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ESTTA Tracking number:
Filing date:
ESTTA740918
04/19/2016
Notice of Opposition
Notice is hereby given that the following party opposes registration of the indicated application.
Opposer Information
Name
Granted to Date
of previous extension
04/20/2016
Address
1 Monster Way
Corona, CA 92879
UNITED STATES
Correspondence
information
Bruce B. Brunda
Stetina Brunda Garred & Brucker
75 Enterprise, Suite 250
Aliso Viejo, CA 92656
UNITED STATES
opposition@stetinalaw.com, bbrunda@stetinalaw.com
Applicant Information
Application No
86495705
Publication date
12/22/2015
Opposition Filing
Date
04/19/2016
04/20/2016
Applicant
Applicant Information
Application No
86495708
Publication date
Opposition Filing
Date
04/19/2016
Applicant
12/22/2015
Applicant Information
Application No
86495713
Publication date
Opposition Filing
Date
04/19/2016
Applicant
12/22/2015
Applicant Information
Application No
86495716
Publication date
Opposition Filing
Date
04/19/2016
Applicant
12/22/2015
Applicant Information
Application No
86495720
Publication date
Opposition Filing
Date
04/19/2016
Applicant
12/22/2015
All goods and services in the class are opposed, namely: Meat, fish, poultry and game, not live;meat
extracts; preserved, frozen, driedand cooked fruits and vegetables; jellies, jams, compotes; eggs;
milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; cheese,
cheese and cracker combinations;potato based snack foods; fruit based snack foods; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; dried fruits; processed, prepared
and roasted nuts; jerky; dehydrated fruits; processed luncheon meats; meat; fish, not live; poultry;
seafood, not live; sausages; peanut butter; fruit preserves; canned olives and processed olives;
pickles; instant potatoes; flakedcoconut; soup mixes; dried beans; canned beans with meat and
canned beans without meat; canned vegetables; canned soups; canned fruits and bottled fruits;
cooking oils, vegetable oils; shortening, nondairy creamer; dips, excluding salsa and other sauces
used as dips; half and half, namely, milk and cream mixture; whipped cream; condensed and evaporated milk; sour cream; cottage cheese; butter; margarine; cream cheese; frozen vegetables; prepared potatoes and processed potatoes; frozen appetizers consisting primarily of meat, frozen appetizers consistingprimarily of chicken, frozen appetizersconsisting primarily of seafood, frozenappetizers consisting primarily of cheese, and frozen appetizers consisting primarily of vegetables; frozen
appetizers consisting primarily of jalapeno peppers; non-dairy whipped topping; frozen fruit; bagged
garden salads; potato salad; applesauce; frozen entrees consisting primarily of meat, frozen entrees
consisting primarily of fish, frozen entrees consisting primarily of poultry and frozen entrees consisting primarily of vegetables; fruit based pie filling for cakes andpies
Applicant Information
Application No
86495725
Publication date
Opposition Filing
Date
04/19/2016
Applicant
12/22/2015
Applicant Information
Application No
86513120
Publication date
Opposition Filing
Date
04/19/2016
Applicant
12/22/2015
comic books, strategy guides, photographs, commentary and interviews; presentation of live show
performances; fan clubs; amusement parks; and entertainment services in the nature of an amusement park attraction, namely, a themed area
3057061
Application Date
04/18/2002
Registration Date
02/07/2006
Foreign Priority
Date
NONE
Word Mark
MONSTER ENERGY
Design Mark
Description of
Mark
NONE
Goods/Services
Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
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 juiceor soy,
whether such products are pasteurized or not
U.S. Registration
No.
3134842
Application Date
05/07/2003
Registration Date
08/29/2006
Foreign Priority
Date
NONE
Word Mark
M MONSTER ENERGY
Design Mark
Description of
Mark
NONE
Goods/Services
Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
Beverages, namely, carbonated soft drinks, carbonated drinks enhanced with
vitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and noncarbonated ] 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
U.S. Registration
No.
3134841
Application Date
05/07/2003
Registration Date
08/29/2006
Foreign Priority
Date
NONE
Word Mark
M MONSTER ENERGY
Design Mark
Description of
Mark
NONE
Goods/Services
Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced
withvitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and
non-carbonated ] energy and sports drinks, fruit juice drinks having a juice content of 50% or less by volume that are shelf stable, [ and 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
U.S. Registration
No.
3044315
Application Date
05/23/2003
Registration Date
01/17/2006
Foreign Priority
Date
NONE
Word Mark
MONSTER ENERGY
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
beverage products that contain fruitjuice or soy, whether such products arepasteurized or not
U.S. Registration
No.
3044314
Application Date
05/23/2003
Registration Date
01/17/2006
Foreign Priority
Date
NONE
Word Mark
M MONSTER ENERGY
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
beverage products that contain fruitjuice or soy, whether such products arepasteurized or not
U.S. Registration
No.
4129288
Application Date
07/06/2010
Registration Date
04/17/2012
Foreign Priority
Date
NONE
Word Mark
MONSTER REHAB
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
Nutritional supplements in liquid form
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 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
U.S. Registration
No.
4111964
Application Date
08/24/2011
Registration Date
03/13/2012
Foreign Priority
Date
NONE
Word Mark
MONSTER REHAB
Design Mark
Description of
Mark
NONE
Goods/Services
Class 030. First use: First Use: 2011/02/00 First Use In Commerce: 2011/02/00
Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
4451535
Application Date
07/10/2013
Registration Date
12/17/2013
Foreign Priority
Date
NONE
Word Mark
MUSCLE MONSTER
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
Vitamin fortified beverages
Class 029. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee energy shakes; chocolate energy shakes
Class 030. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
Ready to drink coffee based beverages; ready to drink chocolate-based beverages
U.S. Registration
No.
4376796
Application Date
07/02/2010
Registration Date
07/30/2013
Foreign Priority
Date
NONE
Word Mark
MUSCLE MONSTER
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
Nutritional supplements in liquid form
Class 032. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
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
U.S. Registration
No.
3914828
Application Date
04/02/2009
Registration Date
02/01/2011
Foreign Priority
Date
NONE
Word Mark
M MONSTER ENERGY
Design Mark
Description of
Mark
The mark consists of a stylized letter "M" and the stylized words "MONSTER
ENERGY".
Goods/Services
Class 009. First use: First Use: 2006/01/00 First Use In Commerce: 2006/01/00
Sports helmets
U.S. Registration
No.
3908601
Application Date
04/02/2009
Registration Date
01/18/2011
Foreign Priority
Date
NONE
Word Mark
M MONSTER ENERGY
Design Mark
Description of
Mark
The mark consists of a stylized letter "M" and stylized words "MONSTER ENERGY".
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, sweat
shirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely,
hats and beanies
U.S. Registration
No.
3908600
Application Date
04/02/2009
Registration Date
01/18/2011
Foreign Priority
Date
NONE
Word Mark
M MONSTER ENERGY
Design Mark
Description of
Mark
The mark consists of a stylized letter "M" and stylized words "MONSTER ENERGY".
Goods/Services
Class 016. First use: First Use: 2004/01/00 First Use In Commerce: 2004/01/00
Stickers; sticker kits comprising stickers and decals; decals
U.S. Registration
No.
4269880
Application Date
06/14/2012
Registration Date
01/01/2013
Foreign Priority
Date
NONE
Word Mark
MONSTER CUBA-LIMA
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2012/09/04 First Use In Commerce: 2012/09/04
Nutritional supplements in liquid form
Class 032. First use: First Use: 2012/09/04 First Use In Commerce: 2012/09/04
Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with
juice, sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,
amino acids, and/or herbs, but excluding perishable beverage products that containfruit juice or soy, whether such products are pasteurized or not
U.S. Registration
No.
4147220
Application Date
07/16/2010
Registration Date
05/22/2012
Foreign Priority
Date
NONE
Word Mark
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2009/01/05 First Use In Commerce: 2009/01/05
Nutritional supplements in liquid form
Class 032. First use: First Use: 2009/01/05 First Use In Commerce: 2009/01/05
3966554
Application Date
01/30/2007
Registration Date
05/24/2011
Foreign Priority
Date
NONE
Word Mark
MONSTER M-80
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2007/03/00 First Use In Commerce: 2007/03/00
Nutritional supplements
U.S. Registration
No.
4634053
Application Date
11/15/2013
Registration Date
11/04/2014
Foreign Priority
Date
NONE
Word Mark
MONSTER ASSAULT
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
Nutritional supplements in liquid form;vitamin fortified beverages
Class 032. First use: First Use: 2008/05/00 First Use In Commerce: 2008/05/00
Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with
juice, sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,
amino acids, and/or herbs, but excluding perishable beverage products that con-
4716750
Application Date
02/24/2012
Registration Date
04/07/2015
Foreign Priority
Date
NONE
Word Mark
JUICE MONSTER
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2014/06/23 First Use In Commerce: 2014/06/23
Nutritional supplements in liquid form
Class 032. First use: First Use: 2014/06/23 First Use In Commerce: 2014/06/23
Non-alcoholic beverages, namely, energydrinks and drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, but excluding perishable
beverage products that contain fruit juice orsoy
U.S. Registration
No.
4604556
Application Date
11/22/2013
Registration Date
09/16/2014
Foreign Priority
Date
NONE
Word Mark
PUNCH MONSTER
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2014/01/09 First Use In Commerce: 2014/01/09
Nutritional supplements in liquid form;vitamin fortified beverages
Class 032. First use: First Use: 2014/01/09 First Use In Commerce: 2014/01/09
Non-alcoholic beverages, namely, energydrinks, 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
U.S. Registration
No.
4234456
Application Date
07/09/2010
Registration Date
10/30/2012
Foreign Priority
Date
NONE
Word Mark
UBERMONSTER
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2012/02/00 First Use In Commerce: 2012/02/00
Nutritional supplements in liquid form
Class 032. First use: First Use: 2012/02/00 First Use In Commerce: 2012/02/00
Beverages, namely, carbonated soft drinks; non-alcoholic carbonated soft drinksand 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
U.S. Registration
No.
4534414
Application Date
01/02/2013
Registration Date
05/20/2014
Foreign Priority
Date
NONE
Word Mark
Design Mark
Description of
Mark
NONE
Goods/Services
Class 005. First use: First Use: 2013/03/13 First Use In Commerce: 2013/03/13
Nutritional supplements in liquid form;vitamin fortified beverages
Class 032. First use: First Use: 2013/03/13 First Use In Commerce: 2013/03/13
Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, allenhanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude perishable beverage products that contain fruit juice orsoy,
whether such products are pasteurized or not
U.S. Registration
No.
3959457
Application Date
12/08/2005
Registration Date
05/10/2011
Foreign Priority
Date
NONE
Word Mark
JAVA MONSTER
Design Mark
Description of
Mark
NONE
Goods/Services
Class 032. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
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
U.S. Application
No.
85737720
Application Date
09/25/2012
Registration Date
NONE
Foreign Priority
Date
NONE
Word Mark
MONSTERCROSS
Design Mark
Description of
Mark
NONE
Goods/Services
U.S. Registration
No.
4036681
Application Date
09/11/2007
Registration Date
10/11/2011
Foreign Priority
Date
NONE
Word Mark
MONSTER ENERGY
Design Mark
Description of
Mark
NONE
Goods/Services
Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
products that contain fruit juice or soy
Attachments
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Consolidated.Notice.Of.Opposition.Final.With.Exhibits.pdf(2624813 bytes )
Certificate of Service
The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
record by First Class Mail on this date.
Signature
/Bruce B. Brunda/
Name
Bruce B. Brunda
Date
04/19/2016
Case: MNSTR-007M
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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Opposition No.:
Serial Nos.: 86/495,705, 86/495,708,
86/495,713, 86/495,716, 86/495,720,
86/495,725, 86/513,120
respectively, based on an alleged intent to use the mark in commerce, Applicant seeks to
obtain registration on the Principal Register of Applicants Mark for the goods and
services as set forth below (collectively, Applicants Goods and Services):
Serial No.
Filing Date
86/495,705
January 5, 2015
86/495,708
January 5, 2015
86/495,713
January 5, 2015
86/495,716
January 5, 2015
86/495,720
January 5, 2015
86/495,725
86/513,120
2.
Since at least 2002, long before the filing date of the presently opposed
application, Opposer has been, and still is, engaged in the development, licensing,
marketing, and sale of energy drinks, clothing, stickers, bags, helmets, clothing,
accessories, and numerous other products under the marks MONSTER and MONSTER
ENERGY and related marks, all containing MONSTER.
Opposers family of
Opposer has also used and continues to use its MONSTER Marks in
4.
Opposer has also used and continues to use certain of its MONSTER
Marks extensively in connection with, among other items, clothing, accessories, and
sports gear, including, for example t-shirts, hooded shirts, hooded sweatshirts, sweat
shirts, jackets, pants, bandanas, sweat bands, gloves, headgear, bags, stickers and decals.
Examples of some of Opposers clothing bearing Opposers MONSTER Marks are
shown below:
6.
There is a huge demand for t-shirts, hats, jackets, and other clothing, gear,
and merchandise bearing Opposers MONSTER Marks. Monster has entered into license
agreements with several clothing manufacturers, giving them a license to produce and
sell clothing that bears certain of Opposers MONSTER Marks. In the United States,
Opposer licensees have sold licensed apparel bearing Opposers MONSTER Marks to
consumers in all 50 states through their own websites and through nationwide retailers.
Those nationwide retailers have also sold the licensed apparel bearing Opposers
MONSTER Marks through their own websites. These licensees also sell the licensed
apparel bearing the MONSTER Marks throughout the world including on websites, in
retail stores, and at sporting events.
7.
Since at least before the filing date of the Applications, Opposer has
continuously used and promoted its MONSTER Marks. Opposers family of MONSTER
Marks is the subject of substantial and continuous marketing and promotion by Opposer
in connection with its beverages and numerous other items. 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; on apparel, merchandise, and on products samplings; on promotional and point of
9
social media pages dedicated to video game enthusiasts, as shown, for example, below:
9.
developed strong common law rights in Opposers MONSTER Marks, which have
appeared on billions of products and in extensive nationwide promotions. Opposers
10
common law rights in its family of MONSTER Marks predate the filing dates of the
Applications, and Opposer relies on its common law trademark rights.
10.
incontestable U.S. Trademark Registration No. 3,057,061 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 Opposers 061 Registration is prior to
the filing date of the Applications. True and correct copies of the specifics of the 061
Registration obtained from the PTOs TESS and Assignment databased are attached
hereto as Exhibit 1 and made of record.
11.
No. 3,134,842 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 Opposers 842
Registration is prior to the filing date of the Applications. True and correct copies of the
specifics of the 842 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 2 and made of record.
11
12.
carbonated soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or
herbs, carbonated energy and 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 Opposers 841
Registration is prior to the filing date of the Applications. True and correct copies of the
specifics of the 841 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 3 and made of record.
13.
No. 3,044,315 for the mark MONSTER ENERGY for 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 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 Opposers 315 Registration is prior to the filing date of
the Applications. True and correct copies of the specifics of the 315 Registration
obtained from the PTOs TESS and Assignment databases are attached hereto as Exhibit
4 and made of record.
14.
No. 3,044,314 for the mark M MONSTER ENERGY for nutritional supplements in
liquid form, but excluding perishable beverage products that contain fruit juice or soy,
12
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 Opposers 314 Registration is prior to the filing date of the
Applications. True and correct copies of the specifics of the 314 Registration obtained
from the PTOs TESS and Assignment databases are attached hereto as Exhibit 5 and
made of record.
15.
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 Opposers 681 Registration is
prior to the filing date of the Applications. True and correct copies of the specifics of the
681 Registration obtained from the PTOs TESS and Assignment databases are attached
hereto as Exhibit 6 and made of record.
16.
for the mark MONSTER REHAB for Nutritional supplements in liquid form in
International Class 5 and for Beverages, namely, non-alcoholic non-carbonated drinks
enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; noncarbonated 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 Opposers 288
Registration is prior to the filing date of the Applications. True and correct copies of the
13
specifics of the 288 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 7 and made of record.
17.
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 Opposers 964 Registration is prior to
the filing date of the Applications. True and correct copies of the specifics of the 964
Registration obtained from the PTOs TESS and Assignment databases are attached
hereto as Exhibit 8 and made of record.
18.
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 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 Opposers 535 Registration is prior to the
filing date of the Applications. True and correct copies of the specifics of the 535
Registration obtained from the PTOs TESS and Assignment databases are attached
hereto as Exhibit 9 and made of record.
19.
for the mark MUSCLE MONSTER for Nutritional supplements in liquid form in
International Class 5, and Beverages, namely, soft drinks; non-alcoholic and noncarbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids
14
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 Opposers
796 Registration is prior to the filing date of the Applications. True and correct copies of
the specifics of the 796 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 10 and made of record.
20.
registration issued February 1, 2011 and is based on an application filed in the PTO on
April 2, 2009. The filing date of Opposers 828 Registration is prior to the filing date of
the Applications. True and correct copies of the specifics of the 828 Registration
obtained from the PTOs TESS and Assignment databases are attached hereto as Exhibit
11 and made of record.
21.
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. The
filing date of Opposers 601 Registration is prior to the filing date of the Applications.
True and correct copies of the specifics of the 601 Registration obtained from the PTOs
TESS and Assignment databases are attached hereto as Exhibit 12 and made of record.
15
22.
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 Opposers
600 Registration is prior to the filing date of the Applications. True and correct copies of
the specifics of the 600 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 13 and made of record.
23.
for the mark MONSTER CUBA-LIMA for nutritional supplements in liquid form 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 beverage products that
contain fruit juice or soy, whether such products are pasteurized or not in International
Class 32, which registration issued January 1, 2013 and is based on an application filed in
the PTO on June 14, 2012. The filing date of Opposers 880 Registration is prior to the
filing date of the Applications. True and correct copies of the specifics of the 880
Registration obtained from the PTOs TESS and Assignment databases are attached
hereto as Exhibit 14 and made of record.
24.
for the mark MONSTER ENERGY BFC for nutritional supplements in liquid form in
International Class 5 and beverages, namely, carbonated soft drinks; carbonated and
non-carbonated soft drinks and energy drinks enhanced with vitamins, minerals,
nutrients, proteins, amino acids and/or herbs; carbonated and non-carbonated energy
16
drinks and 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 May 22, 2012 and is based on an
application filed in the PTO on July 16, 2010. The filing date of Opposers 220
Registration is prior to the filing date of the Applications. True and correct copies of the
specifics of the 220 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 15 and made of record.
25.
for the mark MONSTER M-80 for nutritional supplements in International Class 5,
which registration issued May 24, 2011 and is based on an application filed in the PTO
on January 30, 2007. The filing date of Opposers 554 Registration is prior to the filing
date of the Applications. True and correct copies of the specifics of the 554 Registration
obtained from the PTOs TESS and Assignment databases are attached hereto as Exhibit
16 and made of record.
26.
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 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
Opposers 053 Registration is prior to the filing date of the Applications. True and
17
correct copies of the specifics of the053 Registration obtained from the PTOs TESS and
Assignment databases are attached hereto as Exhibit 17 and made of record.
27.
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 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 filing date of Opposers 750 Registration is prior to the filing
date of the Applications. True and correct copies of the specifics of the750 Registration
obtained from the PTOs TESS and Assignment databases are attached hereto as Exhibit
18 and made of record.
28.
for the mark PUNCH MONSTER for nutritional supplements in liquid form in
International Class 5 and for 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 Opposers 556 Registration is prior to the filing date of the
Applications. True and correct copies of the specifics of the 556 Registration obtained
from the PTOS TESS and Assignment databases are attached hereto as Exhibit 19 and
made of record.
18
29.
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 perishable beverage
products that contain fruit juice or soy, whether such products are 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 Opposers 414
Registration is prior to the filing date of the Applications. True and correct copies of the
specifics of the 414 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 21 and made of record.
19
31.
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 on
May 10, 2011 and is based on an application filed in the PTO on December 8, 2005. The
filing date of Opposers 457 Registration is prior to the filing date of the Applications.
True and correct copies of the specifics of the 457 Registration obtained from the PTOs
TESS and Assignment databases are attached hereto as Exhibit 22 and made of record.
32.
Opposer has applied for United States Trademark Application Serial No.
85/737,720 for the mark MONSTERCROSS for Entertainment services in the nature of
live events, competitions and exhibitions featuring motor sports, motocross, supercross,
freestyle motocross, freestyle supercross, and other motor sports events in International
Class 41, which application was filed on September 25, 2012. The filing date of
Opposers 720 trademark application is prior to the filing date of the Applications. True
and correct copies of the specifics for the 720 trademark application obtained from the
PTOs TESS and Assignment databases are attached hereto as Exhibit 23 and made of
record.
33.
registrations thereof, and of Opposers ownership of the marks shown therein. Opposers
registrations also constitute notice to Applicant of Opposers claim of ownership of the
marks shown therein as provided in Sections 7(b), 22 and 33(a) of the Trademark Act.
34.
As such, they
constitute conclusive evidence of the validity of the registered marks and of the
registration of the marks, of Opposers ownership of its marks, and of Opposers
exclusive right to use the registered marks in commerce as provided in Section 33 of the
Lanham Act, 15 U.S.C. 1115.
35.
Since at least before the filing date of the Applications, Opposer has
continuously used and promoted the MONSTER Marks shown in Exhibits 1-22 in
interstate commerce in connection with its goods, including the goods identified in such
Registrations. By virtue of Opposers continuous and substantial use, these marks have
become famous identifiers of Opposer and its goods, and distinguish Opposers goods
from the goods of others. As a result, Opposer has built up, at great expense and effort,
valuable goodwill in the MONSTER Marks.
36.
covering the goods and services in Classes 9, 16, 25, 28, 29, 30 and 41 as set forth in the
Applications. As such, if a registration issues for the Applications, such registration will
constitute prima facie evidence of Applicants exclusive right to use the registered marks
in commerce on or in connection with the listed goods and services throughout the United
States with no limitation thereon.
37.
registered in the United States Patent and Trademark Office, and in which Opposer owns
common law trademark rights, as to be likely, when used on or in connection with
Applicants Goods and Services, 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).
38.
By:/Bruce B. Brunda/
Bruce B. Brunda, Reg. No. 28,497
75 Enterprise, Suite 250
Aliso Viejo, CA 92656
(949) 855-1246
Counsel for Opposer
Monster Energy Company
22
PROOF OF SERVICE
State of California
County of Orange
)
) ss.
)
I am over the age of 18 and not a party to the within action; my business address
is 75 Enterprise, Suite 250, Aliso Viejo, California 92656. On April 19, 2016, the
attached CONSOLIDATED NOTICE OF OPPOSITION was served on all interested
parties in this action by U.S. Mail, postage prepaid, at the address as follows:
Monique Cheng Joe
Universal City Studios LLC
100 Universal City Plaza
Universal City, CA 91608
Executed on April 19, 2016 at Aliso Viejo, California. I declare under penalty of
perjury that the above is true and correct. I declare that I am employed in the office of
STETINA BRUNDA GARRED & BRUCKER at whose direction service was made.
/Tara Hamilton/
Tara Hamilton
23
Exhibit 1
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.3.1
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Word Mark
MONSTER ENERGY
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
Current Basis
1A
Original Filing
1A
Basis
Published for
Opposition
Registration
Number
3057061
Registration
Date
February 7, 2006
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
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Diane M. Reed
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
Renewal
Live/Dead
Indicator
LIVE
&HOME
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Exhibit 1 Page 1 of 3
2 of 2
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4/12/2016 9:53 AM
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Word Mark
M MONSTER ENERGY
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 IN
COMMERCE: 20020418
Mark Drawing
Code
May 7, 2003
Current Basis
1A
Original Filing
1A
Basis
Published for
Opposition
June 6, 2006
Registration
Number
3134842
Registration
Date
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
1 of 2
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Diane M. Reed
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
Renewal
Live/Dead
Indicator
LIVE
4/12/2016 9:55 AM
Exhibit 2 Page 1 of 3
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Word Mark
M MONSTER ENERGY
Goods and
Services
IC 032. US 045 046 048. G & S: Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced with vitamins,
minerals, nutrients, amino acids and/or herbs, carbonated [ and non-carbonated ] energy and sports drinks, fruit juice drinks
having a juice content of 50% or less by volume that are shelf stable, [ and 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
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Code
Serial Number 78246567
Filing Date
May 7, 2003
Current Basis 1A
Original Filing
1A
Basis
Published for
Opposition
June 6, 2006
Registration
Number
3134841
Registration
Date
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
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Diane M. Reed
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
Description of
Color is not claimed as a feature of the mark.
Mark
1 of 2
Type of Mark
TRADEMARK
Register
PRINCIPAL
4/12/2016 9:56 AM
Exhibit 3 Page 1 of 3
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Word Mark
MONSTER ENERGY
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
Serial Number
78253933
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
September 7, 2004
Change In
Registration
Registration
Number
3044315
(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
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Diane M. Reed
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
Renewal
Live/Dead
Indicator
LIVE
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1 of 2
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2 of 2
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4/12/2016 9:57 AM
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Word Mark
M MONSTER ENERGY
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
Serial Number
78253930
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Change In
Registration
Registration
Number
3044314
(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
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
DIANE M. REED
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
Renewal
Live/Dead
Indicator
LIVE
&HOME
1 of 2
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2 of 2
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4/12/2016 9:58 AM
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Word Mark
MONSTER ENERGY
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
Serial Number
77276989
Filing Date
Current Basis
1A
Registration
Number
4036681
Registration Date
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
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of Record
Diane M. Reed
Prior Registrations
3044314;3044315;3057061;3134841;3134842
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
1 of 2
4/12/2016 9:58 AM
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Exhibit 7
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Word Mark
MONSTER REHAB
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 USE IN COMMERCE:
20110302
Standard
Characters
Claimed
1 of 2
Mark Drawing
Code
Serial Number
85078405
Filing Date
July 6, 2010
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4129288
Registration
Date
Owner
(REGISTRANT) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Alina S. Morris
Prior
Registrations
3057061;3134842;3353473;AND OTHERS
Type of Mark
TRADEMARK
4/12/2016 9:59 AM
Exhibit 7 Page 1 of 3
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
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Exhibit 8
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Word Mark
MONSTER REHAB
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 Code
Serial Number
85406210
Filing Date
Current Basis
1A
Owner
(REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA
92879
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of Record
Diane M. Reed
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead Indicator
LIVE
&HOME
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Exhibit 8 Page 1 of 3
2 of 2
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4/12/2016 9:59 AM
Exhibit 8 Page 2 of 3
http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...
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Exhibit 9
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Word Mark
MUSCLE MONSTER
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
1 of 2
Serial Number
86006264
Filing Date
Current Basis
1A
1A
Published for
Opposition
October 1, 2013
Registration Number
4451535
International
Registration Number
1209858
Registration Date
Owner
(REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA
92879
Attorney of Record
Diane M. Reed
Prior Registrations
3966554;4036680;AND OTHERS
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead Indicator
LIVE
4/12/2016 10:00 AM
Exhibit 9 Page 1 of 3
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Exhibit 10
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Word Mark
MUSCLE MONSTER
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20130318. FIRST USE IN
COMMERCE: 20130318
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 Number
85077052
Filing Date
July 2, 2010
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4376796
International
Registration
Number
1209858
1 of 2
(REGISTRANT) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA
92879
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Alina S. Morris
4/12/2016 10:01 AM
Exhibit 10 Page 1 of 3
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.12.1
Prior
Registrations
3044314;3057061;3134842;AND OTHERS
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
&HOME
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Exhibit 10 Page 2 of 3
http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...
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Exhibit 11
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Word Mark
M MONSTER ENERGY
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 Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Trademark Search LETS-1 M A single letter, multiples of a single letter or in combination with a design
Facility
SHAPES-BAR-BANDS Designs with bar, bands or lines
Classification Code SHAPES-MISC Miscellaneous shaped designs
Serial Number
77705362
Filing Date
April 2, 2009
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
June 9, 2009
Registration
Number
3914828
International
Registration
Number
1048069
Registration Date
February 1, 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
Assignment
Recorded
ASSIGNMENT RECORDED
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 the stylized words "MONSTER
ENERGY".
Type of Mark
1 of 2
TRADEMARK
4/12/2016 10:13 AM
Exhibit 11 Page 1 of 3
Register
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.16.1
PRINCIPAL
&HOME
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Exhibit 11 Page 2 of 3
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Exhibit 12
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Word Mark
M MONSTER ENERGY
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
LETS-1 M A single letter, multiples of a single letter or in combination with a design
Facility
SHAPES-MISC Miscellaneous shaped designs
Classification Code
Serial Number
77705822
Filing Date
April 2, 2009
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
3908601
International
Registration
Number
1048069
Registration Date
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
Assignment
Recorded
ASSIGNMENT RECORDED
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".
1 of 2
4/12/2016 10:13 AM
Exhibit 12 Page 1 of 3
Type of Mark
TRADEMARK
Register
PRINCIPAL
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Exhibit 12 Page 2 of 3
http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...
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Exhibit 12 Page 3 of 3
Exhibit 13
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Word Mark
M MONSTER ENERGY
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 Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Trademark Search LETS-1 M A single letter, multiples of a single letter or in combination with a design
Facility
SHAPES-BAR-BANDS Designs with bar, bands or lines
Classification Code SHAPES-MISC Miscellaneous shaped designs
Serial Number
77705747
Filing Date
April 2, 2009
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
3908600
International
Registration
Number
1048069
Registration Date
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
Assignment
Recorded
ASSIGNMENT RECORDED
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
1 of 2
TRADEMARK
4/12/2016 10:14 AM
Exhibit 13 Page 1 of 3
Register
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.18.1
PRINCIPAL
&HOME
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Exhibit 13 Page 2 of 3
http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...
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Exhibit 13 Page 3 of 3
Exhibit 14
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Word Mark
MONSTER CUBA-LIMA
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20120904. FIRST USE IN
COMMERCE: 20120904
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 perishable
beverage products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE: 20120904.
FIRST USE IN COMMERCE: 20120904
Standard
Characters
Claimed
1 of 2
Mark Drawing
Code
Serial Number
85652401
Filing Date
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4269880
Registration
Date
January 1, 2013
Owner
(REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
Attorney of
Record
Diane M. Reed
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
4/18/2016 9:53 AM
Exhibit 14 Page 1 of 3
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http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...
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Exhibit 15
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Word Mark
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20090105. FIRST USE IN
COMMERCE: 20090105
IC 032. US 045 046 048. G & S: Beverages, namely, carbonated soft drinks; carbonated and non-carbonated soft drinks and
energy drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; carbonated and
non-carbonated energy drinks and 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: 20090105. FIRST USE IN COMMERCE: 20090105
Standard
Characters
Claimed
1 of 2
Mark Drawing
Code
Serial Number
85086121
Filing Date
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4147220
Registration
Date
Owner
(REGISTRANT) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Alina S. Morris
Prior
Registrations
3044314;3057061;3134842;AND OTHERS
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN
4/18/2016 9:56 AM
Exhibit 15 Page 1 of 3
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.3.1
&HOME
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Exhibit 15 Page 2 of 3
http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...
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Exhibit 15 Page 3 of 3
Exhibit 16
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Word Mark
MONSTER M-80
Translations
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements. FIRST USE: 20070300. FIRST USE IN
COMMERCE: 20070300
Standard Characters
Claimed
Mark Drawing Code
Serial Number
77095055
Filing Date
Current Basis
1A
1B
Registration Number
3966554
Registration Date
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
Assignment Recorded
ASSIGNMENT RECORDED
Attorney of Record
Diane M. Reed
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead Indicator
LIVE
&HOME
1 of 2
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4/18/2016 10:06 AM
Exhibit 16 Page 1 of 3
2 of 2
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Exhibit 16 Page 3 of 3
Exhibit 17
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Word Mark
MONSTER ASSAULT
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form; vitamin fortified beverages. FIRST
USE: 20080500. FIRST USE IN COMMERCE: 20080500
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 perishable
beverage products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE: 20080500.
FIRST USE IN COMMERCE: 20080500
Standard
Characters
Claimed
Mark Drawing
Code
Serial Number
86120138
Filing Date
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
January 7, 2014
Registration
Number
4634053
1 of 2
Owner
(REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
Attorney of
Record
Diane M. Reed
Prior
Registrations
3357068;3924797;3949989
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
4/18/2016 10:07 AM
Exhibit 17 Page 1 of 3
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Exhibit 17 Page 2 of 3
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Exhibit 17 Page 3 of 3
Exhibit 18
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Word Mark
JUICE MONSTER
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20140623. FIRST USE
IN COMMERCE: 20140623
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 Number
85552165
Filing Date
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4716750
Registration Date
April 7, 2015
Owner
(REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
1 of 2
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JUICE" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
4/18/2016 10:08 AM
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Exhibit 18 Page 2 of 3
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Exhibit 18 Page 3 of 3
Exhibit 19
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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 USE:
20140109. FIRST USE IN COMMERCE: 20140109
IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks, energy drinks flavored with juice, fruitflavored 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. FIRST USE: 20140109. FIRST USE IN COMMERCE: 20140109
Standard
Characters
Claimed
1 of 2
Mark Drawing
Code
Serial Number
86127407
Filing Date
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
July 1, 2014
Registration
Number
4604556
Registration
Date
Owner
(REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
Attorney of
Record
Diane M. Reed
Prior
Registrations
3852123;3948164;3966554;AND OTHERS
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PUNCH" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
4/18/2016 10:09 AM
Exhibit 19 Page 1 of 3
Live/Dead
Indicator
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LIVE
&HOME
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Exhibit 19 Page 2 of 3
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Exhibit 19 Page 3 of 3
Exhibit 20
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UBERMONSTER
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form. FIRST USE: 20120200. FIRST USE IN
COMMERCE: 20120200
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 Number
85081796
Filing Date
July 9, 2010
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4234456
Registration
Date
Owner
1 of 2
(REGISTRANT) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA
92879
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Alina S. Morris
Prior
Registrations
3044314;3057061;3134842;AND OTHERS
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
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Exhibit 20 Page 2 of 3
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Exhibit 20 Page 3 of 3
Exhibit 21
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Word Mark
Goods and
Services
IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements in liquid form; vitamin fortified beverages. FIRST
USE: 20130313. FIRST USE IN COMMERCE: 20130313
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 products
that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE: 20130313. FIRST USE IN
COMMERCE: 20130313
Standard
Characters
Claimed
Mark Drawing
Code
Serial Number
85813927
Filing Date
January 2, 2013
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
4534414
1 of 2
Owner
(REGISTRANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
Attorney of
Record
Diane M. Reed
Prior
Registrations
3852123;3948164;3966554;AND OTHERS
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" AND "BLUE" APART FROM THE MARK AS
SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
4/18/2016 10:11 AM
Exhibit 21 Page 1 of 3
Live/Dead
Indicator
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LIVE
&HOME
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Exhibit 21 Page 2 of 3
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Exhibit 21 Page 3 of 3
Exhibit 22
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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 pasteurized or
not. FIRST USE: 20070427. FIRST USE IN COMMERCE: 20070427
Standard
Characters
Claimed
Mark Drawing
Code
Serial Number
78769836
Filing Date
December 8, 2005
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
3959457
(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
1 of 2
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Diane M. Reed
Prior
Registrations
3044314;3044315
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JAVA" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
4/19/2016 9:15 AM
Exhibit 22 Page 1 of 3
Register
PRINCIPAL
Live/Dead
Indicator
LIVE
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Exhibit 22 Page 2 of 3
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Exhibit 22 Page 3 of 3
Exhibit 23
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Word Mark
MONSTERCROSS
Goods and
Services
IC 041. US 100 101 107. G & S: Entertainment services in the nature of live events, competitions and exhibitions
featuring motor sports, motocross, supercross, freestyle motocross, freestyle supercross, and other motor sports events
Standard
Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number
85737720
Filing Date
Current Basis
1B
Original Filing
Basis
1B
Published for
Opposition
Owner
(APPLICANT) Monster Energy Company CORPORATION DELAWARE 1 Monster Way Corona CALIFORNIA 92879
SERVICE MARK
Register
PRINCIPAL
&HOME
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Exhibit 23 Page 1 of 2
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Exhibit 23 Page 2 of 2