I.Protect: Master Roast v. Flavor Master-A A +A
Thursday, September 5, 2013
Clint Fabiosa & Ana Liza Villamor
CFC filed an application for the registration of the trademark “FLAVOR MASTER” for instant coffee. Nestle opposed claiming that “FLAVOR MASTER” is confusingly similar to its “MASTER ROAST” and “MASTER BLEND” trademarks for coffee and coffee extracts. The Supreme Court ruled that it is sufficiently established that the word “MASTER” is the dominant feature of Nestle’s marks. The word “MASTER” is printed across the middle portion of the label in bold letters almost twice the size of the printed word “ROAST.” The word “MASTER” has always been given emphasis in the TV and radio commercials and other advertisements made in promoting the products. In due time, because of these advertising schemes the mind of the buying public had come to learn to associate the word “MASTER” with Nestle’s coffee goods. When one looks at the label bearing the trademark “FLAVOR MASTER” one’s attention is easily attracted to the word “MASTER.” Therefore, the possibility of confusion as to the goods which bear the competing marks or as to the origins thereof is not farfetched.
Published in the Sun.Star Cebu newspaper on September 06, 2013.