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

gov
ESTTA Tracking number:
Filing date:

ESTTA740918
04/19/2016

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE


BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Notice of Opposition
Notice is hereby given that the following party opposes registration of the indicated application.

Opposer Information
Name

Monster Energy Company

Granted to Date
of previous 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

Opposition Period Ends

04/20/2016

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

Goods/Services Affected by Opposition


Class 009. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Pre-recorded media, namely, digital, audio,
and video tapes and discs, CDs, DVDs, and MP3-players featuring books, music, movies and other
entertainment audio-visual programming in the field of drama, action, adventure, romance, comedy,
documentaries, science fiction, horror andanimation; downloadable motion picturesand audio-visual
entertainment programsin the field of drama, action, adventure, romance, comedy, documentaries,
science fiction, horror and animation; downloadable ring tones, computer screen saversoftware, images, and music files via aglobal computer network and wireless communication devices; downloadable videosvia a global computer network and wireless communication devices in the field of drama,
action, adventure, romance, comedy, documentaries, science fiction, horror and animation; downloadable computer, video and electronic game programs andsoftware via a global computer network
and wireless communication devices; downloadable interactive computer, video andelectronic game
programs and software via a global computer network and wireless communication devices; computer, videoand electronic game programs, software,cartridges, and memory cards; interactive computer, video and electronic game programs, software, cartridges, and memory cards; computer software game applications for mobile phones and tablets; computer screen saver software; downloadableelectronic publications, namely, a series of fiction books; mouse pads; protective carrying cases
adapted for portable music players; protective covers and cases for mobile phones, tablets, and

PDAs;speakers, audio headphones and earbuds;computer storage devices, namely, blankflash


drives; calculating machines; decorative magnets; kitchen magnets; sunglasses; 3-D glasses; swim
masks; downloadable computer game software for use on mobile and cellular phones; mobile phone
accessories, namely, battery chargers, headphones, speakers, cases, protective covers, protective
display screen covers, wired and wireless ear buds, microphonesand hands-free devices

Applicant Information
Application No

86495708

Publication date

Opposition Filing
Date

04/19/2016

Opposition Period Ends

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

12/22/2015

Goods/Services Affected by Opposition


Class 016. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Paper and cardboard products, namely, address labels, adhesive labels, adhesivenote paper, adhesive notepads, agendas,appointment books,
art pictures, art prints, bathroom tissue, blank cards, blank note cards, blank notebooks, blank or partially printed paper labels, book covers, bookmarkers, book-cover paper, cardboard hang tags, children's wall stickers and murals, Christmas cards, children's arts and crafts paper kits, coasters made
of paper, coasters of cardboard, craft paper, daily planners, decorative paper centerpieces, engagement books, envelopes, facial tissue, flags and pennants of paper, graphic prints and representations, hand towels of paper, holiday cards, illustrated notepads, letter paper, memo blocks, note
cards, notepads, occasion cards, paper bags and sacks, paper banners, paper gift cards, paper gift
tags, paper hang tags, paper note tablets, paper party bags, paper party decorations, paper cake
decorations, paper cake toppers, paper serviettes, paper table linens, paper tissues, paper towels,
party favor gift boxes sold empty, party goodiebags of paper, party ornaments of paper, picture
books, picture postcards and printed paper signs; school supply kits containing various combinations
of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers,
markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil sharpeners, writing
grips, glue and book marks; paper party supplies, namely, paper napkins, paper placemats, paper gift
wrap and paper gift wrapping ribbons, paper table cloths and paper party bags; stationery; writing instruments; pens, pencils, markers; crayons; modeling materials and compounds for use by children;
arts and crafts paint kits; school supplies, namely, writing instruments, pens, pencils, mechanical
pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil
sharpeners, writing grips, glue for stationery purpose; office requisites, namely, staplers, staple removers; paper clips; drawing rulers; gluefor stationery or household use; pen and pencil cases;
erasers; pencil sharpeners; decorative pencil top ornaments; writing slates; adhesives for stationery
orhousehold purposes; rubber stamps; stamp pads; photographs and posters; paper party goods,
namely, napkins and decorations; paper gift wrap; books, magazines, and graphic books in the field
of animation, cartoons, drama, action, adventure,science-fiction, romance and suspense; children's
story and activity books; albums for scrapbooks, stickers, sketchbooks and photographs; note pad
and writing instrument sets

Applicant Information
Application No

86495713

Publication date

Opposition Filing
Date

04/19/2016

Opposition Period Ends

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

12/22/2015

Goods/Services Affected by Opposition


Class 025. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Clothing, namely, T-shirts, blouses, tank
tops, skirts, trousers, jeans, pants,shorts, skorts, overalls, jumpers, rompers, dresses, sweaters, jackets, blazers, coats, ponchos, scarves, stoles, shawls, socks, tights, leotards, stockings, leggings, leg
warmers, slipper socks, ties, bow ties, pocket squares, suspenders,belts, aprons, undershirts, underpants,underwear, snow suits, snow pants, ear muffs; sleepwear; loungewear; swimwear; rainwear;
footwear; headwear; Halloween costumes

Applicant Information
Application No

86495716

Publication date

Opposition Filing
Date

04/19/2016

Opposition Period Ends

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

12/22/2015

Goods/Services Affected by Opposition


Class 028. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Toys, games and playthings, namely, target
action games; action figures and accessories therefor; playsets for action figures; battery operated
action toys; toy pistols, target sets; miniature die cast vehicles; toy airplanes and helicopters; battery
operated remote controlled toy vehicles; flying disks; toy train sets; play shaving kits; balls for games;
balls for sports; inflatable bop bags; toy model hobby craft kits for constructing two- and threedimensional positionable toy figures; sporting articles, namely, target sets for sporting use, inflatable
punching bags, athletic protective elbow pads for skateboarding, athletic protective knee pads for
skateboarding, bowling bags, bowling ball covers, bowling gloves, elbow guards for athletic use and
elbow pads for athletic use; skateboards; ice skates; roller-skates; kites; yo-yos; pinball and arcade
game machines; hand held units for playing electronic games; stand alone video output game machines; surfboards; swim fins; swim floatsfor recreational use; collectible toy figures; vinyl toy figures;
balloons; toybuilding blocks; playing cards; board games, card games; memory games; cognitive skill
games; parlor games; party games; role playing games; costume masks; puzzles; marbles; indoor
slumber and play tents; bathtub toys; drawing toys; musical toys; plush toys; pull toys; sand toys;
squeeze toys; stuffed toys; talking toys; water squirting toys; wind-up toys; hand puppets; sit-in and
ride-on toy vehicles; toy banks; toy bakeware and toy cookware; bubble-making wand and solutionsets; party favors in the nature of small toys, crackers and noisemakers; streamers; paper party hats;
pinatas; bobblehead dolls; dolls and accessories therefor; playsets for dolls; doll clothing; doll
houses; clothing for stuffed and plush toys; play cosmetics for children; pettoys; Christmas tree ornaments and decorations, excluding confectionery and illumination articles; snow globes; egg decorating kits; amusement park rides

Applicant Information
Application No

86495720

Publication date

Opposition Filing
Date

04/19/2016

Opposition Period Ends

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

Goods/Services Affected by Opposition


Class 029. First Use: 0 First Use In Commerce: 0

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

Opposition Period Ends

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

12/22/2015

Goods/Services Affected by Opposition


Class 030. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Coffee, tea, cocoa and artificial coffee; rice;
tapioca and sago; flour; bread,pastry and confectionery made of sugar;edible ices; sugar, honey,
treacle; yeast, baking-powder; salt; mustard; vinegar, sauces used as condiments; spices; ice; cookies and crackers; ice cream, ice milk, frozen yogurt, dessert pudding, frozen confections and candies,
chewing gum and bubble gum, and breakfast cereals

Applicant Information
Application No

86513120

Publication date

Opposition Filing
Date

04/19/2016

Opposition Period Ends

Applicant

Universal City Studios LLC


100 Universal City Plaza
Universal City, CA 91608
UNITED STATES

12/22/2015

Goods/Services Affected by Opposition


Class 041. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Entertainment services, namely, production
and distribution of motion pictures,videos in the field of drama, action, adventure, romance, comedy,
documentaries, science fiction, horror and animation,and television programs; provision of nondownloadable videos and images via a video-on-demand service; providing temporary use of nondownloadable video games; electronic publishing services, namely, publication of text and graphic
works of others online featuring entertainment, science fiction and animation, novelizations, scripts,

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

Grounds for Opposition


Priority and likelihood of confusion

Trademark Act section 2(d)

Marks Cited by Opposer as Basis for Opposition


U.S. Registration
No.

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

tea, iced tea and tea based beverages


U.S. Registration
No.

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

MONSTER ENERGY BFC

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

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
U.S. Registration
No.

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-

tainfruit juice or soy, whether such products are pasteurized or not


U.S. Registration
No.

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

MONSTER ENERGY ULTRA BLUE

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

Class 041. First use: First Use: 0 First Use In Commerce: 0


Entertainment services in the nature oflive events, competitions and exhibitions
featuring motor sports, motocross, supercross, freestyle motocross, freestylesupercross, and other motor sports events

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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Monster Energy Company,


Opposer
vs.
Universal City Studios LLC,
Applicant

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

CONSOLIDATED NOTICE OF OPPOSITION


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 Nos. 86/495,705, 86/495,708,
86/495,713, 86/495,716, 86/495,720, 86/495,725, 86/513,120 (the Applications) for the
mark MONSTERVILLE filed by Universal City Studios LLC (Applicant) and
therefore opposes the same (Opposition).
The grounds for this Opposition are as follows:
1.

By the Applications filed on January 5, 2015 and January 23, 2015,

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

Goods and Services

86/495,705

January 5, 2015

Class 9: Pre-recorded media, namely, digital, audio,


and video tapes and discs, CDs, DVDs, and MP3players featuring books, music, movies and other
entertainment audio-visual programming in the field
of drama, action, adventure, romance, comedy,
1

86/495,708

January 5, 2015

documentaries, science fiction, horror and animation;


downloadable motion pictures and audio-visual
entertainment programs in the field of drama, action,
adventure, romance, comedy, documentaries, science
fiction, horror and animation; downloadable ring
tones, computer screen saver software, images, and
music files via a global computer network and
wireless communication devices; downloadable
videos via a global computer network and wireless
communication devices in the field of drama, action,
adventure, romance, comedy, documentaries, science
fiction, horror and animation; downloadable
computer, video and electronic game programs and
software via a global computer network and wireless
communication devices; downloadable interactive
computer, video and electronic game programs and
software via a global computer network and wireless
communication devices; computer, video and
electronic game programs, software, cartridges, and
memory cards; interactive computer, video and
electronic game programs, software, cartridges, and
memory cards; computer software game applications
for mobile phones and tablets; computer screen saver
software; downloadable electronic publications,
namely, a series of fiction books; mouse pads;
protective carrying cases adapted for portable music
players; protective covers and cases for mobile
phones, tablets, and PDAs; speakers, audio
headphones and earbuds; computer storage devices,
namely, blank flash drives; calculating machines;
decorative magnets; kitchen magnets; sunglasses; 3-D
glasses; swim masks; downloadable computer game
software for use on mobile and cellular phones.
mobile phone accessories, namely, battery chargers,
headphones, speakers, cases, protective covers,
protective display screen covers, wired and wireless
ear buds, microphones and hands-free devices
Class 16: Paper and cardboard products, namely,
address labels, adhesive labels, adhesive note paper,
adhesive notepads, agendas, appointment books, art
pictures, art prints, bathroom tissue, blank cards,
blank note cards, blank notebooks, blank or partially
printed paper labels, book covers, bookmarkers,
book-cover paper, cardboard hang tags, children's
wall stickers and murals, Christmas cards, children's
arts and crafts paper kits, coasters made of paper,
coasters of cardboard, craft paper, daily planners,
decorative paper centerpieces, engagement books,
2

86/495,713

January 5, 2015

envelopes, facial tissue, flags and pennants of paper,


graphic prints and representations, hand towels of
paper, holiday cards, illustrated notepads, letter paper,
memo blocks, note cards, notepads, occasion cards,
paper bags and sacks, paper banners, paper gift cards,
paper gift tags, paper hang tags, paper note tablets,
paper party bags, paper party decorations, paper cake
decorations, paper cake toppers, paper serviettes,
paper table linens, paper tissues, paper towels, party
favor gift boxes sold empty, party goodie bags of
paper, party ornaments of paper, picture books,
picture postcards and printed paper signs; school
supply kits containing various combinations of
selected school supplies, namely, writing instruments,
pens, pencils, mechanical pencils, erasers, markers,
crayons, highlighter pens, folders, notebooks, paper,
paper clips, pencil sharpeners, writing grips, glue and
book marks; paper party supplies, namely, paper
napkins, paper placemats, paper gift wrap and paper
gift wrapping ribbons, paper table cloths and paper
party bags; stationery; writing instruments; pens,
pencils, markers; crayons; modeling materials and
compounds for use by children; arts and crafts paint
kits. school supplies, namely, writing instruments,
pens, pencils, mechanical pencils, erasers, markers,
crayons, highlighter pens, folders, notebooks, paper,
paper clips, pencil sharpeners, writing grips, glue for
stationery purpose; office requisites, namely, staplers,
staple removers; paper clips; drawing rulers; glue for
stationery or household use; pen and pencil cases;
erasers; pencil sharpeners; decorative pencil top
ornaments; writing slates; adhesives for stationery or
household purposes; rubber stamps; stamp pads;
photographs and posters; paper party goods, namely,
napkins and decorations; paper gift wrap; books,
magazines, and graphic books in the field of
animation, cartoons, drama, action, adventure,
science-fiction, romance and suspense; children's
story and activity books; albums for scrapbooks,
stickers, sketchbooks and photographs; note pad and
writing instrument sets
Class 25: Clothing, namely, T-shirts, blouses, tank
tops, skirts, trousers, jeans, pants, shorts, skorts,
overalls, jumpers, rompers, dresses, sweaters, jackets,
blazers, coats, ponchos, scarves, stoles, shawls, socks,
tights, leotards, stockings, leggings, leg warmers,
slipper socks, ties, bow ties, pocket squares,
suspenders, belts, aprons, undershirts, underpants,
3

86/495,716

January 5, 2015

86/495,720

January 5, 2015

underwear, snow suits, snow pants, ear muffs;


sleepwear; loungewear; swimwear; rainwear;
footwear; headwear; Halloween costumes
Class 28: Toys, games and playthings, namely, target
action games; action figures and accessories therefor;
playsets for action figures; battery operated action
toys; toy pistols, target sets; miniature die cast
vehicles; toy airplanes and helicopters; battery
operated remote controlled toy vehicles; flying disks;
toy train sets; play shaving kits; balls for games; balls
for sports; inflatable bop bags; toy model hobby craft
kits for constructing two- and three-dimensional
positionable toy figures; sporting articles, namely,
target sets for sporting use, inflatable punching bags,
athletic protective elbow pads for skateboarding,
athletic protective knee pads for skateboarding,
bowling bags, bowling ball covers, bowling gloves,
elbow guards for athletic use and elbow pads for
athletic use; skateboards; ice skates; roller-skates;
kites; yo-yos; pinball and arcade game machines;
hand held units for playing electronic games; stand
alone video output game machines; surfboards; swim
fins; swim floats for recreational use; collectible toy
figures; vinyl toy figures; balloons; toy building
blocks; playing cards; board games, card games;
memory games; cognitive skill games; parlor games;
party games; role playing games; costume masks;
puzzles; marbles; indoor slumber and play tents;
bathtub toys; drawing toys; musical toys; plush toys;
pull toys; sand toys; squeeze toys; stuffed toys;
talking toys; water squirting toys; wind-up toys; hand
puppets; sit-in and ride-on toy vehicles; toy banks;
toy bakeware and toy cookware; bubble-making
wand and solution sets; party favors in the nature of
small toys, crackers and noisemakers; streamers;
paper party hats; pinatas; bobblehead dolls; dolls and
accessories therefor; playsets for dolls. doll clothing;
doll houses; clothing for stuffed and plush toys; play
cosmetics for children; pet toys; Christmas tree
ornaments and decorations, excluding confectionery
and illumination articles; snow globes; egg decorating
kits; amusement park rides
Class 29: Meat, fish, poultry and game, not live; meat
extracts; preserved, frozen, dried and 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
4

86/495,725

86/513,120

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; flaked
coconut; 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
consisting primarily of chicken, frozen appetizers
consisting primarily of seafood, frozen appetizers
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 and pies
Class
30: Coffee, tea, cocoa and artificial coffee;
January 5, 2015
rice; tapioca and sago; flour; bread, pastry and
confectionery made of sugar; edible ices; sugar,
honey, treacle; yeast, baking-powder; salt; mustard;
vinegar, sauces used as condiments; spices; ice;
cookies and crackers; ice cream, ice milk, frozen
yogurt, dessert pudding, frozen confections and
candies, chewing gum and bubble gum, and breakfast
cereals
January 23, 2015 Class 41: Entertainment services, namely, production
and distribution of motion pictures, videos in the field
of drama, action, adventure, romance, comedy,
documentaries, science fiction, horror and animation,
and television programs; provision of nondownloadable videos and images via a video-ondemand service; providing temporary use of nondownloadable video games; electronic publishing
services, namely, publication of text and graphic
works of others online featuring entertainment,
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science fiction and animation, novelizations, scripts,


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

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

MONSTER Marks includes, for example, the following: MONSTER,

, MONSTER ARMY, MONSTER ASSAULT, UBERMONSTER, MONSTER


M-80, JAVA MONSTER, MUSCLE MONSTER, JUICE MONSTER, PUNCH
MONSTER and MONSTER CUBA-LIMA (hereinafter collectively the MONSTER
Marks).
3.

Opposer has also used and continues to use its MONSTER Marks in

connection with video games, as shown, for example, below:

4.

Opposer has sponsored Esports (competitive video game teams) teams

which compete in multiplayer video game competitions. As a part of these sponsorships,


the Esports teams sponsored by Opposer have certain MONSTER Marks on their
uniforms and have a can of one of Opposers energy drinks or a water bottle bearing
certain MONSTER Marks by their keyboard.
5.

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
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sale materials; in magazines and other industry 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 the sponsorship of music festivals, athletes, teams and sports
events that are televised nationwide and internationally. Opposer sponsors or has
sponsored sports events include numerous skateboarding and surfing events, including
but not limited to, Street League Skateboarding World Tour, Tampa Pro 2016, X Games,
MONSTER ENERGY Pipeline Pro, and the Billabong XXL Wave Awards presented by
Monster. Further, Opposer promotes the MONSTER Marks through the sponsorship of
professional gamers, including but not limited to, (1) Team Evil Genius (since 2011); (2)
Alliance (since 2013); (3) EnVy (since 2014); (4) Fnatic (since 2015); and (5) Elements
(since 2015).
8.

Opposer also markets and promotes its famous MONSTER Marks on

social media pages dedicated to video game enthusiasts, as shown, for example, below:

9.

By virtue of Opposers continuous and substantial use, Opposer has

developed strong common law rights in Opposers MONSTER Marks, which have
appeared on billions of products and in extensive nationwide promotions. Opposers
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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.

In addition to its common law rights, Opposer owns and relies on

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.

Opposer owns and relies on incontestable U.S. Trademark Registration

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.
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12.

Opposer owns and relies on incontestable U.S. Trademark Registration

No. 3,134,841 for the mark

for Beverages, namely, carbonated soft drinks,

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.

Opposer owns and relies on incontestable U.S. Trademark Registration

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.

Opposer owns and relies on incontestable U.S. Trademark Registration

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,
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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.

Opposer owns and relies on U.S. Trademark Registration 4,036,681 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 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.

Opposer owns and relies on U.S. Trademark Registration No. 4,129,288

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
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specifics of the 288 Registration obtained from the PTOs TESS and Assignment
databases are attached hereto as Exhibit 7 and made of record.
17.

Opposer owns and relies on U.S. Trademark Registration No. 4,111,964

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.

Opposer owns and relies on U.S. Trademark Registration No. 4,451,535

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.

Opposer owns and relies on U.S. Trademark Registration No. 4,376,796

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
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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.

Opposer owns and relies on incontestable U.S. Trademark Registration

No. 3,914,828 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 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.

Opposer owns and relies on incontestable U.S. Trademark Registration

No. 3,908,601 for the mark

for clothing, namely, t-shirts, hooded shirts and

hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves;
headgear, namely, hats and beanies in International Class 25, which registration issued
January 18, 2011 and is based on an application filed in the PTO on April 2, 2009. 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.
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22.

Opposer owns and relies on incontestable U.S. Trademark Registration

No. 3,908,600 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 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.

Opposer owns and relies on U.S. Trademark Registration No. 4,269,880

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.

Opposer owns and relies on U.S. Trademark Registration No. 4,147,220

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
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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.

Opposer owns and relies on U.S. Trademark Registration No. 3,966,554

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.

Opposer owns and relies on U.S. Trademark Registration No. 4,634,053

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
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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.

Opposer owns and relies on U.S. Trademark Registration No. 4,716,750

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.

Opposer owns and relies on U.S. Trademark Registration No. 4,604,556

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.
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29.

Opposer owns and relies on U.S. Trademark Registration No. 4,234,456

for the mark UBERMONSTER for nutritional supplements in liquid form in


International Class 5 and for 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 Opposers 456 Registration is prior to the filing date of
the Applications. True and correct copies of the specifics of the 456 Registration
obtained from the PTOs TESS and Assignment databases are attached hereto as Exhibit
20 and made of record.
30.

Opposer owns and relies on U.S. Trademark Registration No. 4,534,414

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.

Opposer owns and relies on U.S. Trademark Registration No. 3,959,457

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.

Opposers Registration Nos. 3,057,061, 3,134,842, 3,134,841, 3,044,315,

3,044,314, 4,036,681, 4,129,288, 4,111,964, 4,451,535, 4,376,796, 3,914,828, 3,908,601,


3,908,600, 4,269,880, 4,147,220, 3,966,554, 4,634,053, 4,716,750, 4,604,556, 4,234,456,
4,534,414 and 3,959,457 are valid, subsisting, unrevoked, and uncancelled; as such they
constitute prima facie evidence of the validity of the registered marks and of the
20

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.

Opposers Registration Nos. 3,057,061, 3,134,842, 3,134,841, 3,044,315,

3,044,314, 3,914,828, 3,908,601 and 3,908,600 are incontestable.

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.

Applicant seeks an unrestricted federal registration for MONSTERVILLE

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.

Opposer will be damaged by registration of the Applications in that the

MONSTERVILLE mark so resembles Opposers MONSTER Marks, including as


21

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.

In view of Opposers prior rights in its MONSTER Marks, Applicant is

not entitled to federal registration of the MONSTERVILLE marks pursuant to Section


2(d) of the Trademark Act, 15 U.S.C. 1052(d).
39.

WHEREFORE, Opposer prays that U.S. Trademark Application Serial

Nos.: 86/495,705, 86/495,708, 86/495,713, 86/495,716, 86/495,720, 86/495,725,


86/513,120 be rejected and stricken, that no registration be issued thereon to Applicant,
and that this Opposition be sustained in favor of Opposer.
Opposer authorizes the filing fee for this Opposition in the amount of $300 (one
international class) to be charged to Opposers Deposit Account.
Respectfully submitted,
STETINA BRUNDA GARRED & BRUCKER

Dated: April 19, 2016

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

Trademark Electronic Search System (TESS)

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

(1) TYPED DRAWING

Serial Number 78122679


Filing Date

April 18, 2002

Current Basis

1A

Original Filing
1A
Basis
Published for
Opposition

March 11, 2003

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

SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20150305.

Renewal

1ST RENEWAL 20150305

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2 of 2

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4/12/2016 9:53 AM

Exhibit 1 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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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

(1) TYPED DRAWING

Serial Number 78246573


Filing Date

May 7, 2003

Current Basis

1A

Original Filing
1A
Basis
Published for
Opposition

June 6, 2006

Registration
Number

3134842

Registration
Date

August 29, 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

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

SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20160315.

Renewal

1ST RENEWAL 20160315

Live/Dead
Indicator

LIVE

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USPTO Assignments on the Web

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United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 3

Trademark Electronic Search System (TESS)

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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

August 29, 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

Description of
Color is not claimed as a feature of the mark.
Mark

1 of 2

Type of Mark

TRADEMARK

Register

PRINCIPAL

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Exhibit 3 Page 1 of 3

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.5.1

Affidavit Text

SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20160315.

Renewal

1ST RENEWAL 20160315

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USPTO Assignments on the Web

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United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 4

Trademark Electronic Search System (TESS)

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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

(1) TYPED DRAWING

Serial Number

78253933

Filing Date

May 23, 2003

Current Basis

1A

Original Filing
Basis

1A

Published for
Opposition

September 7, 2004

Change In
Registration

CHANGE IN REGISTRATION HAS OCCURRED

Registration
Number

3044315

Registration Date January 17, 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

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

Renewal

1ST RENEWAL 20150221

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Trademark Electronic Search System (TESS)

2 of 2

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4/12/2016 9:57 AM

Exhibit 4 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 5

Trademark Electronic Search System (TESS)

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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

(1) TYPED DRAWING

Serial Number

78253930

Filing Date

May 23, 2003

Current Basis

1A

Original Filing
Basis

1A

Published for
Opposition

August 31, 2004

Change In
Registration

CHANGE IN REGISTRATION HAS OCCURRED

Registration
Number

3044314

Registration Date January 17, 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

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

Renewal

1ST RENEWAL 20150221

Live/Dead
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LIVE

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Trademark Electronic Search System (TESS)

2 of 2

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4/12/2016 9:58 AM

Exhibit 5 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 6

Trademark Electronic Search System (TESS)

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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

September 11, 2007

Current Basis

1A

Original Filing Basis 1A


Published for
Opposition

July 26, 2011

Registration
Number

4036681

Registration Date

October 11, 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

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

Live/Dead Indicator LIVE

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USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 6 Page 3 of 3

Exhibit 7

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.9.1

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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

(4) STANDARD CHARACTER MARK

Serial Number

85078405

Filing Date

July 6, 2010

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

November 29, 2011

Registration
Number

4129288

Registration
Date

April 17, 2012

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

Trademark Electronic Search System (TESS)

Register

PRINCIPAL

Live/Dead
Indicator

LIVE

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.9.1

&HOME

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Exhibit 7 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 7 Page 3 of 3

Exhibit 8

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.10.1

!"

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Word Mark

MONSTER REHAB

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 Code

(4) STANDARD CHARACTER MARK

Serial Number

85406210

Filing Date

August 24, 2011

Current Basis

1A

Original Filing Basis 1A


Published for
Opposition

December 27, 2011

Registration Number 4111964


Registration Date

March 13, 2012

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

Trademark Electronic Search System (TESS)

2 of 2

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.10.1

4/12/2016 9:59 AM

Exhibit 8 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 8 Page 3 of 3

Exhibit 9

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.11.1

!"

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Word Mark

MUSCLE MONSTER

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

1 of 2

Mark Drawing Code

(4) STANDARD CHARACTER MARK

Serial Number

86006264

Filing Date

July 10, 2013

Current Basis

1A

Original Filing Basis

1A

Published for
Opposition

October 1, 2013

Registration Number

4451535

International
Registration Number

1209858

Registration Date

December 17, 2013

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

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.11.1

&HOME

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Exhibit 9 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 9 Page 3 of 3

Exhibit 10

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.12.1

!"

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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

(4) STANDARD CHARACTER MARK

Serial Number

85077052

Filing Date

July 2, 2010

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

April 19, 2011

Registration
Number

4376796

International
Registration
Number

1209858

Registration Date July 30, 2013


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

4/12/2016 10:01 AM

Exhibit 10 Page 1 of 3

Trademark Electronic Search System (TESS)

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

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 10 Page 3 of 3

Exhibit 11

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.16.1

!"

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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

Attorney of Record Diane M. Reed


Prior Registrations 3044314;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 the stylized words "MONSTER
ENERGY".
Type of Mark

1 of 2

TRADEMARK

4/12/2016 10:13 AM

Exhibit 11 Page 1 of 3

Trademark Electronic Search System (TESS)

Register

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.16.1

PRINCIPAL

Live/Dead Indicator LIVE

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4/12/2016 10:13 AM

Exhibit 11 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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4/12/2016 10:13 AM

Exhibit 11 Page 3 of 3

Exhibit 12

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.17.1

!"

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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

June 23, 2009

Registration
Number

3908601

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

Assignment
Recorded

ASSIGNMENT RECORDED

Attorney of Record Diane M. Reed


Prior Registrations 3044314;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".

1 of 2

4/12/2016 10:13 AM

Exhibit 12 Page 1 of 3

Trademark Electronic Search System (TESS)

Type of Mark

TRADEMARK

Register

PRINCIPAL

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.17.1

Live/Dead Indicator LIVE

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Exhibit 12 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 12 Page 3 of 3

Exhibit 13

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.18.1

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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

June 23, 2009

Registration
Number

3908600

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

Assignment
Recorded

ASSIGNMENT RECORDED

Attorney of Record Diane M. Reed


Prior Registrations 3044314;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

1 of 2

TRADEMARK

4/12/2016 10:14 AM

Exhibit 13 Page 1 of 3

Trademark Electronic Search System (TESS)

Register

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.18.1

PRINCIPAL

Live/Dead Indicator LIVE

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4/12/2016 10:14 AM

Exhibit 13 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 13 Page 3 of 3

Exhibit 14

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.2.1

!"

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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

(4) STANDARD CHARACTER MARK

Serial Number

85652401

Filing Date

June 14, 2012

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

August 21, 2012

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

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.2.1

&HOME

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Exhibit 14 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 15

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.3.1

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Word Mark

MONSTER ENERGY BFC

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

(4) STANDARD CHARACTER MARK

Serial Number

85086121

Filing Date

July 16, 2010

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

July 12, 2011

Registration
Number

4147220

Registration
Date

May 22, 2012

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

Trademark Electronic Search System (TESS)

Type of Mark

TRADEMARK

Register

PRINCIPAL

Live/Dead
Indicator

LIVE

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.3.1

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Exhibit 15 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 15 Page 3 of 3

Exhibit 16

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.4.1

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Word Mark

MONSTER M-80

Translations

The wording "M-80" has no meaning in a foreign language.

Goods and Services

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

(4) STANDARD CHARACTER MARK

Serial Number

77095055

Filing Date

January 30, 2007

Current Basis

1A

Original Filing Basis

1B

Published for Opposition

April 29, 2008

Registration Number

3966554

Registration Date

May 24, 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

Attorney of Record

Diane M. Reed

Type of Mark

TRADEMARK

Register

PRINCIPAL

Live/Dead Indicator

LIVE

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Exhibit 16 Page 1 of 3

Trademark Electronic Search System (TESS)

2 of 2

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.4.1

4/18/2016 10:06 AM

Exhibit 16 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 16 Page 3 of 3

Exhibit 17

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.5.1

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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

(4) STANDARD CHARACTER MARK

Serial Number

86120138

Filing Date

November 15, 2013

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

January 7, 2014

Registration
Number

4634053

Registration Date November 4, 2014

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

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.5.1

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Exhibit 17 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 17 Page 3 of 3

Exhibit 18

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.6.1

!"

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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

(4) STANDARD CHARACTER MARK

Serial Number

85552165

Filing Date

February 24, 2012

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

November 20, 2012

Registration
Number

4716750

Registration Date

April 7, 2015

Owner

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

Attorney of Record Diane M. Reed


Prior Registrations 3936161;3939395

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

Exhibit 18 Page 1 of 3

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.6.1

&HOME

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Exhibit 18 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 19

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.7.1

!"

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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 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

(4) STANDARD CHARACTER MARK

Serial Number

86127407

Filing Date

November 22, 2013

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

July 1, 2014

Registration
Number

4604556

Registration
Date

September 16, 2014

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

Trademark Electronic Search System (TESS)

Live/Dead
Indicator

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.7.1

LIVE

&HOME

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Exhibit 19 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 19 Page 3 of 3

Exhibit 20

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.8.1

!"

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Word Mark

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

(4) STANDARD CHARACTER MARK

Serial Number

85081796

Filing Date

July 9, 2010

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

June 21, 2011

Registration
Number

4234456

Registration
Date

October 30, 2012

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

4/18/2016 10:10 AM

Exhibit 20 Page 1 of 3

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.8.1

&HOME

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Exhibit 20 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 20 Page 3 of 3

Exhibit 21

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.9.1

!"

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Word Mark

MONSTER ENERGY ULTRA BLUE

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

(4) STANDARD CHARACTER MARK

Serial Number

85813927

Filing Date

January 2, 2013

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

September 17, 2013

Registration
Number

4534414

Registration Date May 20, 2014

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

Trademark Electronic Search System (TESS)

Live/Dead
Indicator

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.9.1

LIVE

&HOME

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Exhibit 21 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 22

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:d9o1tq.3.1

!"

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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

(4) STANDARD CHARACTER MARK

Serial Number

78769836

Filing Date

December 8, 2005

Current Basis

1A

Original Filing
Basis

1B

Published for
Opposition

January 11, 2011

Registration
Number

3959457

Registration Date May 10, 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

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

Trademark Electronic Search System (TESS)

Register

PRINCIPAL

Live/Dead
Indicator

LIVE

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:d9o1tq.3.1

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Exhibit 22 Page 2 of 3

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 22 Page 3 of 3

Exhibit 23

Trademark Electronic Search System (TESS)

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ngqq30.10.1

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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

September 25, 2012

Current Basis

1B

Original Filing
Basis

1B

Published for
Opposition

February 12, 2013

Owner

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

Attorney of Record Diane M. Reed


Type of Mark

SERVICE MARK

Register

PRINCIPAL

Live/Dead Indicator LIVE

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4/18/2016 10:12 AM

Exhibit 23 Page 1 of 2

USPTO Assignments on the Web

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&fra...

United States Patent and Trademark Office

Assignments on the Web >

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4/18/2016 10:12 AM

Exhibit 23 Page 2 of 2

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