Monster Energy Company v Lo Chun-Hua [2017] ATMO 33


Monster Energy opposed the registration of the below trade mark filed by Lo Chun-Hua covering various food and beverage services (bar and cafeteria services) in Class 43.

Monster Energy pressed section 60 at the hearing arguing that because of the reputation in the trade mark MONSTER (primarily in relation to energy drinks), the use of the ICE MONSTER Logo would be likely to deceive or cause confusion.

The evidence of use of the MONSTER trade mark by Monster Energy in Australia since 2006 was considered, by the hearing officer, to result in Monster Energy having an ‘immense reputation’ in Australia in respect of energy drinks.

Despite the reputation of the MONSTER trade mark, which Chun-Hua did not dispute, Chun-Hua argued that the reputation was in relation to energy drinks only and, as such, would not be likely to lead to confusion with its food and beverage services.

The hearing officer took the view that ‘MONSTER’ is an essential feature of the ICE MONSTER Logo and that there is a natural connection between beverages and the sale of beverages.  As such, the hearing officer decided in favour of Monster Energy noting that there is a real tangible danger that a number of people would be likely to be confused or deceived by the MONSTER ICE Logo.

The MONSTER ICE Logo was refused registration.

To view the Office decision, click here.

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