Monster Energy Company v Mixi, Inc [2020] NZIPOTM
10
This decision reminds parties in an opposition to "follow
the rules" when filing evidence and complying with pre-hearing
directions or risk significant cost consequences.
Monster Energy Company opposed the registration of the MONSTER
STRIKE trade mark filed by MIXI, Inc. for goods and services in
classes 9 and 41. The basis for the opposition was:
- the use of the MONSTER STRIKE trade mark would be likely to
deceive or confuse with Monster Energy's MONSTER and MONSTER
ENERGY trade marks (section 17(1)(a)); and
- the MONSTER and MONSTER ENERGY trade marks are well known in
New Zealand (section 25(1)(c)).
Neither of the grounds of opposition were established.
