Who can call themselves a chocolate master? Lindt trademark case shows it's complicated

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.

The master problem

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.

Master Chocolat vs. Chocolate Masters

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."

GRC also argued the words "Chocolate Masters" are commonly used. It noted Ecole Chocolat has a video series by the same name and that there is a competition called "World Chocolate Masters."

It also said "Master Chocolat" suggests a nickname for a person, while Lindt's trademark suggests its products were made by masters of chocolate.

But Lindt disagreed, saying that except for the inverted order of the words, the anglicization of "chocolate" and the pluralization of "Master," the trademarks are the exact same.

The federal Trademarks Opposition Board ultimately found a "likelihood of confusion" exists between the two trademarks, ruling they both suggest a mastery of chocolate or chocolate making.

"I find that overall, there is a strong degree of resemblance between the parties' marks in appearance, sound, and in ideas suggested," the board said.

Master Chocolat vs. Master Chocolatier

However, the board ruled that GRC's "Master Chocolat" is "sufficiently different" and was not likely to cause confusion with Lindt's "Master Chocolatier," despite the Swiss company insisting the trademarks are "practically identical," save for the "ier" suffix, according to the decision.

The board said, "Master Chocolat" conveys the idea of mastery over a chocolate product, while "Master Chocolatier" (and its French-language equivalent) identifies a person who has a high level of skill in making chocolate.

The board also pointed to the widespread use of "chocolatier" in the industry.

MacDonnell said the decision shows that companies can't take ownership over "common dictionary words."

"They're descriptive in many senses. They're not distinctive enough," MacDonnell said.

Lawyers for Lindt and GRC declined to comment on the matter while it's still before the courts.

Who is a chocolate master, anyway?

As for Ecole Chocolat founder Williams, she has a more philosophical take on who is a chocolate master.

When her students ask her when they can call themselves chocolate masters, she tells them, "When you feel that you can deliver the quality and the vision that your heroes do."

Williams, who has been in the chocolate industry for some 40 years, says she's still gaining new knowledge about chocolate, noting the industry is constantly evolving.

"[There are] new types of chocolate, new, beautiful techniques, colours that we never used before," she said.

"I don't know if I'd even call myself a master chocolatier now. I'm still learning," she said.