Energy drinks maker Monster Energy has failed in their attempts to stop the registration of a trademark by Robert Marchington at the UK Intellectual Property Office (UKIPO).
Monster Energy’s attempt to stop the registration earlier this month was based on claims by the company that the new mark could be confused with four of their earlier trade marks.
The four registered marks were (EU numbers 2439068; 3227041; 12924973 and 14226765) which depict animal or monster scratch marks that create the letter ‘M’.
Robert Marchington’s trademark application which was filed in May 2017, involves a pair of legs which took the shape of the letter ‘M’ and looked like it was taking a step forward.
The application was for goods including beers, ales, non-alcoholic cider and syrups and preparations and excluding energy drinks.
In its decision, the UKIPO stated Marchington’s applied-for mark and Monster’s trademarks were visually similar only to a low degree. It said that the presence of the letter ‘M’ in both parties’ marks “does not convey any particular meaning”.
They added that if meaning was to be given to the marks, Marchington’s conveys the impression of two pairs of legs marching, while the style of Monster Energy’s marks creates the impression of a scratch mark created by an animal.
Therefore the UKIPO determined that the marks were conceptually different.
It also concluded there was no similarity between the goods covered by Monster’s trademarks and Marchington’s applied-for mark.
The IPO said: “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.”
It also said that “syrups and preparations”, covered by Machington’s mark, cannot be considered a finish drink product, and therefore will not be in competition with Monster’s beverages.
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