Monster loses TM opposition at UKIPO

Monster Energy has failed to stop a camera equipment company from registering a trademark at the UK Intellectual Property Office (IPO), which it claimed would infringe its earlier marks.

In its decision, published Thursday, August 29, the IPO said there was no visual or aural similarity between Gudsen Technology’s applied-for mark and Monster’s earlier trademarks, and that consumer confusion was unlikely.

Gudsen Technology had sought to register a mark for the word ‘Moza’ with three claws above the word and one below, for classes 9 and 12, covering goods such as cameras, optical lenses, tripods and electric vehicles.

But, Monster had opposed the registration, arguing that the mark would infringe its own trademark for a stylised ‘M’, registered in classes 9, 35, 28.

Monster had argued that the device of an animal’s claw surrounding the word ‘Moza’ is likely to be perceived as a stylised spikey letter ‘M’, but the IPO said it has “no doubt” that Guden’s applied-for mark will be perceived as claws.

“I struggle to see any visual similarity between the marks; in my view they are not visually similar,” Beverley Hedley for the IPO said.

The IPO said there are “notable differences” between the applied-for mark and Monster’s earlier trademarks due to the absence of the word Moza in Monster’s trademarks and the “very different appearance” of the ‘claw’ elements in both parties’ marks.

The device in the Monster’s marks consists of “three long jagged-edged slash-type markings”, whereas the device in Gudsen’s mark consists of shorter smooth-edged curved claws.

Additionally, the IPO said the goods covered by Monster’s trademark and Gudsen’s applied-for mark are “wholly dissimilar”.