Who can call themselves a chocolate master? Lindt trademark case shows it's complicated
CBC
Pam Williams crushes up roasted cocoa beans and explains the multi-step process that will eventually turn them into delicious chocolate.
She's a longtime chocolate maker and the founder of Ecole Chocolat, a Vancouver-based school for chocolate professionals and hobbyists alike, that was referenced in a sticky trademark dispute between Swiss chocolate giant Lindt and a Calgary chocolate shop.
And it all has to do with who can call themselves a chocolate master.
Unlike sommeliers or pastry chefs, there is no certification that chocolate makers in Canada have to get to call themselves "chocolatiers" or "chocolate masters," Williams explains.
"Chocolate masters are people that feel that they have reached a certain level," Williams said.
However, the trademark dispute concerns the appearance of the words "chocolate" and "master" on chocolate products.
Lindt had issues with the "Master Chocolat" trademark proposed by Calgary's GRC Food Services Ltd. Lindt argued it could confuse customers with its own trademarks "Chocolate Masters," "Lindt Master Chocolatier," or "Lindt Maître Chocolatier" in French.
In the end, GRC's application to register its trademark was rejected. But GRC was handed a partial win in a case that puts a spotlight on corporate battles between small and large companies, says intellectual property lawyer Julie MacDonnell.
"What you'll see are some of the biggest companies in the world being able to achieve trademark registration over descriptive terms like chocolate master," she said. "When you do it as a smaller company, you face bigger risk with it."
"The very best way to approach branding, unless you're a huge organization ... is through a highly distinctive brand."
The trademark decision is not final, however. GRC is appealing it, with the matter scheduled to take place in Federal Court in 2025.
GRC started using "Master Chocolat" on its products in 2015 with great success, according to the 175-page 2023 trademark decision.
It reported that sales went from about $220,000 in 2015 to about $1.8 million in 2020.
GRC argued its "Master Chocolat" is different from Lindt's "Chocolate Masters" for many reasons, including that it combines the English word "Master" and the French word "Chocolat."
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