Monster Energy Loses Trademark Application Appeal In India For ‘Energy For The Journey’

from the meanwhile-in-america dept

Monster Energy. Go ahead, I’ll wait for your eyes to finish rolling. The trademark bullying company with a side business in making beverages has been the subject of discussion here for years and years and years. Monster Energy is one of the most prolific trademark bullies I’ve ever come across. It behaves so absurdly in its bullying behavior that it would be fair for someone unfamiliar with its history to wonder if this was all some kind of bizarre intellectual property performance art. This is a company that has sued or opposed applications over trademark concerns everyone from companies that make fishing gear, to personal trainers, to a company that makes industrial paint.

I’ll remind you again that Monster Energy only creates two things: trademark litigation and beverages.

Well, Monster applied in India for a trademark on a slogan it uses in advertising, “Energy for the Journey.” Its initial application was denied by the Indian government, which decided that the slogan contained nothing but some generic words, and also does not include the company’s main identifying part of its name (“Monster”), and therefore does not work as a source-identifier for the consuming public. So the trademark application was denied. Monster appealed and now the Madras High Court has affirmed the earlier decision, refusing to grant Monster Energy a trademark on the slogan.

The respondent argued that the phrase “Energy for the Journey” comprised generic words commonly used in trade and was incapable of distinguishing the appellant’s goods from those of others. The Court noted that under Section 9(1) of the Act, descriptive or generic marks devoid of secondary significance or distinctiveness cannot be monopolized by any trader. The appellant admitted to having only proposed to use the mark, without any evidence of prior use or established goodwill.

The Court agreed with the respondent’s assessment, concluding that the proposed mark was inherently incapable of serving as a source identifier. It also highlighted that granting exclusivity over such a common phrase would unjustifiably limit its use by others in commerce.

It’s hard to argue with the court’s logic here. There’s nothing about this phrase, when viewed on its own and without context, that would call to mind Monster Energy at all. And the point of trademark laws generally is not for one company or entity to be able to lock up some random phrase just for the sake of it. Rather, it’s to prevent customer confusion in the marketplace. So, if the phrase isn’t associated with the brand, it doesn’t serve as a useful trademark.

Makes sense, right? Meanwhile, in America:

Yup, Monster Energy managed to get that very same generic, non-source-identifying mark approved and registered by the USPTO. Now, perhaps there are some subtle differences between American and Indian trademark law that explain this, but I don’t really think that matters. The point here is that the courts in India have a far better handle on how trademarks are supposed to be used than we do, specifically as it comports with the very purpose of trademark laws.

It sure would be nice if the USPTO would put a little more effort into its approval process than it does.

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Companies: monster energy

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Comments on “Monster Energy Loses Trademark Application Appeal In India For ‘Energy For The Journey’”

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12 Comments
That One Guy (profile) says:

The USPTO: How Can We Faceplant Today?

If it is even remotely possible to screw up a given trademark decision the USPTO will find it.

If it is not currently possible to screw up a given trademark decision then the USPTO will find a way to do so regardless, because that agency is apparently staffed with people that will go above and beyond for all the wrong things.

This comment has been flagged by the community. Click here to show it.

Anonymous Coward says:

Oh, spare me. Here we go again with another ill-informed takedown of Monster Energy, this time for daring to fight for a trademark in India. The writer of this piece seems to believe that Monster Energy’s trademark application for “Energy for the Journey” is some kind of legal overreach, a “bullying” move that’s somehow an affront to fairness and creativity in business. But let’s pause for a second and think critically about what’s actually going on here. Spoiler alert: The author is missing the bigger picture and is far too eager to bash a company for trying to protect its brand.

Let’s start with the concept of trademarks, shall we? Trademarks are meant to protect brands from consumer confusion. They’re there to make sure that when a customer sees a slogan, a logo, or a catchphrase, they can instantly associate it with a specific company. That’s the whole point. So why does the author seem so outraged that Monster Energy is attempting to secure a trademark for a phrase that it uses in its advertisements? “Energy for the Journey” is clearly tied to Monster, particularly with how they market themselves. If the company is using it consistently to represent its brand, then it absolutely should be entitled to protect that phrase. Why shouldn’t a brand protect what it’s worked hard to establish? Just because you don’t personally find the phrase “innovative” doesn’t mean it doesn’t have significant commercial value to Monster.

The author’s sarcastic tone about Monster’s “side business in making beverages” is a cheap shot, meant to diminish the seriousness of their trademark battle. Just because a company is known for selling a product like energy drinks doesn’t mean its efforts to protect its intellectual property should be mocked. Monster isn’t just some “sugary beverage” company; it’s a global brand with a massive marketing presence. The slogan “Energy for the Journey” may seem generic, but that’s entirely beside the point. If Monster has consistently used this phrase to market its products and build consumer recognition, then it’s absolutely within its rights to protect it. There’s no reason why a company should let a generic phrase become a free-for-all for others to use in ways that could confuse customers. And let’s be clear: trademarks are not just about creativity; they are about ensuring that the brand’s identity remains intact and that customers don’t mistakenly buy one company’s product thinking it’s from another.

Now, let’s talk about the Indian court’s decision. The author seems to think it’s some great victory for “common sense” that the Indian government shot down Monster’s application, calling the phrase “generic.” But this decision, while it might have made sense in the context of Indian law, fails to grasp the point of trademarks in the first place. Just because a phrase is “generic” in a certain context doesn’t mean it cannot be uniquely associated with a specific brand. The argument here—that the phrase “Energy for the Journey” is just too general to be protected—is an oversimplification of what trademarks are supposed to do. Yes, it’s made up of common words, but those words, when used together and consistently by a brand, can become distinct identifiers of that brand. If Monster Energy had successfully used the slogan for years, and consumers had come to associate that phrase directly with the brand, then it serves its purpose. In short, trademarks are about association, not just creativity or novelty.

The real kicker in this article, though, is the author’s quick jab at the USPTO’s approval of Monster’s trademark in the U.S. The writer suggests that the U.S. is somehow slacking in its approval process compared to India, and honestly, this is where the argument falls apart. Just because India’s courts chose to reject the trademark doesn’t automatically make their legal system superior. Trademark law varies from country to country for a reason, and the fact that the U.S. approved Monster’s application doesn’t suddenly mean the system is broken or that the U.S. is “sloppy.” The author’s implied criticism of the USPTO’s decision completely disregards the possibility that the U.S. might have applied the trademark laws differently, which is totally within its right. Are we now expected to think that India’s interpretation of trademark law is infallible? The article seems to suggest that the U.S. should always conform to the Indian legal model, and that’s just absurd.

At the end of the day, Monster Energy isn’t doing anything wrong by trying to protect its intellectual property. Companies of all sizes routinely apply for trademarks to safeguard their brand identities. The fact that this particular slogan is deemed generic by some doesn’t change the reality that companies have the right to protect their branding—generic or not. Just because the phrase doesn’t stand out to the casual observer doesn’t mean it’s not integral to Monster’s marketing. So let’s stop pretending like this is an example of corporate greed or bullying. If anything, Monster Energy is trying to prevent someone else from taking something they’ve invested time and money into creating.

In conclusion, this article comes off as nothing more than a cheap swipe at a company for doing what any savvy business would do—fight for its intellectual property. The fact that Monster Energy is in the business of energy drinks doesn’t disqualify them from seeking trademark protection, and the legal decisions surrounding this case are far more complex than the author makes them out to be. Instead of painting Monster as the villain, maybe we should be focusing on how trademarks can work to protect brands, big or small, from corporate theft.

Pixelation says:

Re:

The article doesn’t say they shouldn’t protect their Trademark. It says they are Monstrous fucking assholes about it. They have earned zero goodwill from their efforts. Thank you for the apologist comment, though. Perhaps, Monster Energy might consider different tactics. Oh well, a person can dream…

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