The trademark MONSTER was filed by Monster Energy Company, a U.S. corporation (the "Applicant"). The application was published for oppositions on November 7, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on February 7, 2023 by Monster, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and its proceedings were handled in English The second opposition filed on February 6, 2023 by DUCATI MOTOR HOLDING S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BARZANO' & ZANARDO S.P.A. and its proceedings were handled in IT
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 21, 2023. Appointment and Replacement of representative of the trademark registration was recorded on April 2, 2023.
The Opposition with reference B 003189912 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 29, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable virtual goods in the field of beverages, food, supplements, sports, gaming, music, and apparel
Downloadable virtual goods in the field of beverages, food, supplements, sports, gaming, music, and apparel for use in virtual environments and worlds
Downloadable virtual goods in the nature of beverages, food, supplements, bags, beverageware, coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, video game equipment and accessories, notebooks, coasters, posters, accessories, and other retail items
Downloadable virtual goods, namely, computer programs featuring beverages, food, supplements, bags, beverageware, coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, video game equipment and accessories, notebooks, coasters, posters, accessories, and other retail items
Downloadable multimedia file containing artwork, text, audio, and video
Downloadable multimedia file containing artwork, text, audio, and video relating to beverages, food, supplements, sports, gaming, music, and apparel authenticated by non-fungible tokens
Downloadable computer software for managing, displaying, monetizing, buying, selling, trading, transferring, clearing, confirming, and authenticating virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets
Downloadable computer software for use as a digital token wallet
Cryptocurrency hardware wallets
Downloadable software for enabling users to electronically create, store, send, receive, accept, exchange, and transmit digital assets
Downloadable computer programs for data storage
Downloadable computer programs for blockchain data storage
Downloadable computer software for facilitating transactions with others
Downloadable computer software for facilitating blockchain-based financial transactions
Downloadable computer programs for data authentication
Downloadable computer programs for data authentication via blockchain
Downloadable computer software featuring the purchase and sale of rights to digital goods
Downloadable computer software for managing digital collectibles
Downloadable digital files
Software
Downloadable digital file sharing software
Downloadable computer software and downloadable mobile application software for viewing images, videos, and content relating to beverages, food, supplements, sports, gaming, music, and apparel.
The mark was filed in class 35 with following description of goods:
Retail store and online retail store services featuring virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets in the field of beverages, food, supplements, sports, gaming, music, and apparel
Retail store and online retail store services featuring virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets as part of a computer program
Retail store and online retail store services featuring virtual goods, namely, beverages, food, supplements, bags, beverageware, coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, video game equipment and accessories, notebooks, coasters, posters, accessories, and other retail items
Provision of an online marketplace for buyers and sellers of artwork, text, audio, and video relating to beverages, food, supplements, bags, beverageware, coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces
Provision of an online marketplace for buyers and sellers of jewelry, video game equipment and accessories, notebooks, coasters, posters, accessories, and other retail items authenticated by non-fungible tokens (NFTs)
Advertising, marketing, and promotional services.
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment services, namely, providing virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets
Entertainment services, namely, providing on-line, non-downloadable virtual beverages, food, supplements, bags, beverageware, coolers, clothing, headwear, footwear, gloves, tool kits, helmets, umbrellas, blankets, tents, towels, sporting equipment, musical instruments and accessories, sound and audio equipment and accessories, timepieces, jewelry, video game equipment and accessories, notebooks, coasters, posters, accessories, and other retail items
Entertainment services, namely, production, distribution, display, and storage of digital collectibles
Entertainment services, namely, providing an on-line virtual environment for using, trading, and purchasing virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets
Providing online non-downloadable software for entertainment purposes
Providing online non-downloadable software for entertainment purposes, namely, for shopping.
The mark was filed in class 42 with following description of goods:
Providing on-line non-downloadable software for managing, displaying, monetizing, buying, selling, trading, transferring, clearing, confirming, and authenticating virtual goods, blockchain tokens, digital tokens, non-fungible tokens, digital media, digital files, and digital assets
Providing temporary use of on-line non-downloadable computer software for use as a digital wallet
Providing on-line non-downloadable computer software for enabling users to electronically create, store, send, receive, accept, exchange, and transmit digital assets based on the blockchain technology
Platform as a service (PaaS) and software as a service (SaaS) featuring computer software platforms using blockchain and distributed ledger technology for authenticating and processing digital tokens.