HERBEAST Opposition Sustained Against Monster Energy
Summary
The USPTO Trademark Trial and Appeal Board sustained opposition No. 91297936, ruling that Monster Energy Company successfully blocked registration of the HERBEAST trademark by Shanghai Wanxiangheyi Cosmetics Co., Ltd. The decision, issued March 31, 2026, prevents the Chinese cosmetics company from registering the contested mark in the United States.
What changed
The TTAB issued a final decision sustaining opposition No. 91297936, wherein Monster Energy Company successfully opposed Shanghai Wanxiangheyi Cosmetics Co., Ltd.'s application to register the HERBEAST trademark. The Board's decision, dated March 31, 2026, blocks registration of the contested mark following Monster Energy's challenge based on likelihood of confusion or other statutory grounds for opposition.
Regulated entities, particularly those in the cosmetics, beverage, or consumer goods industries, should recognize that this decision prevents the defendant from registering or using the HERBEAST mark in U.S. commerce. Companies should review their own trademark portfolios for potential conflicts. Trademark opposition decisions are binding on the parties and difficult to appeal; any further challenge would require proceedings before the Federal Circuit.
What to do next
- Review trademark portfolios for potential conflicts with HERBEAST or similar marks
- Ensure any existing use of contested marks complies with this TTAB decision
- Consult trademark counsel regarding any likelihood of confusion concerns with Monster Energy's marks
Source document (simplified)
Opposition: HERBEAST
Opposition TTAB91297936-20260331 Kind: OPP Mar 31, 2026
Abstract
BD DECISION: OPP SUSTAINED
Plaintiff: Monster Energy Company
Defendant: Shanghai Wanxiangheyi Cosmetics Co.,Ltd
Mark at issue: HERBEAST
Filing Date
2025-03-28
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