ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1367542
`06/26/2024
`
`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
`
`Monster Energy Company
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`06/26/2024
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`CHRISTY GOUDAMANIS
`KNOBBE MARTENS OLSON & BEAR LLP
`3579 VALLEY CENTRE DRIVE, SUITE 300
`SAN DIEGO, CA 92130
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(858) 707-4000
`
`Docket no.
`
`HANB.18013M
`
`Applicant information
`
`Application no.
`
`97906728
`
`Opposition filing
`date
`
`Applicant
`
`06/26/2024
`
`Zug Monster LLC
`302 N TOWNSEND ST
`SANTA ANA, CA 92703
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`02/27/2024
`
`Opposition period
`ends
`
`06/26/2024
`
`Class 035. First Use: Jan 1, 2015 First Use In Commerce: Jan 1, 2015
`All goods and services in the class are opposed, namely: Online retail store services featuring cus-
`tom stickers, labels, pins, keychains, magnets, coasters, heat transfers, t-shirts, paper products
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`6760278
`
`Application date
`
`08/26/2021
`
`

`

`Register
`
`Principal
`
`Registration date
`
`06/14/2022
`
`Word mark
`
`Design mark
`
`MONSTER
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Energy drinks; Fruit drinks; Soft drinks; Sports drinks
`
`U.S. registration
`no.
`
`6451182
`
`Register
`
`Principal
`
`Registration date
`
`08/17/2021
`
`Application date
`
`12/13/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER
`
`The mark consists of the stylized term "MONSTER" with a slash mark through
`the letter "O".
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and
`fruit juice drinks
`
`U.S. registration
`no.
`
`4721433
`
`Register
`
`Principal
`
`Registration date
`
`04/14/2015
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`03/12/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Jan 4, 2003 First Use In Commerce: Jan 4, 2003
`Promoting goods and services in the sports, motorsports, electronic sports, and
`music industries through the distribution of printed, audio and visual promotional
`materials; promoting sports and music events and competitions for others
`
`U.S. registration
`no.
`
`5820689
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Word mark
`
`MONSTER ENERGY
`
`Application date
`
`01/15/2019
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports; downloadable software for mobile devices for playing games; download-
`able electronic game software for use on mobile devices; downloadable game
`software; downloadable interactive game programs; downloadable video game
`software and programs
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`Beverageware; insulated beverage containers for domestic use; bottles, sold
`empty; drinking bottles for sports; water bottles sold empty; bottle openers
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; lanyards for holding whistles, keys, badges, identification cards, event
`passes, media passes, photographs, recording equipment, or similar conveni-
`ences; tents
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, Tops, shirts, t-shirts, sweat shirts, jackets, bottoms, pants,
`bandanas, sweat bands, gloves; headwear; hats; beanies
`Class 028. First use: First Use: Dec 8, 2011 First Use In Commerce: Dec 8,
`2011
`Toy cars; remote control toys, namely, cars; cornhole game sets; cornhole game
`boards; cornhole bags; surf boards; skate boards; snowboards; golf bags
`
`U.S. registration
`no.
`
`5661940
`
`Register
`
`Principal
`
`Registration date
`
`01/22/2019
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`10/19/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers; sticker kits comprising stickers and decals; decals; posters; calendars;
`money clips; blackboards; temporary tattoo transfers; pens; writing utensils; ad-
`vertising signs of cardboard and paper
`
`U.S. registration
`no.
`
`3908600
`
`Register
`
`Principal
`
`Application date
`
`04/02/2009
`
`Registration date
`
`01/18/2011
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`date
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers; sticker kits comprising stickers and decals; decals
`
`U.S. registration
`no.
`
`3908601
`
`Register
`
`Principal
`
`Registration date
`
`01/18/2011
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: Jun 30,
`2002
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat shirts,
`jackets, pants, bandanas, sweat bands and gloves; headgear, namely, hats and
`beanies
`
`U.S. registration
`no.
`
`5570782
`
`Register
`
`Principal
`
`Registration date
`
`09/25/2018
`
`Word mark
`
`Design mark
`
`M MONSTER ENERGY
`
`Application date
`
`05/17/2018
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" in the form of a claw displayed in green
`above the stylized word "MONSTER" which appears in the color white with a sil-
`ver outline, which is above the word "ENERGY" which appears in the color
`green, all on a black background.
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports
`Class 014. First use: First Use: Jun 30, 2010 First Use In Commerce: Jun 30,
`2010
`Watches
`Class 016. First use: First Use: Jan 2004 First Use In Commerce: Jan 2004
`Stickers, sticker kits comprising stickers and decals; decals; posters; calendars
`Class 018. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`All-purpose sport bags; all-purpose carrying bags; backpacks; duffel bags
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts; sweat shirts,
`jackets, pants, bandanas, sweat bands, gloves and motorcycle gloves;
`headgear, namely, hats and beanies
`
`U.S. registration
`no.
`
`6557648
`
`Register
`
`Principal
`
`Registration date
`
`11/16/2021
`
`Word mark
`
`Design mark
`
`#MONSTERGAMING
`
`Application date
`
`02/15/2018
`
`Foreign priority
`date
`
`08/16/2017
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Nov 2, 2009 First Use In Commerce: Nov 2,
`2009
`Services of advertising; providing consumer information about electronic video
`games; on-line advertising on a computer network
`Class 041. First use: First Use: Nov 2, 2009 First Use In Commerce: Nov 2,
`2009
`Providing a website featuring entertainment information, news, videos, opinions,
`commentary, and images in the field of athletes, sports, e-sports, video games
`and sporting events; providing entertainment information about electronic video
`games
`
`U.S. registration
`no.
`
`4036681
`
`Register
`
`Principal
`
`Registration date
`
`10/11/2011
`
`Word mark
`
`MONSTER ENERGY
`
`Application date
`
`09/11/2007
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`5551192
`
`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Application date
`
`11/16/2015
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ARMY
`
`NONE
`
`Class 025. First use: First Use: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`Providing a web site featuring entertainment information and news on athletes;
`organizing and conducting educational programs and activities in the nature of
`classes, workshops, and sports competitions for athletes in the field of athlete
`development; athlete development program, namely, athlete training and ment-
`oring in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. registration
`no.
`
`3959457
`
`Register
`
`Principal
`
`Registration date
`
`05/10/2011
`
`Word mark
`
`Design mark
`
`JAVA MONSTER
`
`Application date
`
`12/08/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`Beverages, namely, soft drinks; non-carbonated energy drinks; non-carbonated
`sports drinks; soft drinks and non-carbonated energy drinks, all enhanced with
`vitamins, minerals, nutrients, amino acids, and/or herbs, but excluding perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. registration
`no.
`
`5826919
`
`Register
`
`Principal
`
`Application date
`
`01/16/2019
`
`

`

`Registration date
`
`08/06/2019
`
`Word mark
`
`Design mark
`
`JAVA MONSTER
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`NONE
`
`Class 009. First use: First Use: Jul 15, 2013 First Use In Commerce: Jul 15,
`2013
`Cameras; headphones; sunglasses; eyewear; cases for sunglasses and eye-
`wear
`Class 018. First use: First Use: Oct 17, 2018 First Use In Commerce: Oct 17,
`2018
`Sports bags; gym bags; athletic bags; traveling bags; all-purpose carrying bags;
`backpacks
`Class 021. First use: First Use: Mar 20, 2018 First Use In Commerce: Mar 20,
`2018
`Beverageware; insulated beverage containers for domestic use; heat-insulated
`containers for beverages
`Class 025. First use: First Use: Mar 29, 2012 First Use In Commerce: Mar 29,
`2012
`Tops being clothing; shirts; t-shirts; sweat shirts; jackets
`
`90903651#TMSN.png( bytes )
`87719840#TMSN.png( bytes )
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`77705747#TMSN.png( bytes )
`77705822#TMSN.png( bytes )
`87926415#TMSN.png( bytes )
`87798827#TMSN.png( bytes )
`77276989#TMSN.png( bytes )
`86822049#TMSN.png( bytes )
`78769836#TMSN.png( bytes )
`88264709#TMSN.png( bytes )
`2024-06-26 Final Notice of Opposition - 97906728 - HANB.18013M.pdf(802811
`bytes )
`NOP Exhibits 1-13 - HANB.18013M.pdf(3864135 bytes )
`
`Signature
`
`/Christy Goudamanis/
`
`Name
`
`Date
`
`Christy Goudamanis
`
`06/26/2024
`
`

`

`
`
`HANB.18013M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.: ___________
`
`Serial No.: 97/906728
`
`Mark: ZUG MONSTER
`
`
`
`
`
`) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`ZUG MONSTER LLC,
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Monster Energy Company, a Delaware corporation, located and doing business at 1
`
`Monster Way, Corona, California 92879, (“Opposer”) believes that it will be damaged by the
`
`registration of U.S. Trademark Application Serial No. 97/906728 (the “Application”) for the mark
`
`ZUG MONSTER (“Applicant’s Mark”) filed by Applicant Zug Monster LLC, and therefore
`
`opposes the same.
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on April 25, 2023, Applicant seeks to obtain a registration on
`
`the Principal Register for Applicant’s Mark in connection with “Online retail store services featuring
`
`custom stickers, labels, pins, keychains, magnets, coasters, heat transfers, t-shirts, paper products”
`
`in International Class 35 (hereinafter, “Applicant’s Services”) based on Applicant’s alleged first
`
`use in commerce of Applicant’s Mark since January 1, 2015.
`
`- 1 -
`
`

`

`
`
`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has been,
`
`and still is, engaged in the development, marketing, distribution, and/or sale of beverages,
`
`beverageware, vehicles, vehicle accessories, helmets, stickers and decals, kitchen and bar
`
`accessories, refrigerators, coolers, clothing and clothing accessories, jewelry, keychains, pins,
`
`watches, eyewear, furniture, tents, towels, blankets, backpacks, bags, travel items, tools and tool
`
`boxes, speakers and musical instruments, personal electronics, RC and diecast cars, games and
`
`gaming equipment, sports and exercise equipment, as well as providing bar and restaurant,
`
`advertising, sponsorship, entertainment, and promotional services under the marks MONSTER®
`
`and MONSTER ENERGY®.
`
`3.
`
`After the successful launch of the MONSTER brand in 2002, Opposer expanded its
`
`use to include additional marks that also contained the term “MONSTER.” For purposes of this
`
`Opposition, the following marks are referred to collectively as the “MONSTER Marks”:
`
`MONSTER®,
`
`®, MONSTER ENERGY®, #MONSTERGAMING®, JAVA
`
`MONSTER®, #MONSTERGAMING®, MONSTER ARMY®,
`
`®, and
`
`®.
`
`4.
`
`By virtue of Opposer’s longstanding and substantial use, the MONSTER Marks
`
`have become famous identifiers of Opposer such that consumers have come to recognize a family
`
`of MONSTER Marks with which Opposer markets and sells its goods and services. Opposer’s
`
`family of MONSTER Marks consists of the MONSTER-inclusive marks identified above, all of
`
`which share a common and recognizable characteristic in that they include the distinctive term
`
`“MONSTER.” Prior to the Application’s filing date and Applicant’s alleged first use in commerce
`
`of Applicant’s Mark, Opposer repeatedly used and advertised the MONSTER Marks in such a
`
`manner as to create common exposure and recognition of its MONSTER brand and family of
`- 2 -
`
`
`
`

`

`
`
`MONSTER Marks among the purchasing public. For example, since long before the Application’s
`
`filing date and Applicant’s alleged first use in commerce of Applicant’s Mark, consumers have
`
`encountered multiple of Opposer’s MONSTER Marks together both at the point of purchase and
`
`in Opposer’s promotional materials such that consumers have come to associate product names
`
`that include the term “MONSTER” with Opposer. Consumers also identify and refer to Opposer
`
`by the business name “MONSTER” as a result of Opposer’s extensive use of its family of
`
`MONSTER Marks over many years.
`
`5.
`
`Since 2002, long before the filing date of the Application and the alleged date of first
`
`use in interstate commerce of Applicant’s Mark, Opposer has used and continues to use its well-
`
`known and famous MONSTER Marks extensively in connection with stickers, decals, graphic kits,
`
`keychains, toys, games, sunglasses, notebooks, posters, videogames, beverageware, mugs, lapel pins,
`
`clothing, gloves, headwear, as well as many other goods and services. Examples of Opposer’s
`
`products bearing Opposer’s MONSTER Marks are shown below:
`
`
`
`
`
`
`
`- 3 -
`
`

`

`
`
`
`
`
`
`MUNSTER
`
`
`
`DhLabettae
`
`pric MEANT al i
`A\e
`
`
`
` DAILYTRAININGLOGN
`
`MUNSTER
`
`
`
`
`
`ee kel
`
`EE
`
`- 4 -
`
`

`

`
`
`
`
`Nik in babies
`
`
`
`
`
`- 5 -
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`6.
`
`In addition, since long before the Application’s filing date and Applicant’s alleged
`
`first use in commerce of Applicant’s Mark, Opposer has and continues to widely market and
`
`promote its family of MONSTER Marks in the industry and to consumers by, for example:
`
`displaying the MONSTER Marks extensively on billions of cans of beverages; 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, the monsterarmy.com website
`
`and other Internet websites and social media sites; and at trade shows, concerts, and other live
`
`events. Opposer has spent over $11.2 billion dollars marketing and promoting its MONSTER
`
`brand, including the MONSTER Marks.
`
`7.
`
`Opposer has built up, at great expense and effort, valuable goodwill in its family of
`
`MONSTER Marks and has developed strong common law rights in the marks. Opposer’s common
`
`law rights in its MONSTER Marks predate the Application’s filing date and Applicant’s alleged
`
`first use in commerce of Applicant’s Mark, and Opposer relies on and asserts these common law
`
`trademark rights in this Opposition.
`
`8.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`
`
`- 6 -
`
`

`

`First Use In
`Commerce
`Date
`4/18/2002
`
`Filing Date Reg. Date
`
`8/26/2021
`
`6/14/2022
`
`4/18/2002
`
`12/13/2017
`
`8/17/2021
`
`1/4/2003
`
`3/12/2014
`
`4/14/2015
`
`1/15/2019
`
`7/30/2019
`
`Cl. 9
`6/30/2002
`
`Cl. 21
`1/2005
`
`Cl. 22
`12/20/2006
`
`Cl. 24
`7/2003
`
`Cl. 25
`5/24/2002
`
`Cl. 28
`12/8/2011
`
`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`6,760,278
`
`MONSTER®
`
`6,451,182
`
`®
`
`4,721,433
`
`MONSTER
`ENERGY®
`
`5,820,689
`
`MONSTER
`ENERGY®
`
`
`
`Cl. 32 energy drinks;
`fruit drinks; soft drinks;
`sports drinks
`Cl. 32 non-alcoholic
`beverages, namely, soft
`drinks, energy drinks,
`sports drinks, and fruit
`juice drinks
`Cl. 35 promoting goods
`and services in the
`sports, motorsports,
`electronic sports, and
`music industries
`through the distribution
`of printed, audio and
`visual promotional
`materials; promoting
`sports and music events
`and competitions for
`others
`Cl. 9 sport helmets;
`video recordings
`featuring sports,
`extreme sports and
`motor sports;
`downloadable software
`for mobile devices for
`playing games;
`downloadable
`electronic game
`software for use on
`mobile devices;
`downloadable game
`software; downloadable
`interactive game
`programs;
`downloadable video
`game software and
`programs
`
`Cl. 21 beverageware;
`insulated beverage
`containers for domestic
`use; bottles, sold
`empty; drinking bottles
`for sports; water bottles
`sold empty; bottle
`openers
`
`- 7 -
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`Filing Date Reg. Date
`
`First Use In
`Commerce
`Date
`
`
`Cl. 22 lanyards;
`lanyards for holding
`whistles, keys, badges,
`identification cards,
`event passes, media
`passes, photographs,
`recording equipment, or
`similar conveniences;
`tents
`
`Cl. 24 towels; blankets
`for outdoor use
`
`Cl. 25 clothing,
`namely, tops, shirts, t-
`shirts, sweat shirts,
`jackets, bottoms, pants,
`bandanas, sweat bands,
`gloves; headwear; hats;
`beanies
`
`Cl. 28 toy cars; remote
`control toys, namely,
`cars; cornhole game
`sets; cornhole game
`boards; cornhole bags;
`surf boards; skate
`boards; snowboards;
`golf bags
`Cl. 16 stickers; sticker
`kits comprising stickers
`and decals; decals;
`posters; calendars;
`money clips;
`blackboards; temporary
`tattoo transfers; pens;
`writing utensils;
`advertising signs of
`cardboard and paper
`Cl. 16 Stickers; sticker
`kits comprising stickers
`and decals; decals
`
`5,661,940
`
`MONSTER
`ENERGY®
`
`3,908,600
`
`®
`
`
`
`- 8 -
`
`1/2004
`
`10/19/2016
`
`1/22/2019
`
`1/2004
`
`4/2/2009
`
`1/18/2011
`
`

`

`First Use In
`Commerce
`Date
`6/30/2002
`
`Filing Date Reg. Date
`
`4/2/2009
`
`1/18/2011
`
`5/17/2018
`
`9/25/2018
`
`
`
`
`
`Cl. 9
`6/30/2002
`
`Cl. 16
`1/2004
`
`Cl. 25
`5/24/2002
`
`11/2/2009
`
`
`2/15/2018
`
`11/16/2021
`
`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`3,908,601
`
`5,570,782
`
`®
`
`®
`
`6,557,648
`
`#MONSTERGAMI
`NG®
`
`
`
`Cl. 25 clothing,
`namely, t-shirts,
`hooded shirts and
`hooded sweatshirts,
`sweat shirts, jackets,
`pants, bandanas, sweat
`bands and gloves;
`headgear, namely, hats
`and beanies
`Cl. 9 sport helmets;
`video recordings
`featuring sports,
`extreme sports and
`motor sports
`
`Cl. 16 stickers, sticker
`kits comprising stickers
`and decals; decals;
`posters; calendars
`
`Cl. 25 clothing,
`namely, t-shirts,
`hooded shirts and
`hooded sweatshirts,
`sweat shirts, jackets,
`pants, bandanas, sweat
`bands and gloves;
`headgear, namely hats
`and beanies
`Cl. 35 services of
`advertising; providing
`consumer information
`about electronic video
`games; on-line
`advertising on a
`computer network
`
`Cl. 41 providing a
`website featuring
`entertainment
`information, news,
`videos, opinions,
`commentary, and
`images in the field of
`athletes, sports, e-
`sports, video games and
`sporting events;
`providing entertainment
`
`- 9 -
`
`

`

`Filing Date Reg. Date
`
`First Use In
`Commerce
`Date
`
`4/18/2002
`
`9/11/2007
`
`10/11/2011
`
`11/16/2015
`
`8/28/2018
`
`Cl. 25
`5/2010
`
`Cl. 41
`5/2005
`
`4/27/2007
`
`12/8/2005
`
`5/10/2011
`
`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`4,036,681
`
`5,551,192
`
`3,959,457
`
`MONSTER
`ENERGY®
`
`MONSTER
`ARMY®
`
`information about
`electronic video games
`Cl. 32 non-alcoholic
`beverages, namely,
`energy drinks,
`excluding perishable
`beverage products that
`contain fruit juice or
`soy
`Cl. 25 Clothing,
`namely, tops, shirts, T-
`shirts, hooded shirts,
`sweat shirts, and
`jackets
`
`Cl. 41 Providing a web
`site featuring
`entertainment
`information and news
`on athletes; organizing
`and conducting
`educational programs
`and activities in the
`nature of classes,
`workshops, and sports
`competitions for
`athletes in the field of
`athlete development;
`athlete development
`program, namely,
`athlete training and
`mentoring in the field
`of wake, ski, surf,
`snowboard, motocross,
`mountain bike, BMX,
`and skate
`JAVA MONSTER® Cl. 32 beverages,
`namely, soft drinks;
`non-carbonated energy
`drinks; non-carbonated
`sports drinks; soft
`drinks and non-
`carbonated energy
`drinks, all enhanced
`with vitamins,
`minerals, nutrients,
`amino acids, and/or
`herbs, but excluding
`
`
`
`- 10 -
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`Filing Date Reg. Date
`
`First Use In
`Commerce
`Date
`
`perishable beverage
`products that contain
`fruit juice or soy,
`whether such products
`are pasteurized or not
`JAVA MONSTER® Cl. 25 tops being
`clothing; shirts; t-shirts;
`sweat shirts; jackets
`
`cameras;
`Cl. 9
`headphones;
`sunglasses; eyewear;
`cases for sunglasses
`and eyewear
`
`Cl. 25
`3/29/2012
`
`
`
`Cl. 9
`7/15/2013
`
`5,826,919
`
`
`
`1/16/2019
`
`8/6/2019
`
`9.
`
`In addition to its common law rights, Opposer owns and relies on U.S. Trademark
`
`Registration No. 6,760,278 (the “’278 Registration”) for the mark MONSTER® for “energy drinks;
`
`fruit drinks; soft drinks; sports drinks” in International Class 32, which registration issued June 14,
`
`2022 and is based on an application filed in the United States Patent and Trademark Office (“PTO”)
`
`on August 26, 2021. Opposer first used MONSTER® in commerce with the Class 32 goods on April
`
`18, 2002. The ’278 Registration’s first use in commerce date predates the Application’s filing date
`
`and the alleged first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of the ’278 Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 1 and
`
`made of record.
`
`10.
`
`Opposer owns and relies on U.S. Trademark Registration No. 6,451,182 (the
`
`“’182 Registration”) for the mark
`
`® for “Non-alcoholic beverages, namely, soft
`
`drinks, energy drinks, sports drinks, and fruit juice drinks” in International Class 32 which
`
`registration issued August 17, 2021 and is based on an application filed in the United States Patent
`
`and Trademark Office (“PTO”) on December 13, 2017. The ’182 Registration’s first use in
`
`commerce date predates the Application’s filing date and the alleged first use in commerce of
`
`
`
`- 11 -
`
`

`

`
`
`Applicant’s Mark. True and correct copies of the specifics of the ’182 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. 4,721,433 (the “’433
`
`Registration”) for the mark MONSTER ENERGY® for “promoting goods and services in the sports,
`
`motorsports, electronic sports, and music industries through the distribution of printed, audio and
`
`visual promotional materials; promoting sports and music events and competitions for others” in
`
`International Class 35, which registration issued April 14, 2015 and is based on an application filed
`
`in the PTO on March 12, 2014. The ’433 Registration’s first use in commerce date and filing date
`
`predates the Application’s filing date and the alleged first use in commerce of Applicant’s Mark. True
`
`and correct copies of the specifics of the ’433 Registration obtained from the PTO’s TSDR database
`
`are attached hereto as Exhibit 3 and made of record.
`
`12.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,820,689 (the
`
`“’689 Registration”) for the mark MONSTER ENERGY® for “sport helmets; video recordings
`
`featuring sports, extreme sports and motor sports; downloadable software for mobile devices for
`
`playing games; downloadable electronic game software for use on mobile devices; downloadable
`
`game software; downloadable interactive game programs; downloadable video game software and
`
`programs” in International Class 9, “beverageware; insulated beverage containers for domestic use;
`
`bottles, sold empty; drinking bottles for sports; water bottles sold empty; bottle openers” in
`
`International Class 21, “lanyards; lanyards for holding whistles, keys, badges, identification cards,
`
`event passes, media passes, photographs, recording equipment, or similar conveniences; tents” in
`
`International Class 22, “towels; blankets for outdoor use” in International Class 24, “clothing,
`
`namely, tops, shirts, t-shirts, sweat shirts, jackets, bottoms, pants, bandanas, sweat bands, gloves;
`
`headwear; hats; beanies” in International Class 25, and “toy cars; remote control toys, namely,
`
`cars; cornhole game sets; cornhole game boards; cornhole bags; surf boards; skate boards;
`
`
`
`- 12 -
`
`

`

`
`
`snowboards; golf bags” in International Class 28, which registration issued July 30, 2019 and is
`
`based on an application filed in the PTO on January 15, 2019. The ’689 Registration’s first use in
`
`commerce date predates the Application’s filing date and the alleged first use in commerce of
`
`Applicant’s Mark. True and correct copies of the specifics of the ’689 Registration obtained from
`
`the PTO’s TESS and Assignment databases are attached hereto as Exhibit 4 and made of record.
`
`13.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,661,940 (the “’940
`
`Registration”) for the mark MONSTER ENERGY® for “stickers; sticker kits comprising stickers
`
`and decals; decals; posters; calendars; money clips; blackboards; temporary tattoo transfers; pens;
`
`writing utensils; advertising signs of cardboard and paper” in International Class 16, which
`
`registration issued on January 22, 2019 and is based on an application filed in the PTO on October
`
`19, 2016. The ’940 Registration’s first use in commerce date predates the Application’s filing date
`
`and the alleged first use in commerce of Applicant’s Mark. True and correct copies of the specifics
`
`of the ’940 Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 5 and
`
`made of record.
`
`14.
`
`Opposer owns and relies on
`
`incontestable U.S. Trademark Registration
`
`No. 3,908,600 (the “’600 Registration”) for the mark
`
` ® for “stickers; sticker kits comprising
`
`stickers and decals; decals” in International Class 16, which registration issued January 18, 2011 and
`
`is based on an application filed in the PTO on April 2, 2009. The ’600 Registration’s first use in
`
`commerce date, filing date, and registration date predate the Application’s filing date and the alleged
`
`first use in commerce of Applicant’s Mark. True and correct copies of the specifics of the ‘600
`
`Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 6 and made of
`
`record.
`
`
`
`- 13 -
`
`

`

`
`
`15.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,908,601 (the “’601 Registration”) for the mark
`
` ® for “Clothing, namely, t-shirts, hooded
`
`shirts and hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves;
`
`headgear, namely, hats and beanies” in International Class 25, which registration issued January 18,
`
`2011 and is based on an application filed in the PTO on April 2, 2009 and lists a first use in commerce
`
`date of June 30, 2002. The ’601 Registration’s first use in commerce date, filing date, and registration
`
`date of Opposer’s ’601 Registration predate the filing date and the alleged first use in commerce of
`
`Applicant’s Mark. True and correct copies of the specifics of the ’601 Registration obtained from the
`
`PTO’s TESS and Assignment databases are attached hereto as Exhibit 7 and made of record.
`
`16.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,570,782 (the “’782
`
`Registration”) for the mark
`
`® for “sport helmets; video recordings featuring sports,
`
`extreme sports and motor sports” in International Class 9, “stickers, sticker kits comprising stickers
`
`and decals; decals; posters; calendars” in International Class 16, and “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, which
`
`registration issued September 25, 2018 and is based on an application filed in the PTO on May 17,
`
`2018. The ’782 Registration’s first use in commerce date predates the Application’s filing date and
`
`the alleged first use in commerce of Applicant’s Mark. True and correct copies of the specifics of
`
`the ’782 Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit 8
`
`and made of record.
`
`
`
`- 14 -
`
`

`

`
`
`17.
`
`Opposer owns and relies on U.S. Trademark Registration No. 6,557,648 (the “’648
`
`Registration”) for the mark #MONSTERGAMING® for “services of advertising; providing
`
`consumer information about electronic video games; on-line advertising on a computer network”
`
`in International Class 35 and “providing a website featuring entertainment information, news,
`
`videos, opinions, commentary, and images in the field of athletes, sports, e-sports, video games
`
`and sporting events; providing entertainment information about electronic video games” in
`
`International Class 41, which registration issued November 16, 2021 and is based on an application
`
`filed in the PTO on February 15, 2018. Opposer first used #MONSTERGAMING® in commerce
`
`with the Class 35 and 41 services on November 2, 2009. The ’648 Registration’s first use in
`
`commerce date predates the Application’s filing date and the alleged first use in commerce of
`
`Applicant’s Mark. True and correct copies of the specifics of the ’648 Registration obtained from the
`
`PTO’s TSDR database are attached hereto as Exhibit 9 and made of record.
`
`18.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No. 4,036,681
`
`(the “’681 Registration”) for the mark MONSTER ENERGY® for “non-alcoholic beverages,
`
`namely, energy drinks, excluding perishable beverage products that contain fruit juice or soy” in
`
`International Class 32, which registration issued October 11, 2011 and is based on an application
`
`filed in the PTO on September 11, 2007. The ’681 Registration’s first use in commerce date, filing
`
`date, and registration date predate the Application’s filing date and the alleged first use in commerce
`
`of Applicant’s Mark. True and correct copies of the specifics of the ’681 Registration obtained
`
`from the PTO’s TSDR database are attached hereto as Exhibit 10 and made of record.
`
`19.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,281,192 (the “’192
`
`Registration”) for the mark MONSTER ARMY® for “clothing, namely, tops, shirts, T-shirts,
`
`hooded shirts, sweat shirts, and jackets” in International Class 25 and “providing a web site
`
`featuring entertainment information and news on at