TTAB Summarily Dismisses Monster Energy's Opposition to PREDATOR & Design: No Lack of Bona Fide Intent and No Abandonment


Monster Energy, a frequent litigator at the TTAB, faced another setback as its attempt to cancel the registration of the mark PREDATOR & Design for soft drinks and energy drinks was denied on summary judgment.
The registration, issued in 2017, had been impeding Monster's own application to register the mark PREDATOR for energy drinks, soft drinks, and sports drinks.
The Board found that the respondent, Golden Global Innovations Besloten Vennootschap and Golden Global Group BV, had effectively demonstrated a bona fide intent to use the mark in U.S. commerce, refuting Monster's claims of lack of intent and abandonment. 

The respondent, a small operation based in the Netherlands, provided compelling evidence of its activities and intentions. Prior to the application filing date, it established global social media presence and began production in a facility registered with the U.S. FDA.
Subsequently, it engaged in various activities such as sponsoring U.S.-based athletes, negotiating with U.S. distributors and retailers, and participating in exhibitions and conferences. 

The Board emphasized that these actions were indicative of a reasonable business with genuine intent to use the mark in the U.S. Although Monster Energy argued that the respondent's activities were sporadic and insufficient, the Board found that the evidence presented by the respondent sufficiently demonstrated an intent to use the mark in U.S. commerce. 

The Board concluded that the respondent had met its burden of proving a genuine intent to use the mark and denied Monster's petition for cancellation. The ruling did not address the issue of actual use in commerce during the Abandonment Period, as the intent to commence use was deemed sufficient.




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