Monster Brings TTAB Opposition Against Walmart over Retailer’s ‘Member’s Mark’

Last week, energy drink manufacturer Monster Energy Company filed a notice of opposition against Walmart Apollo LLC, a subsidiary of retail giant Walmart, before the Trademark Trial and Appeal Board. According to the notice, Monster believes that Walmart’s recently filed-for-registration mark for a similar beverage product infringes upon its trademark.

Monster’s mark, on the left, alongside the contested Walmart mark on the right.

The notice of opposition details that Walmart Apollo LLC filed to register their Member’s Mark design on December 22, 2021, for use with energy drinks, juice beverages, soft drinks, alcoholic beverages, and other items.

The notice says that “Opposer will be damaged by registration of the Applications in that Applicant’s Mark so resembles Opposer’s Claw Icon…as to be likely, when used on or in connection with Applicant’s goods, to cause confusion [under the] Trademark Act.”

The notice of opposition states that Monster Energy Company has used its mark, described as the letter ‘m’ in the form of a claw, in conjunction with the sale of a variety of beverages since 2002, well before Walmart’s application.

Monster Energy Company argues that the Walmart design will cause confusion amongst customers and dilute brand identity. Monster Energy Company is represented by Knobbe, Martens. Olson & Bear LLP. The company has filed over 200 TTAB oppositions this year.