Stay Shredded have recently received a statement of grounds of particulars TRADE MARK ACT 1995 Opposition by – Monster Energy Company Monster has opposed the STAY SHREDDED logo on four legal grounds – section 42(b), section 44, section 60, and section 62A of the Trade Marks Act 1995
In simplified terms, Monster energy is opposing our trade mark because : You the customer are being mislead and deceived into believing the products we are offering are monster product.
What is a trade mark opposition? An opposition is a formal objection to an action such as the registering of a trade mark...They may consider a trade mark application which has been accepted is too similar to theirs.
Monster is particularly notorious for opposing trade marks (often without much basis)
A quick Google search shows Monster energy is a ‘trademark bully’. Monster has filed an enormous 113 oppositions in Australia to date. Many of these involved trademarks containing “claw marks”, the word ”monster” and logos with similar colouring to theirs .
In 38 of those oppositions, Monster has won by default due to applicants declining to contest the claim. The reason for this? Monster Energy is a multi-billion dollar company that has the ability to force smaller companies in to bankruptcy by dragging them through unnecessary and extremely costly court and lawyer fees.
Protecting your trademark is one thing, but harassing smaller businesses into submission just because you have deeper pockets doesn’t seem right. We want to defend not only our own company, but so that other small businesses do not get harassed by Monster Energy, they will be able to research this issue and see that they have a history of doing this and that it’s possible for the underdog to stand up to these big corporate bullies and defeat them if you’re in the right