Swiss chocolate giant Lindt successfully challenged a Canadian chocolate shop's attempt to register the 'Master Chocolat' trademark, citing potential consumer confusion with its own marks. The case highlights the difficulties faced by smaller companies in trademark battles against larger corporations.
Swiss chocolate giant Lindt is entangled in a trademark dispute with a Canadian chocolate shop. Pam Williams, a longtime chocolate maker and founder of Ecole Chocolat, a Vancouver-based school for chocolate professionals and hobbyists, sheds light on the situation. Unlike sommeliers or pastry chefs, there is no certification required for chocolate makers in Canada to use titles like 'chocolatiers' or 'chocolate masters.' The conflict arose when Calgary's GRC Food Services Ltd.
proposed the 'Master Chocolat' trademark. Lindt objected, claiming it could confuse customers with its own trademarks: 'Chocolate Masters,' 'Lindt Master Chocolatier,' or 'Lindt Maître Chocolatier' in French. Ultimately, GRC's trademark application was rejected. However, the case highlights the power dynamics in corporate trademark battles between small and large companies. Intellectual property lawyer Julie MacDonnell notes that major corporations often succeed in registering descriptive terms like 'chocolate master,' while smaller companies face greater risks. MacDonnell advises that the best branding strategy for smaller organizations is to focus on highly distinctive brands. GRC is appealing the decision, with the case scheduled for Federal Court in 2025
TRADE MARK CHOCOLATE CORPORATE LAW SMALL BUSINESS BRANDING
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