Monster Daddy applied to register the trade-mark MONSTER in association with particular wares relating generally to cleaning supplies. Monster Cable opposed the registration. The Registrar rejected the opposition in part, and Monster Cable appealed.
The Registrar allowed the Opposition in respect of Monster Cable’s fourth ground of opposition, namely confusion with its previously registered trade-marks relating to solutions for cleaning electronic equipment and displays, cleaning wipes and cleaning cloths, but excluded the other wares listed by Monster Daddy in its application. The Court found that Monster Cable had limited itself by its own language in the Opposition to these specific wares, but the Court did expand the finding of confusion to include all purpose disinfecting and sanitizing preparations based on additional evidence submitted by Monster Cable.
The Registrar found that Monster Daddy’s trade-mark is not distinctive and not apt to distinguish between the cleaning supplies of Monster Daddy and Monster Cable. The Court found that this finding was reasonable and the Registrar did not err in not finding lack of distinctiveness in respect of the remaining wares in Monster Daddy’s application.