Monster Energy’s trade mark opposition is unsuccessful

Monster Energy, the maker of the famous energy drinks has been unsuccessful in its attempt to stop the registration of a trade mark. The decision of the UK Intellectual Property Office (UK IPO) on Wednesday, 6^th March 2019 confirmed that the former could not preclude Robert Marchington from registering his trade mark as there was no likelihood of confusion with Monster Energy’s four earlier marks.

Marchington’s trade mark application was filed in May 2017 and was for goods comprising ales, beers, non-alcoholic cider, and syrups and preparations. The mark consisted of a pair of legs which looked like the letter ‘M’ and seemed to be taking a step forward. Conversely, Monster Energy’s previously registered trade marks, namely, EU numbers 2439068, 3227041, 12924973, and 14226765, illustrate animal/monster scratch marks which create the letter ‘M’.

The UK IPO was of the opinion that the applied-for mark and the previously registered trade marks were visually similar, but only to a low degree. Furthermore, it articulated that the inclusion of the letter ‘M’ in both parties’ marks ‘does not convey any particular meaning’. With respect to the actual goods covered by the applied-for trade mark and the opposition’s trade marks, the UK IPO again, concluded that there was no similarity. ‘Whilst soft drinks and alcoholic drinks are similar in nature in that they are both liquids for consumption, consumers will consider them to be different categories of goods’.