Societe Des Produits Nestle vs CA and CFC Corporation

Respondent CFC Corp. filed an application for the registration of the TM

FLAVOR MASTER for instant coffee.
The petitioner opposed on the ground that it is confusingly similar to its TM for
coffee and coffee extracts: MASTER ROAST AND MASTER BLEND.
DISPUTE: THE USE OF THE WORD "MASTER"
CFC Corp contended that the word "master" because it is a generic term.

Issue:

WON the word "MASTER" can be validated as trademark?

Held:

Yes.

The SC ruled in favor of the petitioner Nestle.

The word MASTER is neither a generic nor a descriptive term. It is a suggestive

term that can be validated as a TM and, therefore, may be legally protected.
NOTE:
Generic term:
Common descriptive name of an article or substance.
Basic nature of wares or services than idiosyncratic (peculiarity)
characteristics of a product.
Term:
It conveys immediate idea of ingredients, qualities or characteristics of the
goods or it clearly denotes what goods or services are provided in such a
way that the consumer does not have to exercise powers of perception or
imagination
suggestive term:
Require imagination thought and perception to reach a conclusion as to
the nature of the goods.
It connotes something about the product
 The term "master" has acquired a certain connotation to mean the coffee
products MASTER ROAST and MASTER BLEND produced by Nestle. As such, the
use by CFC of the term "master" in the trademark for its coffee product FLAVOR
MASTER is likely to cause confusion or mistake or even to deceive the ordinary
purchasers.