26 March 2019

Monster Energy is a well-known energy drink. Characteristic of this brand is the logo: three stripes that represent the claw print of a monster. This logo has been registered by Monster Energy in various ways for various products.

When Monster Energy saw the logo on the right, the company did not hesitate for a moment and filed an opposition with the EUIPO. All possible grounds were invoked: the well-known trademark, confusion, infringement of an unregistered right. But although Monster Energy had sufficiently demonstrated that the logo was known (for energy drinks), the EUIPO did not follow their opinion that the trademarks were similar. It is true that the stripes are styled in the same way, but the three stripes in the disputed mark are not parallel. There are also 4 dots that are not present in the earlier marks. So, the relevant public will easily recognize the differences between the trademarks, according to EUIPO.

The similarity between the trademarks is too low for a risk of confusion. And also too low for the other grounds. The opposition is thus rejected. For Monster Energy a monstrous decision.

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