/or herbs; carbonated energy drinks and sports
`
`drinks” in International Class 32, which registration issued July 23, 2013 and is based on an
`
`application filed in the PTO on November 19, 2012. The filing date of Opposer’s ’544 Registration
`
`is prior to the filing date of the Application. True and correct copies of the specifics of Opposer’s
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`’544 Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 12 and
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`made of record.
`
`22.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,633,094 (the “’094
`
`Registration”) for the mark UNLEASH THE ULTRA BEAST! for “nutritional energy
`
`supplements in liquid form; nutritional supplement beverages containing vitamins” in International
`
`Class 5, which registration issued December 18, 2018 and is based on an application filed in the
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`PTO on November 19, 2012. The filing date of Opposer’s ’094 Registration is prior to the filing
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`date of the Application. True and correct copies of the specifics of the ’094 Registration obtained
`
`from the PTO’s TSDR database are attached hereto as Exhibit 13 and made of record.
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`23.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,402,465 (the “’465
`
`Registration”) for the mark HYDRATE THE BEAST! for “non-alcoholic beverages, namely,
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`energy drinks, soft drinks, sports drinks, and flavored waters; drinking water, namely, water
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`enhanced with vitamins, nutrients, proteins, and/or amino acids” in International Class 32, which
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`registration issued February 13, 2018 and is based on an application filed in the PTO on June 16,
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`2016. The filing date of Opposer’s ’465 Registration is before the filing date of the Application.
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`True and correct copies of the specifics of Opposer’s ’465 Registration obtained from the PTO’s
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`TSDR database are attached hereto as Exhibit 14 and made of record.
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`24.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,783,086 (the “’086
`
`Registration”) for the mark UNLEASH THE SALTY BEAST! for “non-alcoholic beverages,
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`namely, energy drinks, soft drinks, sports drinks, and fruit juice drinks” in International Class 32,
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`which registration issued June 18, 2019 and is based on an application filed in the PTO on April 13,
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`2018. The filing date of Opposer’s ’086 Registration is prior to the filing date of the Application.
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`True and correct copies of the specifics of Opposer’s ’086 Registration obtained from the PTO’s
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`TSDR database are attached hereto as Exhibit 15 and made of record.
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`25.
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`The foregoing registrations are valid, subsisting, unrevoked and uncancelled; as such
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`they constitute prima facie evidence of the validity of the registered marks and of the registrations
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`thereof, and of Opposer’s ownership of the marks shown therein. Opposer’s registrations also
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`constitute notice to Applicant of Opposer’s claim of ownership of the marks shown therein as
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`provided in Sections 7(b), 22, and 33(a) of the Trademark Act.
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`26.
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`Opposer’s Registration Nos. 2,769,364, 4,334,953, 4,336,329, 4,542,107,
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`4,482,659, 4,482,660, 4,546,402, 4,394,044, and 4,371,544 are incontestable. As such, these
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`registrations constitute conclusive evidence of the validity of the registered marks and of the
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`registration of the marks, of Opposer’s ownership of its marks, and of Opposer’s exclusive right
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`to use the registered marks in commerce as provided in Section 33 of the Lanham Act, 15 U.S.C. §
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`1115.
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`27.
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`Since at least before the filing date of the Application, Opposer has continuously used
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`and promoted its BEAST Marks, including the marks and Registrations listed above, in interstate
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`commerce in connection with its goods and services, including the goods and services identified in
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`such Registrations. In addition, at least Opposer’s UNLEASH THE BEAST!® mark was well
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`established and famous long before the filing date of Applicant’s Application.
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`28.
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`Applicant’s Goods and the goods and services offered in connection with Opposer’s
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`BEAST Marks travel through the same channels of trade. For example, Opposer’s goods are sold in
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`convenience stores, grocery stores, mass retailers (such as Walmart, Costco, etc.), and drug stores,
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`which are locations where food is also sold. Further, the Application contains no restrictions on the
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`channels of trade for Applicant’s Goods. In addition, Applicant’s Goods are identical and/or highly
`
`related to the goods and services offered for sale in connection with Opposer’s BEAST Marks. For
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`example, the parties’ goods are consumable goods. Applicant’s Goods also include beverages (i.e.
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`coffee and tea) that are highly related or identical to Opposer’s beverages.
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`29.
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`Since at least before the filing date of the Application, Opposer’s BEAST Marks have
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`been used and advertised in such a manner so that the public associates the prominent and distinctive
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`BEAST element of the marks as an indicator of source of Opposer’s goods and services. Applicant’s
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`Mark incorporates this same distinctive element, and uses it in a similar manner as Opposer’s BEAST
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`Marks.
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`30.
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`Applicant seeks an unrestricted federal registration for Applicant’s Mark covering the
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`goods set forth in the Application in Class 30. As such, if a registration issues for the Application,
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`such registration will constitute prima facie evidence of the Applicant’s exclusive right to use the
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`registered mark in commerce on or in connection with the listed goods throughout the United
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`States with no limitation thereon.
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`31.
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`Opposer will be damaged by the registration of the Application in that Applicant’s
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`Mark so resembles Opposer’s BEAST Marks identified above, including as registered in the PTO,
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`and in which Opposer owns common law trademark rights, as to be likely, when used on or in
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`connection with the goods as they are identified in the Application, as to cause confusion, or to cause
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`mistake or to deceive within the meaning of Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d).
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`32.
`
`In view of Opposer’s prior rights in its BEAST Marks, Applicant is not entitled to
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`federal registration of Applicant’s Mark pursuant to Section 2(d) of the Trademark Act, 15 U.S.C.
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`§ 1052(d).
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`
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`WHEREFORE, Opposer prays that U.S. Trademark Application Serial No. 97/589205 be
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`rejected and stricken, that no registration be issued thereon to Applicant, and that this opposition
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`be sustained in favor of Opposer.
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`Please charge Deposit Account No. 11-1410 to cover the opposition fee and any additional
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`fees which may be required, or credit any overpaym