If it can reclaim the 'Monster' name, it will boost Monster's brand recognition in China and help it further clear out copycat brands. Monster Beverage (Monster Energy, hereinafter 'Monster'), which had to use the name 'Claw' in China because the 'Monster' trademark was squatted, may have the opportunity to reclaim the 'Monster' name in the future. According to the first-instance administrative judgment recently issued by the Beijing Intellectual Property Court in the case of 'Monster Energy Company v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce', Monster, as the plaintiff under the name 'Monster Energy Company', won the case. The defendant, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter 'TRAB'), was ordered to revoke its previous decision (dated January 21, 2016) that 'the registration of the "Monster" trademark on beer and beverage preparations is revoked, while its registration on other goods is maintained.' At the same time, the TRAB was required to make a new decision on Monster Energy Company's request for review of the revocation of the 'Monster' trademark (No. 3051352). Business registration information shows that the 'Monster' trademark (No. 3051352) is owned by Monster Beverage Company, with legal representative and general manager both being Li Jiawei. The current trademark status is 'Revocation review decision issued'. In fact, before being owned by Monster Beverage, the 'Monster' trademark had changed hands multiple times. It was first applied for registration by Nanjing Guaiweilou Development Consulting Management Co., Ltd. on December 26, 2001, and was approved for registration on March 14, 2003, with designated use on goods in Class 32, including beer, mineral water (beverages), soda water, cola, non-alcoholic beverages, fruit juice beverages (beverages), vegetable juice (beverages), lactic acid beverages (fruit products, non-dairy), sour plum soup, and beverage preparations. On June 13, 2013, it was transferred to Shanghai Lingyu Company with approval from the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China (hereinafter 'Trademark Office'). On May 13, 2015, it was transferred again to Monster Beverage Company after approval. After renewal, the exclusive right to use the 'Monster' trademark (No. 3051352) is valid until March 13, 2023. The 2001 Trademark Law stipulates that if a registered trademark has not been used for three consecutive years, the Trademark Office shall order the registrant to rectify within a time limit or revoke the registration. After trial, the Beijing Intellectual Property Court held that Monster Beverage failed to prove that the 'Monster' trademark (No. 3051352) had been genuinely, legally, and effectively used on the designated goods during the three-year period from August 27, 2011 to August 26, 2014. Therefore, the court ruled in favor of Monster Energy Company. This means that Monster may have the opportunity to re-register the 'Monster' trademark. This is of great significance to the company. Monster was founded in 2002 and is the second-largest energy drink company in the United States, with a market share second only to Red Bull. In 2015, Coca-Cola invested $2.15 billion in Monster, acquiring a 16.7% stake, and planned to introduce the latter to the Chinese market. The awkward part is that in 2014, before Monster entered the Chinese market, Monster Beverage (Shanghai) Co., Ltd. (a beverage company) preemptively registered the 'Monster' trademark and produced products with packaging and functions similar to Monster's. This led to Monster being unable to use its Chinese name 'Monster' for over a year after entering the Chinese market. In the end, Monster had to use the name 'Claw' in China. Monster Beverage Company's 'Monster' drink But China is one of the largest functional beverage markets in the world, and it is very important for Monster to expand its market territory and gain new growth points. Relying on the channel advantages of its major shareholder Coca-Cola, Monster has achieved localized production through two major bottlers, Swire and COFCO, since entering the Chinese market in November 2016. In a research report released in March 2017, Deutsche Bank stated that China Foods (a listed company under COFCO) had strong sales of functional 'Monster' drinks in the Asia-Pacific region, and its management was optimistic about its growth potential in China. As one of the major Coca-Cola bottlers in China, Deutsche Bank expected energy drinks to contribute 5.6% and 7.7% to China Foods' beverage sales in 2017 and 2018, respectively. If it can reclaim the 'Monster' name, it will boost Monster's brand recognition in China and help it further clear out copycat brands. However, reclaiming the 'Monster' name is not easy. Monster has been in litigation with Monster Beverage Company for over a year. The Beijing Intellectual Property Court's judgment may change the situation, but it is not the final result. According to the judgment, if any party is dissatisfied, the plaintiff, defendant, and third party (Monster Beverage Company) all have the right to appeal to the Beijing Higher People's Court within the statutory time limit. Source: Jiemian News -END-