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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA897204

Filing date: 05/16/2018

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 Dateof previous ex-tension

05/19/2018

Address 1 Monster WayCorona, CA 92879UNITED STATES

Attorney informa-tion

DIANA E WADEKNOBBE MARTENS OLSON & BEAR LLP2040 MAIN ST 14TH FLIRVINE, CA 92614UNITED STATESEmail: [email protected], [email protected]: 949-760-0404

Applicant Information

Application No 87656902 Publication date 03/20/2018

Opposition FilingDate

05/16/2018 Opposition Peri-od Ends

05/19/2018

Applicant Su, HaowenNo.32, Xiyuan Rd.Shushan districtHefei, 230000CHINA

Goods/Services Affected by Opposition

Class 025. First Use: 2017/07/08 First Use In Commerce: 2017/08/31All goods and services in the class are opposed, namely: Children's and infant's apparel, namely,jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Halloweencostumes; Socks

Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d)

Other Common law rights as asserted in the Notice ofOpposition

Marks Cited by Opposer as Basis for Opposition

U.S. RegistrationNo.

3908601 Application Date 04/02/2009

Registration Date 01/18/2011 Foreign Priority NONE

http://estta.uspto.gov

Date

Word Mark M MONSTER ENERGY

Design Mark

Description ofMark

The mark consists of a stylized letter "M" and stylized words "MONSTER EN-ERGY".

Goods/Services Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30

Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweatshirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely,hats and beanies



Registration Date 02/22/2011 Foreign PriorityDate

NONE


Design Mark

Description ofMark

The mark consists of a stylized letter "M" and the stylized words "MONSTERENERGY".


All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle bags




NONE


Design Mark

Description of The mark consists of a stylized letter "M" and stylized words "MONSTER EN-

Mark ERGY".


Stickers; sticker kits comprising stickers and decals; decals




NONE


Design Mark

Description ofMark

The mark consists of a stylized letter "M" and the stylized words "MONSTERENERGY".


Sports helmets




NONE


Design Mark

Description ofMark

The mark consists of a stylized letter "M" to the left of the stylized words "MON-STER ENERGY".


Silicone wrist bands; Silicone bracelets; Jewelry, namely, bracelets and wrist-bands




NONE


Design Mark

Description ofMark

The mark consists of a stylized letter "M" in the form of a claw to the left ofthestylized words "MONSTER ENERGY". The word "MONSTER" appears abovethe word "ENERGY" and features a slash mark through the letter "O".


Lanyards; Lanyards for holding whistles, keys, eyeglasses, sunglasses, mobiletelephones, badges, identification cards,event passes, media passes, photo-graphs, recording equipment, or similar conveniences




NONE

Word Mark MONSTER ENERGY

Design Mark

Description ofMark

NONE


nutritional supplements in liquid [and non-liquid ] form, but excluding perishablebeverage products that contain fruitjuice or soy, whether such products arepas-teurized or not




NONE


Design Mark

Description ofMark

NONE


Nutritional supplements in liquid form




NONE


Design Mark

Description ofMark

NONE


Non-alcoholic beverages, namely, energydrinks, excluding perishable beverageproducts that contain fruit juice or soy




NONE


Design Mark

Description ofMark

NONE


Fruit juice drinks having a juice content of 50% or less by volume that are shelfstable, carbonated soft drinks, carbonated drinks enhanced with vitamins, miner-als, nutrients, amino acids and/or herbs, [ aerated water, soda water and seltzerwater, ] but excluding perishable beverage products that contain fruit juiceor soy,whether such products are pasteurized or not




NONE

Word Mark MONSTER REHAB

Design Mark

Description ofMark

NONE



Class 032. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02

Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitam-ins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated en-ergy or sports drinks, fruit juice drinks having a juice content of 50% or less byvolume that are shelf-stable; all the foregoing goods exclude perishable bever-age products that contain fruit juice or soy,whether such products are pasteur-ized or not




NONE


Design Mark

Description ofMark

NONE


Ready to drink tea, iced tea and tea based beverages; ready to drink flavoredtea, iced tea and tea based beverages




NONE

Word Mark MUSCLE MONSTER

Design Mark

Description ofMark

NONE




Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;non-carbonated energy or sports drinks; all the foregoing goods exclude perish-able beverage products that contain fruit juice or soy, whether such products arepasteurized or not




NONE


Design Mark

Description ofMark

NONE


Vitamin fortified beverages


Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee en-ergy shakes; chocolate energy shakes


Ready to drink coffee based beverages; ready to drink chocolate-based bever-ages




NONE

Word Mark PUNCH MONSTER

Design Mark

Description ofMark

NONE


Nutritional supplements in liquid form;vitamin fortified beverages


Non-alcoholic beverages, namely, energydrinks, energy drinks flavored withjuice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced with vitamins,minerals, nutrients, amino acids and/or herbs; all the foregoing goods excludeperishable beverage products that contain fruit juice or soy, whether suchproducts are pasteurized or not




NONE

Word Mark MONSTER ASSAULT

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks, energy drinks flavored withjuice, sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,amino acids, and/or herbs, but excluding perishable beverage products that con-tainfruit juice or soy, whether such products are pasteurized or not




NONE

Word Mark UBERMONSTER

Design Mark

Description ofMark

NONE




Beverages, namely, carbonated soft drinks; non-alcoholic carbonated soft drink-sand energy drinks enhanced with vitamins, minerals, nutrients, proteins, aminoacids and/or herbs; carbonated energy drinks and sports drinks, all the foregoinggoods exclude perishable beverage products that contain fruit juice or soy,whether such products are pasteurized or not




NONE

Word Mark JUICE MONSTER

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks and drinks enhanced with vit-amins, minerals, nutrients, amino acids and/or herbs, but excluding perishablebeverage products that contain fruit juice orsoy




NONE

Word Mark JAVA MONSTER

Design Mark

Description ofMark

NONE


Beverages, namely, soft drinks; non-carbonated energy drinks; non-carbonatedsports drinks; soft drinks and non-carbonated energy drinks, all enhanced withvitamins, minerals, nutrients, amino acids,and/or herbs, but excluding perishablebeverage products that contain fruit juice or soy, whether such products are pas-teurized or not




NONE


Design Mark

Description ofMark

NONE


nutritional supplements in liquid [and non-liquid ] form, but excluding perishablebeverage products that contain fruitjuice or soy, whether such products arepas-teurized or not




NONE

Word Mark LO-CARB MONSTER ENERGY

Design Mark

Description ofMark

NONE


Nutritional supplements


Non-alcoholic beverages, namely, energydrinks, drinks enhanced with vitamins,minerals, nutrients, amino acids and/or herbs




NONE


Design Mark

Description ofMark

NONE


Beverages, namely, carbonated soft drinks, carbonated drinks enhanced withvitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and non-carbonated ] energy or sports drinks, fruit juice drinks having a juice content of50%or less by volume that are shelf stable, [ and water, ] but excluding perish-able beverage products that contain fruit juice or soy, whether such products arepasteurized or not




NONE

Word Mark MONSTER ENERGY ULTRA BLUE

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, allen-hanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the fore-going goods exclude perishable beverage products that contain fruit juice orsoy,whether such products are pasteurized or not




NONE

Word Mark MONSTER ENERGY ULTRA RED

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, allen-hanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the fore-going goods exclude perishable beverage products that contain fruit juice orsoy,whether such products are pasteurized or not




NONE

Word Mark MONSTER ENERGY ULTRA BLACK

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energydrinks, sports drinks, and soft drinks, energy drinks and sports drinks enhancedwith vitamins, minerals, nutrients, amino acids and/or herbs




NONE

Word Mark MONSTER ENERGY ULTRA CITRON

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energydrinks, sports drinks, and soft drinks, energy drinks and sports drinks enhancedwith vitamins, minerals, nutrients, amino acids and/or herbs

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Signature /Diana E. Wade/

Name DIANA E WADE

Date 05/16/2018

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HANBEV.7768M TRADEMARK

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MONSTER ENERGY COMPANY

Opposer,

v.

HAOWEN SU,

Applicant.

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)

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Opposition No.: ___________

Serial No.: 87/656902

Mark: COSMONSTERS

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

registration of U.S. Trademark Application Serial No. 87/656902 (“Application”) for the mark

COSMONSTERS (“Applicant’s Mark”) filed by Haowen Su (“Applicant”) and therefore

opposes the same.

As grounds for opposition, it is alleged:

1. By the Application filed on October 24, 2017, Applicant seeks to obtain registration

on the Principal Register of the trademark COSMONSTERS for “Children’s and infant’s apparel,

namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Halloween

costumes; socks” in International Class 25 based on Applicant’s alleged use of Applicant’s Mark

in interstate commerce since August 31, 2017.

- 2 -

2. Since at least 2002, long before the filing date of the Application and alleged first

use date of Applicant’s Mark, Opposer has been, and still is, engaged in the development,

marketing, and/or sale of clothing, including, for example, t-shirts, hooded shirts, hooded

sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands, gloves, and headgear, nutritional

supplements, energy drinks, and other products under the marks MONSTERTM

, MONSTER

ENERGY® and related marks, all containing “MONSTER.” Examples of Opposer’s use of its

MONSTER marks in connection with clothing are shown below:

- 4 -

3. Since 2002, Opposer has sold and/or distributed millions of articles of clothing,

including, but not limited to, t-shirts, sweatshirts, outerwear, socks, athletic attire and hats.

These clothing items have been sold and/or distributed by Monster through giveaways, the

MONSTER ARMY™ program, the Monster Gear program and Monster’s distribution of

products to retailers and distributors, among other channels. In addition, since at least as early as

2006, Monster has licensed its MONSTER marks for use in connection with clothing,

accessories, and other items.

4. In addition to using its MONSTER™ and MONSTER ENERGY® marks,

Opposer has expanded its family of MONSTER marks to include, for example, the following:

MONSTER REHAB®, MUSCLE MONSTER®, PUNCH MONSTER®, MONSTER

ASSAULT®, UBERMONSTER®, JUICE MONSTER®, JAVA MONSTER®, M MONSTER

ENERGY®, LO-CARB MONSTER ENERGY®, MONSTER ENERGY ULTRA BLUE®,

MONSTER ENERGY ULTRA RED®, MONSTER ENERGY ULTRA BLACK®, MONSTER

- 5 -

ENERGY ULTRA CITRON®, MONSTER ARMYTM

, ®, and

® (hereinafter, collectively the “MONSTER Marks”).

5. Since at least before the filing date of the Application and the alleged date of first

use of Applicant’s Mark, Opposer has continuously used and promoted its MONSTER Marks.

By virtue of Opposer’s continuous and substantial use, the MONSTER Marks have become

famous identifiers of Opposer such that consumers have come to recognize a family of

MONSTER Marks with which Opposer markets and sells its goods and services. Opposer’s

family of MONSTER Marks is the subject of substantial and continuous marketing and

promotion by Opposer in connection with its MONSTER line of drinks and other items such as

clothing, helmets, sports gear, and stickers.

6. Opposer has and continues to widely market and promote its family of

MONSTER Marks to consumers by, for example, displaying the MONSTER Marks extensively

on apparel, merchandise, and on product samplings; on billions of cans; on promotional and

point of sale materials; in magazines and other publications; on the monsterenergy.com website,

monsterarmy.com website and other Internet websites and social media sites; and at trade shows,

concert tours and live events. In addition, Opposer promotes the MONSTER Marks through, for

example, the sponsorship of music festivals, athletes, and sports events that are televised

nationwide and internationally.

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 Opposer’s MONSTER

Marks, which have appeared on clothing and accessories, on billions of cans of beverages and

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nutritional supplements, and in extensive nationwide promotions. Opposer’s common law rights

in its family of MONSTER Marks predate the filing date of the Application and alleged date of

first use of Applicant’s Mark, and Opposer relies on its common law trademark rights.

8. In addition to Opposer’s common law rights, 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 United States Patent and Trademark Office (“PTO”) on April 2, 2009. The filing date

of Opposer’s ’601 Registration is prior to the filing date of the Application and the alleged date

of first use 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 1 and

made of record.

9. Opposer owns and relies on U.S. Trademark Registration No. 3,923,683 (the

“’683 Registration”) for the mark ® for “all purpose sport bags; all-purpose carrying

bags; backpacks; duffle bags” in International Class 18, which registration issued February 22,

2011 and is based on an application filed in the PTO on April 2, 2009. The filing date of

Opposer’s ’683 Registration is prior to the filing date of the Application and the alleged date of

first use of Applicant’s Mark. True and correct copies of the specifics of the ’683 Registration

- 7 -


made of record.

10. 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 filing date of

Opposer’s ’600 Registration is prior to the filing date of the Application and the alleged date of first

use of Applicant’s Mark. True and correct copies of the specifics of the ’600 Registration


made of record.


3,914,828 (the “’828 Registration”) for the mark ® for “sports helmets” in International

Class 9, which registration issued February 1, 2011 and is based on an application filed in the PTO

on April 2, 2009. The filing date of Opposer’s ’828 Registration is prior to the filing date of the

Application and the alleged date of first use of Applicant’s Mark. True and correct copies of the

specifics of the ’828 Registration obtained from the PTO’s TESS and Assignment databases are

attached hereto as Exhibit 4 and made of record.

- 8 -

12. Opposer owns and relies on U.S. Trademark Registration No. 4,332,062 (the “’062

Registration”) for the mark ® for “silicone wrist bands; silicone bracelets;

jewelry, namely, bracelets and wristbands” in International Class 14, which registration issued May

7, 2013 and is based on an application filed in the PTO on October 5, 2012. The filing date of


use of Applicant’s Mark. True and correct copies of the specifics of the ’062 Registration obtained

from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 5 and made of

record.


“’598 Registration”) for the mark ® for “lanyards; lanyards for holding

whistles, keys, eyeglasses, sunglasses, mobile telephones, badges, identification cards, event

passes, media passes, photographs, recording equipment, or similar conveniences” in

International Class 22 which registration issued December 23, 2014 and is based on an

application filed in the PTO on August 26, 2013. The filing date of Opposer’s ’598 Registration

is prior to the filing date of the Application and the alleged date of first use of Applicant’s Mark.

True and correct copies of the specifics of the ’598 Registration obtained from the PTO’s TESS

and Assignment databases are attached hereto as Exhibit 6 and made of record.


3,044,315 (the “’315 Registration”) for the mark MONSTER ENERGY® for “nutritional

supplements in liquid form, but excluding perishable beverage products that contain fruit juice or

- 9 -

soy, whether such products are pasteurized or not” in International Class 5, which registration

issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003. The

filing date of Opposer’s ’315 Registration is prior to the filing date of the Application and alleged

date of first use of Applicant’s Mark. True and correct copies of the specifics of the ’315

Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as

Exhibit 7 and made of record.


4,036,680 (the “’680 Registration”) for the mark MONSTER ENERGY® for “nutritional

supplements in liquid form” in International Class 5, which registration issued October 11, 2011

and is based on an application filed in the PTO on September 11, 2007. The filing date of




made of record.


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 filing date of Opposer’s ’681

Registration is prior to the filing date of the Application and the alleged date of first use of

Applicant’s Mark. True and correct copies of the specifics of the ’681 Registration obtained from

the PTO’s TESS and Assignment databases are attached hereto as Exhibit 9 and made of record.

- 10 -


3,057,061 (the “’061 Registration”) for the mark MONSTER ENERGY® for “fruit juice drinks

having a juice content of 50% or less by volume that are shelf stable, carbonated soft drinks,

carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, but

excluding perishable beverage products that contain fruit juice or soy, whether such products are

pasteurized or not” in International Class 32, which registration issued February 7, 2006 and is

based on an application filed in the PTO on April 18, 2002. The filing date of Opposer’s ’061



the PTO’s TESS and Assignment databases are attached hereto as Exhibit 10 and made of

record.


4,129,288 (the “’288 Registration”) for the mark MONSTER REHAB® for “nutritional

supplements in liquid form” in International Class 5 and “beverages, namely, non-alcoholic non-

carbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or

herbs; non-carbonated energy or sports drinks, fruit juice drinks having a juice content of 50% or

less by volume that are shelf-stable; all the foregoing goods exclude perishable beverage

products that contain fruit juice or soy, whether such products are pasteurized or not” in

International Class 32, which registration issued April 17, 2012 and is based on an application

filed in the PTO on July 6, 2010. The filing date of Opposer’s ’288 Registration is prior to the

filing date of the Application and the alleged date of first use of Applicant’s Mark. True and

correct copies of the specifics of the ’288 Registration obtained from the PTO’s TESS and

Assignment databases are attached hereto as Exhibit 11 and made of record.

- 11 -


4,111,964 (the “’964 Registration”) for the mark MONSTER REHAB® for “ready to drink tea,

iced tea and tea based beverages; ready to drink flavored tea, iced tea and tea based beverages”

in International Class 30, which registration issued March 13, 2012 and is based on an

application filed in the PTO on August 24, 2011. The filing date of Opposer’s ’964 Registration is

prior to the filing date of the Application and the alleged date of first use of Applicant’s Mark. True

and correct copies of the specifics of the ’964 Registration obtained from the PTO’s TESS and



“’796 Registration”) for the mark MUSCLE MONSTER® for “nutritional supplements in liquid

form” in International Class 5 and “beverages, namely, soft drinks; non-alcoholic and non-

carbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or

herbs; non-carbonated energy or sports drinks; all the foregoing goods exclude perishable

beverage products that contain fruit juice or soy, whether such products are pasteurized or not” in

International Class 32, which registration issued July 30, 2013 and is based on an application

filed in the PTO on July 2, 2010. The filing date of Opposer’s ’796 Registration is prior to the





“’535 Registration”) for the mark MUSCLE MONSTER® for “vitamin fortified beverages” in

International Class 5, “dairy-based beverages; dairy-based energy shakes; energy shakes; coffee

energy shakes; chocolate energy shakes” in International Class 29 and “ready to drink coffee based

- 12 -

beverages; ready to drink chocolate-based beverages” in International Class 30, which registration

issued December 17, 2013 and is based on an application filed in the PTO on July 10, 2013. The

filing date of Opposer’s ’535 Registration is prior to the filing date of the Application and the

alleged date of first use of Applicant’s Mark. True and correct copies of the specifics of the ’535




Registration”) for the mark PUNCH MONSTER® for “nutritional supplements in liquid form;

vitamin fortified beverages” in International Class 5 and “non-alcoholic beverages, namely,

energy drinks, energy drinks flavored with juice, fruit-flavored drinks, soft drinks, sports drinks,

all enhanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods

exclude perishable beverage products that contain fruit juice or soy, whether such products are

pasteurized or not” in International Class 32, which registration issued September 16, 2014 and is

based on an application filed in the PTO on November 22, 2013. The filing date of Opposer’s

’556 Registration is prior to the filing date of the Application and the alleged date of first use of



record.


“’053 Registration”) for the mark MONSTER ASSAULT® for “nutritional supplements in

liquid form; vitamin fortified beverages” in International Class 5 and “non-alcoholic beverages,

namely, energy drinks, energy drinks flavored with juice, sports drinks, all enhanced with

vitamins, minerals, nutrients, proteins, amino acids, and/or herbs, but excluding perishable

- 13 -

beverage products that contain fruit juice or soy, whether such products are pasteurized or not” in

International Class 32, which registration issued November 4, 2014 and is based on an

application filed in the PTO on November 15, 2013. The filing date of Opposer’s ’053




record.


Registration”) for the mark UBERMONSTER® for “nutritional supplements in liquid form” in

International Class 5 and “beverages, namely, carbonated soft drinks; non-alcoholic carbonated

soft drinks and energy drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids

and/or herbs; carbonated energy drinks and sports drinks, all the foregoing goods exclude

perishable beverage products that contain fruit juice or soy, whether such products are

pasteurized or not” in International Class 32, which registration issued October 30, 2012 and is

based on an application filed in the PTO on July 9, 2010. The filing date of Opposer’s ’456




record.


“’750 Registration”) for the mark JUICE MONSTER® for “nutritional supplements in liquid

form” in International Class 5 and “non-alcoholic beverages, namely, energy drinks and drinks

enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, but excluding perishable

- 14 -

beverage products that contain fruit juice or soy” in International Class 32, which registration

issued April 7, 2015 and is based on an application filed in the PTO on February 24, 2012. The






3,959,457 (the “’457 Registration”) for the mark JAVA MONSTER® for “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 perishable beverage products that contain fruit juice or soy, whether such

products are pasteurized or not” in International Class 32, which registration issued May 10,

2011 and is based on an application filed in the PTO on December 8, 2005. The filing date of




made of record.


3,044,314 (the “’314 Registration”) for the mark M MONSTER ENERGY® for “nutritional

supplements in liquid form, but excluding perishable beverage products that contain fruit juice or

soy, whether such products are pasteurized or not” in International Class 5, which registration

issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003. The


- 15 -





3,852,118 (the “’118 Registration”) for the mark LO-CARB MONSTER ENERGY® for

“nutritional supplements” in International Class 5 and “non-alcoholic beverages, namely, energy

drinks, drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs” in

International Class 32, which registration issued September 28, 2010 and is based on an

application filed in the PTO on February 13, 2009. The filing date of Opposer’s ’118 Registration

is prior to the filing date of the Application and the alleged date of first use of Applicant’s Mark.

True and correct copies of the specifics of the ’118 Registration obtained from the PTO’s TESS

and Assignment databases are attached hereto as Exhibit 21 and made of record.


3,134,842 (the “’842 Registration”) for the mark M MONSTER ENERGY® for “beverages,

namely, carbonated soft drinks, carbonated drinks enhanced with vitamins, minerals, nutrients,

amino acids and/or herbs, carbonated energy or sports drinks, fruit juice drinks having a juice

content of 50% or less by volume that are shelf stable, but excluding perishable beverage

products that contain fruit juice or soy, whether such products are pasteurized or not” in

International Class 32, which registration issued August 29, 2006 and is based on an application

filed in the PTO on May 7, 2003. The filing date of Opposer’s ’842 Registration is prior to the




- 16 -


“’414 Registration”) for the mark MONSTER ENERGY ULTRA BLUE® for “nutritional

supplements in liquid form; vitamin fortified beverages” in International Class 5 and “non-

alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, all enhanced with

vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude


pasteurized or not” in International Class 32, which registration issued May 20, 2014 and is

based on an application filed in the PTO on January 2, 2013. The filing date of Opposer’s ’414




record.


“’292 Registration”) for the mark MONSTER ENERGY ULTRA RED® for “nutritional

supplements in liquid form; vitamin fortified beverages” in International Class 5 and “non-

alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, all enhanced with

vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude


pasteurized or not” in International Class 32, which registration issued May 20, 2014 and is

based on an application filed in the PTO on June 13, 2013. The filing date of Opposer’s ’292



- 17 -


record.


“’491 Registration”) for the mark MONSTER ENERGY ULTRA BLACK for “nutritional

supplements in liquid form” in International Class 5 and “non-alcoholic beverages, namely,

carbonated soft drinks, carbonated energy drinks, sports drinks, and soft drinks, energy drinks

and sports drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs” in

International Class 32, which registration issued November 24, 2015 and is based on an

application filed in the PTO on May 13, 2014. The filing date of Opposer’s ’491 Registration is

prior to the filing date of the Application and alleged date of first use of Applicant’s Mark. True

and correct copies of the specifics of the ’491 Registration obtained from the PTO’s TESS and



Registration”) for the mark MONSTER ENERGY ULTRA CITRON® for “nutritional

supplements in liquid form” in International Class 5 and “non-alcoholic beverages, namely,

carbonated soft drinks, carbonated energy drinks, sports drinks, and soft drinks, energy drinks and

sports drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs” in International

Class 32, which registration issued November 17, 2015 and is based on an application filed in the

PTO on May 14, 2014. The filing date of Opposer’s ’373 Registration is prior to the filing date of

the Application and the alleged date of first use of Applicant’s Mark. True and correct copies of

the specifics of the ’373 Registration obtained from the PTO’s TESS and Assignment databases

are attached hereto as Exhibit 26 and made of record.

- 18 -

34. 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.

35. Opposer’s Registration Nos. 3,908,601, 3,908,600, 3,914,828, 3,044,315,

4,036,680, 4,036,681, 3,057,061, 4,129,288, 4,111,964, 3,959,457, 3,044,314, 3,852,118, and

3,134,842 are incontestable. As such, they constitute conclusive evidence of the validity of the

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

Lanham Act, 15 U.S.C. § 1115.

36. Since at least before the filing date of the Application and the alleged date of first

use of Applicant’s Mark, Opposer has continuously used and promoted the MONSTER Marks,

including the marks listed above, in interstate commerce in connection with its goods and services,

including the goods identified in the foregoing registrations. In addition, Opposer’s MONSTER

Marks, or at the very least, some of the MONSTER Marks, were well established and famous long

before Applicant’s filing date and alleged date of first use of the COSMONSTERS mark.

37. Applicant seeks an unrestricted federal registration for COSMONSTERS

covering goods in International Class 25 as set forth in the Application. 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 goods throughout the United States with no limitation thereon.

- 19 -

38. Opposer will be damaged by registration of the Application in that Applicant’s

Mark so resembles Opposer’s MONSTER 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

Applicant’s goods, 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).

39. In view of Opposer’s prior rights in its MONSTER Marks, Applicant is not entitled

to federal registration of the COSMONSTERS mark pursuant to Section 2(d) of the Trademark Act,

15 U.S.C. § 1052(d).

WHEREFORE, Opposer prays that U.S. Trademark Application Serial No. 87/656902 be

rejected 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.

Respectfully submitted,

KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: May 16, 2018 By: /Diana E. Wade/

Steven J. Nataupsky

Diane M. Reed

Jonathan A. Menkes

Diana E. Wade

2040 Main Street, Fourteenth Floor

Irvine, CA 92614

(949) 760-0404

[email protected]

Attorneys for Opposer,

MONSTER ENERGY COMPANY

28209090

TTAB Opposition No.: ___________

Monster Energy Company v. Haowen Su


Serial No.: 87/656902

EXHIBIT 1

Trademark Electronic Search System (TESS)

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Goods and

Services

IC 025. US 022 039. G & S: Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat shirts, jackets,

pants, bandanas, sweat bands and gloves; headgear, namely, hats and beanies. FIRST USE: 20020524. FIRST

USE IN COMMERCE: 20020630

Mark Drawing

Code(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM

Trademark Search

Facility

Classification

Code

LETS-1 M A single letter, multiples of a single letter or in combination with a design

SHAPES-MISC Miscellaneous shaped designs

Serial Number 77705822

Filing Date April 2, 2009

Current Basis 1A

Original Filing

Basis1B

Published for

OppositionJune 23, 2009

Registration

Number3908601

International

Registration

Number

1048069

Registration Date January 18, 2011

Owner (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

AssignmentASSIGNMENT RECORDED



Exhibit 1 Page 1 of 4 Notice of Opposition

Serial No.: 87/656902

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Recorded

Attorney of

RecordDiane M. Reed

Prior

Registrations3044314;3134841;3134842;AND OTHERS

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN

Description of

Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "M" and stylized words

"MONSTER ENERGY".

Type of Mark TRADEMARK

Register PRINCIPAL

Affidavit Text SECT 15. SECT 8 (6-YR).

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USPTO Assignments on the Web

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Tradem ark Assignm ent Abstract of Tit le

Total Assignm ents: 1

Serial # : 77705822 Filing Dt : 04/ 02/ 2009 Reg # : 3908601 Reg. Dt : 01/ 18/ 2011

Regist rant : Hansen Beverage Com pany

Mark: M MONSTER ENERGY

Assignm ent : 1

Reel/ Fram e: 4699/ 0063 Recorded: 01/ 13/ 2012 Pages: 10

Conveyance: CHANGE OF NAME

Assignor: HANSEN BEVERAGE COMPANY Exec Dt : 01/ 05/ 2012

Ent ity Type: CORPORATI ON

Cit izenship: DELAWARE

Assignee: MONSTER ENERGY COMPANY

550 MONI CA CI RCLE, SUI TE 201

CORONA, CALI FORNI A 92880



Correspondent : DI ANE M. REED

2040 MAI N STREET, 14TH FLOOR

I RVI NE, CA 92614

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Serial No.: 87/656902



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Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 2








Record 1 out of 1



Goods and Services IC 018. US 001 002 003 022 041. G & S: All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle

bags. FIRST USE: 20040500. FIRST USE IN COMMERCE: 20040500

Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM



Current Basis 1A

Original Filing Basis 1B

Published for


Registration Number 3923683

International

Registration Number1048069

Registration Date February 22, 2011

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE Suite 201 550 Monica Circle Corona

CALIFORNIA 92880

(LAST LISTED OWNER) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way

Corona CALIFORNIA 92879

Assignment

RecordedASSIGNMENT RECORDED

Attorney of Record Diane M. Reed

Prior Registrations 3044314;3134841;3134842;AND OTHERS


Description of Mark Color is not claimed as a feature of the mark. The mark consists of a stylized letter "M" and the stylized words

"MONSTER ENERGY".


Register PRINCIPAL




Serial No.: 87/656902

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Affidavit Text SECT 8 (6-YR).

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EXHIBIT 3








Record 1 out of 1



Goods and

Services

IC 016. US 002 005 022 023 029 037 038 050. G & S: Stickers; sticker kits comprising stickers and decals; decals.

FIRST USE: 20040100. FIRST USE IN COMMERCE: 20040100

Mark Drawing


Trademark Search

Facility

Classification

Code


SHAPES-BAR-BANDS Designs with bar, bands or lines




Current Basis 1A

Original Filing

Basis1B

Published for


Registration

Number3908600

International

Registration

Number

1048069

Registration Date January 18, 2011


CALIFORNIA 92880


CALIFORNIA 92879

Assignment





Serial No.: 87/656902

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Attorney of

RecordDiane M. Reed

Prior



Description of

Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "M" and stylized words

"MONSTER ENERGY".


Register PRINCIPAL

Affidavit Text SECT 8 (6-YR).

Live/Dead

IndicatorLIVE





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Assignm ent : 1













I RVI NE, CA 92614








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EXHIBIT 4








Record 1 out of 1



Goods and

Services

IC 009. US 021 023 026 036 038. G & S: Sports helmets. FIRST USE: 20060100. FIRST USE IN COMMERCE:

20060100

Mark Drawing


Trademark Search

Facility

Classification

Code


SHAPES-BAR-BANDS Designs with bar, bands or lines




Current Basis 1A

Original Filing

Basis1B

Published for


Registration

Number3914828

International

Registration

Number

1048069

Registration Date February 1, 2011

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle, Suite 201 Corona

CALIFORNIA 92880


CALIFORNIA 92879

Assignment





Serial No.: 87/656902

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Attorney of

RecordDiane M. Reed

Prior



Description of

Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "M" and the stylized words

"MONSTER ENERGY".


Register PRINCIPAL


Live/Dead

IndicatorLIVE





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I RVI NE, CA 92614








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EXHIBIT 5








Record 1 out of 1



Goods and

Services

IC 014. US 002 027 028 050. G & S: Silicone wrist bands; Silicone bracelets; Jewelry, namely, bracelets and

wristbands. FIRST USE: 20061200. FIRST USE IN COMMERCE: 20061200

Mark Drawing



Filing Date October 5, 2012

Current Basis 1A

Original Filing

Basis1A

Published for

OppositionFebruary 19, 2013

Registration

Number4332062

Registration

DateMay 7, 2013

Owner (REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA

92879

Attorney of

RecordDiane M. Reed

Prior

Registrations3044314;3134841;3134842

Description of

Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "M" to the left of the stylized words

"MONSTER ENERGY".


Register PRINCIPAL

Live/Dead

IndicatorLIVE




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No assignm ent has been recorded at the USPTO

For Seria l Num ber: 8 5 7 4 7 2 4 4







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EXHIBIT 6








Record 1 out of 1



Goods and

Services

IC 022. US 001 002 007 019 022 042 050. G & S: Lanyards; Lanyards for holding whistles, keys, eyeglasses,

sunglasses, mobile telephones, badges, identification cards, event passes, media passes, photographs, recording

equipment, or similar conveniences. FIRST USE: 20061220. FIRST USE IN COMMERCE: 20061220

Mark

Drawing

Code

(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM

Serial

Number86048359

Filing Date August 26, 2013

Current

Basis1A

Original

Filing Basis1B

Published for

OppositionFebruary 18, 2014

Registration

Number4660598

Registration

DateDecember 23, 2014

Owner (REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879

Attorney of

RecordDiane M. Reed

Prior

Registrations3134841;3134842;4332062

Description

of Mark

Color is not claimed as a feature of the mark. The mark consists of a stylized letter "M" in the form of a claw to the left of

the stylized words "MONSTER ENERGY". The word "MONSTER" appears above the word "ENERGY" and features a

slash mark through the letter "O".





Serial No.: 87/656902

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Register PRINCIPAL

Live/Dead

IndicatorLIVE





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EXHIBIT 7








Record 1 out of 1



Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: nutritional supplements in liquid [and non-liquid ] form, but excluding

perishable beverage products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE:

20020327. FIRST USE IN COMMERCE: 20020418

Mark

Drawing

Code

(1) TYPED DRAWING

Serial

Number78253933

Filing Date May 23, 2003

Current

Basis1A

Original

Filing Basis1A

Published

for

Opposition

September 7, 2004

Change In

RegistrationCHANGE IN REGISTRATION HAS OCCURRED

Registration

Number3044315

Registration

DateJanuary 17, 2006


CALIFORNIA 92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed


Type of

MarkTRADEMARK




Serial No.: 87/656902

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Register PRINCIPAL

Affidavit

TextSECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20150221.

Renewal 1ST RENEWAL 20150221

Live/Dead

IndicatorLIVE





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Mark: MONSTER ENERGY

Assignm ent : 1













I RVI NE, CA 92614








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EXHIBIT 8








Record 1 out of 1



Goods and Services IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20020327.

FIRST USE IN COMMERCE: 20020418

Standard Characters

Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK


Filing Date September 11, 2007

Current Basis 1A

Original Filing Basis 1A

Published for

OppositionJuly 26, 2011

Registration Number 4036680

Registration Date October 11, 2011

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle Suite 201


(LAST LISTED OWNER) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way


Assignment


Attorney of Record Diane M. Reed

Prior Registrations 3044314;3044315;3057061;AND OTHERS

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS

SHOWN


Register PRINCIPAL





Serial No.: 87/656902

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Live/Dead Indicator LIVE





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I RVI NE, CA 92614








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EXHIBIT 9








Record 1 out of 1



Goods and

Services

IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage

products that contain fruit juice or soy. FIRST USE: 20020327. FIRST USE IN COMMERCE: 20020418

Standard

Characters

Claimed

Mark Drawing

Code(4) STANDARD CHARACTER MARK


Filing Date September 11, 2007

Current Basis 1A

Original Filing

Basis1A

Published for


Registration

Number4036681

Registration

DateOctober 11, 2011


CALIFORNIA 92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed

Prior3044314;3044315;3057061;3134841;3134842




Serial No.: 87/656902

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Register PRINCIPAL


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I RVI NE, CA 92614








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EXHIBIT 10








Record 1 out of 1



Goods and

Services

IC 032. US 045 046 048. G & S: Fruit juice drinks having a juice content of 50% or less by volume that are shelf stable,

carbonated soft drinks, carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, [ aerated

water, soda water and seltzer water, ] but excluding perishable beverage products that contain fruit juice or soy, whether

such products are pasteurized or not. FIRST USE: 20020327. FIRST USE IN COMMERCE: 20020418

Mark

Drawing

Code

(1) TYPED DRAWING

Serial

Number78122679


Current

Basis1A

Original

Filing Basis1A

Published

for

Opposition

March 11, 2003

Registration

Number3057061

Registration

DateFebruary 7, 2006


CALIFORNIA 92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed


Type of

MarkTRADEMARK

Register PRINCIPAL




Serial No.: 87/656902

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IndicatorLIVE





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I RVI NE, CA 92614








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EXHIBIT 11








Record 1 out of 1



Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20110302. FIRST USE

IN COMMERCE: 20110302

IC 032. US 045 046 048. G & S: Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitamins,

minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated energy or sports drinks, fruit juice drinks having

a juice content of 50% or less by volume that are shelf-stable; all the foregoing goods exclude perishable beverage

products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE: 20110302. FIRST


Standard

Characters

Claimed

Mark

Drawing

Code

(4) STANDARD CHARACTER MARK

Serial

Number85078405

Filing Date July 6, 2010

Current

Basis1A

Original

Filing Basis1B

Published for

OppositionNovember 29, 2011

Registration

Number4129288

Registration

DateApril 17, 2012

Owner (REGISTRANT) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA

92879




Serial No.: 87/656902

LogoutLogout

















































Assignment


Attorney of

RecordDiane M. Reed

Prior



Register PRINCIPAL


Live/Dead

IndicatorLIVE





Serial No.: 87/656902





































Regist rant : MONSTER ENERGY COMPANY

Mark: MONSTER REHAB

Assignm ent : 1













I RVI NE, CA 92614








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EXHIBIT 12








Record 1 out of 1



Goods and

Services

IC 030. US 046. G & S: Ready to drink tea, iced tea and tea based beverages; ready to drink flavored tea, iced tea

and tea based beverages. FIRST USE: 20110200. FIRST USE IN COMMERCE: 20110200

Standard

Characters

Claimed

Mark Drawing



Filing Date August 24, 2011

Current Basis 1A

Original Filing

Basis1A

Published for

OppositionDecember 27, 2011

Registration

Number4111964

Registration

DateMarch 13, 2012

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA

92879


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed





Serial No.: 87/656902

LogoutLogout

















































Register PRINCIPAL


Live/Dead

IndicatorLIVE





Serial No.: 87/656902






































Mark: MONSTER REHAB

Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 13








Record 1 out of 1



Goods and

Services



IC 032. US 045 046 048. G & S: Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks enhanced

with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated energy or sports drinks; all the

foregoing goods exclude perishable beverage products that contain fruit juice or soy, whether such products are

pasteurized or not. FIRST USE: 20130318. FIRST USE IN COMMERCE: 20130318

Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number85077052


Current

Basis1A

Original

Filing Basis1B

Published for

OppositionApril 19, 2011

Registration

Number4376796

International

Registration

Number

1209858

Registration

DateJuly 30, 2013




Serial No.: 87/656902

LogoutLogout


















































92879

Assignment


Attorney of

RecordAlina S. Morris

Prior



Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902






































Mark: MUSCLE MONSTER

Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 14








Record 1 out of 1



Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: Vitamin fortified beverages. FIRST USE: 20130318. FIRST USE IN

COMMERCE: 20130318

IC 029. US 046. G & S: Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee energy shakes;

chocolate energy shakes. FIRST USE: 20130318. FIRST USE IN COMMERCE: 20130318

IC 030. US 046. G & S: Ready to drink coffee based beverages; ready to drink chocolate-based beverages. FIRST

USE: 20130318. FIRST USE IN COMMERCE: 20130318

Standard

Characters

Claimed

Mark Drawing




Current Basis 1A

Original Filing

Basis1A

Published for

OppositionOctober 1, 2013

Registration

Number4451535

International

Registration

Number

1209858

Registration Date December 17, 2013

Owner (REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA

92879

Attorney of




Serial No.: 87/656902

LogoutLogout

















































RecordDiane M. Reed

Prior

Registrations3966554;4036680;AND OTHERS


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902














































Serial No.: 87/656902

EXHIBIT 15








Record 1 out of 1


Word Mark PUNCH MONSTER

Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form; vitamin fortified beverages. FIRST


IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, energy drinks flavored with juice, fruit-

flavored drinks, soft drinks, sports drinks, all enhanced with vitamins, minerals, nutrients, amino acids and/or herbs; all

the foregoing goods exclude perishable beverage products that contain fruit juice or soy, whether such products are


Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number86127407

Filing Date November 22, 2013

Current

Basis1A

Original

Filing Basis1B

Published for


Registration

Number4604556

Registration

DateSeptember 16, 2014


Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout

















































Prior


Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PUNCH" APART FROM THE MARK AS SHOWN


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902














































Serial No.: 87/656902

EXHIBIT 16








Record 1 out of 1


Word Mark MONSTER ASSAULT

Goods and

Services



IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, energy drinks flavored with juice,

sports drinks, all enhanced with vitamins, minerals, nutrients, proteins, amino acids, and/or herbs, but excluding



Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number86120138

Filing Date November 15, 2013

Current

Basis1A

Original

Filing Basis1B

Published for

OppositionJanuary 7, 2014

Registration

Number4634053

Registration

DateNovember 4, 2014


Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout

















































Prior

Registrations3357068;3924797;3949989


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902














































Serial No.: 87/656902

EXHIBIT 17








Record 1 out of 1


Word Mark UBERMONSTER

Goods and

Services



IC 032. US 045 046 048. G & S: Beverages, namely, carbonated soft drinks; non-alcoholic carbonated soft drinks and

energy drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; carbonated energy drinks

and sports drinks, all the foregoing goods exclude perishable beverage products that contain fruit juice or soy, whether

such products are pasteurized or not. FIRST USE: 20120200. FIRST USE IN COMMERCE: 20120200

Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number85081796


Current

Basis1A

Original

Filing Basis1B

Published for


Registration

Number4234456

Registration

DateOctober 30, 2012


92879

Assignment


Attorney of

RecordAlina S. Morris

Prior3044314;3057061;3134842;AND OTHERS




Serial No.: 87/656902

LogoutLogout

















































Registrations


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902






































Mark: UBERMONSTER

Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 18








Record 1 out of 1


Word Mark JUICE MONSTER

Goods and

Services



IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks and drinks enhanced with vitamins,

minerals, nutrients, amino acids and/or herbs, but excluding perishable beverage products that contain fruit juice or soy.

FIRST USE: 20140623. FIRST USE IN COMMERCE: 20140623

Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number85552165

Filing Date February 24, 2012

Current

Basis1A

Original

Filing Basis1B

Published for

OppositionNovember 20, 2012

Registration

Number4716750

Registration

DateApril 7, 2015


Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout

















































Prior

Registrations3936161;3939395

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JUICE" APART FROM THE MARK AS SHOWN


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902














































Serial No.: 87/656902

EXHIBIT 19








Record 1 out of 1


Word Mark JAVA MONSTER

Goods and

Services

IC 032. US 045 046 048. G & S: 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 perishable beverage products that contain fruit juice or soy, whether such products are


Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number78769836

Filing Date December 8, 2005

Current

Basis1A

Original

Filing Basis1B

Published for


Registration

Number3959457

Registration

DateMay 10, 2011


CALIFORNIA 92880


CALIFORNIA 92879

Assignment




Serial No.: 87/656902

LogoutLogout


















































Attorney of

RecordDiane M. Reed

Prior

Registrations3044314;3044315

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JAVA" APART FROM THE MARK AS SHOWN


Register PRINCIPAL


Live/Dead

IndicatorLIVE





Serial No.: 87/656902






































Mark: JAVA MONSTER

Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 20








Record 1 out of 1



Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: nutritional supplements in liquid [and non-liquid ] form, but excluding



Mark

Drawing

Code

(1) TYPED DRAWING

Serial

Number78253930


Current

Basis1A

Original

Filing Basis1A

Published

for

Opposition

August 31, 2004

Change In

RegistrationCHANGE IN REGISTRATION HAS OCCURRED

Registration

Number3044314

Registration

DateJanuary 17, 2006


CALIFORNIA 92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDIANE M. REED


Type of

MarkTRADEMARK




Serial No.: 87/656902

LogoutLogout

















































Register PRINCIPAL

Affidavit

TextSECT 8 (6-YR). SECTION 8(10-YR) 20150221.


Live/Dead

IndicatorLIVE





Serial No.: 87/656902







































Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 21








Record 1 out of 1


Word Mark LO-CARB MONSTER ENERGY

Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements. FIRST USE: 20030800. FIRST USE IN

COMMERCE: 20030800

IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, drinks enhanced with vitamins,

minerals, nutrients, amino acids and/or herbs. FIRST USE: 20030800. FIRST USE IN COMMERCE: 20030800

Standard

Characters

Claimed

Mark Drawing


Trademark Search

Facility

Classification

Code

LETS-2 LO Two letters or combinations of multiples of two letters

NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical

signs,zodiac signs,prescription marks


Filing Date February 13, 2009

Current Basis 1A

Original Filing

Basis1A

Published for


Registration

Number3852118

Registration Date September 28, 2010

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE Suite 201 550 Monica Circle Corona

CALIFORNIA 92880


CALIFORNIA 92879




Serial No.: 87/656902

LogoutLogout

















































Assignment


Attorney of

RecordDiane M. Reed

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "LO-CARB" AND "ENERGY" APART FROM THE

MARK AS SHOWN


Register PRINCIPAL


Live/Dead

IndicatorLIVE





Serial No.: 87/656902






































Mark: LO-CARB MONSTER ENERGY

Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 22








Record 1 out of 1



Goods and

Services

IC 032. US 045 046 048. G & S: Beverages, namely, carbonated soft drinks, carbonated drinks enhanced with vitamins,

minerals, nutrients, amino acids and/or herbs, carbonated [ and non-carbonated ] energy or sports drinks, fruit juice drinks

having a juice content of 50% or less by volume that are shelf stable, [ and water, ] but excluding perishable beverage

products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE: 20020327. FIRST USE


Mark

Drawing

Code

(1) TYPED DRAWING

Serial

Number78246573


Current

Basis1A

Original

Filing Basis1A

Published

for

Opposition

June 6, 2006

Registration

Number3134842

Registration

DateAugust 29, 2006


CALIFORNIA 92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed


Type of

MarkTRADEMARK




Serial No.: 87/656902

LogoutLogout

















































Register PRINCIPAL

Affidavit



Live/Dead

IndicatorLIVE





Serial No.: 87/656902







































Assignm ent : 1













I RVI NE, CA 92614








Serial No.: 87/656902
























































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 23








Record 1 out of 1


Word Mark MONSTER ENERGY ULTRA BLUE

Goods and

Services



IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, all enhanced

with vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude perishable beverage



Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number85813927

Filing Date January 2, 2013

Current

Basis1A

Original

Filing Basis1B

Published for

OppositionSeptember 17, 2013

Registration

Number4534414

Registration

DateMay 20, 2014


Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout

















































Prior


Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" AND "BLUE" APART FROM THE MARK AS

SHOWN


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902














































Serial No.: 87/656902

EXHIBIT 24








Record 1 out of 1


Word Mark MONSTER ENERGY ULTRA RED

Goods and

Services



IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, soft drinks, sports drinks, all enhanced

with vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude perishable beverage



Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number85958638

Filing Date June 13, 2013

Current

Basis1A

Original

Filing Basis1B

Published for

OppositionMarch 4, 2014

Registration

Number4532292

Registration

DateMay 20, 2014


Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout

















































Prior


Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" AND "RED" APART FROM THE MARK AS

SHOWN


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902














































Serial No.: 87/656902

EXHIBIT 25


http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:e9zgk.2.1[5/16/2018 1:04:58 PM]






Record 1 out of 1


Word Mark MONSTER ENERGY ULTRA BLACK

Goods and

Services



IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energy drinks,

sports drinks, and soft drinks, energy drinks and sports drinks enhanced with vitamins, minerals, nutrients, amino acids

and/or herbs. FIRST USE: 20140723. FIRST USE IN COMMERCE: 20140723

Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number86279762


Current

Basis1A

Original

Filing Basis1B

Published for


Registration

Number4860491

Registration



Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout





























http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4805:e9zgk.2.1


http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:e9zgk.2.1


http://tmsearch.uspto.gov/bin/gate.exe?f=searchstr&state=4805:e9zgk.2.1


http://tmsearch.uspto.gov/bin/gate.exe?f=search&state=4805:e9zgk.2.1


http://tmsearch.uspto.gov/bin/gate.exe?f=brwsidx&state=4805:e9zgk.2.1


http://tmsearch.uspto.gov/bin/gate.exe?f=searchst&state=4805:e9zgk.2.1


http://tmsearch.uspto.gov/bin/gate.exe?f=help&state=4805:e9zgk.2.1







http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:e9zgk.2.1[5/16/2018 1:04:58 PM]

Prior

Registrations3852123;3948164;3966554



Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902






























http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=86279762[5/16/2018 1:05:58 PM]












Serial No.: 87/656902














































Serial No.: 87/656902




Serial No.: 87/656902

EXHIBIT 26








Record 1 out of 1


Word Mark MONSTER ENERGY ULTRA CITRON

Goods and

Services



IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, carbonated soft drinks, carbonated energy drinks,

sports drinks, and soft drinks, energy drinks and sports drinks enhanced with vitamins, minerals, nutrients, amino acids

and/or herbs. FIRST USE: 20150105. FIRST USE IN COMMERCE: 20150105

Standard

Characters

Claimed

Mark

Drawing

Code


Serial

Number86280742


Current

Basis1A

Original

Filing Basis1B

Published for


Registration

Number4856373

Registration



Attorney of

RecordDiane M. Reed




Serial No.: 87/656902

LogoutLogout

















































Prior

Registrations3852123;3948164;3966554

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" AND "CITRON" APART FROM THE MARK AS

SHOWN


Register PRINCIPAL

Live/Dead

IndicatorLIVE





Serial No.: 87/656902










































Serial No.: 87/656902











































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