Oppositions by Monster Energy Company to registration of trade mark application numbers 2177560 (12, 35, 37) –

This decision concerned oppositions by Monster Energy Company to the registration of trade mark application numbers 2177560, 2189500, and 2189501, filed by an unnamed applicant. The oppositions were heard by Louise Tuohy.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Monster Energy Company had been established, and consequently, whether the trade mark applications should be refused or registered, in accordance with section 55 of the relevant legislation.

The Registrar found that the opponent had successfully established the ground of opposition under section 44. As a result, the Registrar ordered that specific amendments be made to the specifications of goods and services for the trade mark applications. The Registrar determined that the applications could proceed to registration for the remaining specified goods and services in Class 37, one month from the date of the decision, unless a notice of appeal was filed. The Registrar also awarded costs against the applicant.