Claim on scratches

Monster seems to think that anyone who uses a trademark that includes an image element of a number of parallel scratches is infringing on the trademark rights of the Monster logo. After all, that Monster mark can also be thought of as three scratches.

Monster Silent Castle
No similarity at all


It doesn’t look alike

But in practice it often works differently. Below you can see a few trademarks that were attacked by Monster , but still received their European protection as usual. According to the European Trademark Office, these “scratch marks” simply do not resemble the Monster logo enough.

Monster kras-merken
Monster’s oppositions to these ‘scratch marks’ were rejected



But Monster is not only targeting “scratch marks”. According to the company, you can read an M in the Monster logo, of course. And so that’s why they’re just attacking all new “M brands” too.

Oppositions Monster
Monster’s oppositions to these ‘M-marks’ were rejected


Sample without success

But as with the “scratch marks”, this is almost never successful. Above you can see some “M brands” that got off with a scare. According to EUIPO, these marks do not resemble Monster’s M-logo at all. So no infringement and Monster’s oppositions were rejected. I don’t think there is much to argue with that. It seems to me that Monster could take a more critical look at which trademarks it attacks. Pick your battles, I would say.

Bas Kist