Traduction en cours

Monster Energy Company opposed the French trademark application for for goods and services in Classes 32, 33 and 43 on the ground of likelihood of confusion with its prior European Union trademarks REFRESH THE BEAST! and HYDRATE THE BEAST! (both word marks).

By decision of July 7, 2021, the French Intellectual Property Office (the “French IPO”) partially upheld the opposition. The French IPO considered that the presence of the similar terms LA BETE and THE BEAST created significant visual and phonetic similarities. Further, for this reason, it found the signs to be conceptually very similar, holding that the French consumer would understand the meaning of the English terms THE BEAST. It also found that the additional elements of the signs were not sufficient to distinguish them in light of the fact that LA BETE/THE BEAST were distinctive and clearly the principal dominant components of the signs.

The applicant filed an appeal against the French IPO’s decision.

By decision of October 6, 2022, the Versailles Court of Appeal overturned the French IPO’s decision. Although it had found in its assessment that the signs had a low degree of visual and phonetic similarities, it rejected the likelihood of confusion in light of the visual and phonetic differences between the signs. It also considered that the Classes 32 and 33 goods will be sold in stores and supermarkets and therefore, that the visual aspect is the most important, which, in the Court’s opinion, has only a very limited and, in any event, insufficient degree of similarity.

Monster Energy Company appealed to the French Supreme Court.

On November 13, 2025, the French Supreme Court has overturned in full the decision issued by the Versailles Court of Appeal.

The French Supreme Court upheld several arguments raised by Monster Energy:

1. Contradictory reasoning by the Court of Appeal regarding the visual, phonetic, and conceptual similarity between the signs, meaning the Court of Appeal’s assessment was inconsistent.

2. Error of law in ruling out any likelihood of confusion based on market conditions, which should not have been considered.

Following the French Supreme Court’s decision, the French IPO’s decision of July 7, 2021, will become final unless the Applicant request the case is reheard by the Paris Court of Appeal.

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In overturning the Court of Appeal’s decision, the French Supreme Court recalls the fundamental principle that the likelihood of confusion must be assessed globally, with reference to the content of the trademark applications or registrations, in relation to the consumer of the goods designated by those applications or registrations, and without taking into account the actual conditions of use of the trademarks.

This long litigation results in an important victory for our client, particularly in light of the value of the BEAST formative trademarks to our client.