Case Digest (G.R. No. 112012)
Facts:
Societe Des Produits Nestle, S.A. and Nestle Philippines, Inc. v. Court of Appeals and CFC Corporation, G.R. No. 112012, April 04, 2001, the Supreme Court First Division, Ynares‑Santiago, J., writing for the Court.On January 18, 1984, private respondent CFC Corporation filed with the Bureau of Patents, Trademarks and Technology Transfer (BPTTT) an application (Serial No. 52994) to register the trademark FLAVOR MASTER for instant coffee; the application was published in the BPTTT Official Gazette on July 18, 1988. Two oppositions followed: an unverified Notice of Opposition by petitioner Societe Des Produits Nestle, S.A. (claiming confusing similarity to its MASTER ROAST and MASTER BLEND marks) and a verified Notice of Opposition by petitioner Nestle Philippines, Inc. (Inter Partes Cases Nos. 3202 and 3200, respectively), asserting likelihood of confusion and false suggestion of connection.
The BPTTT, in Decision No. 90‑47 dated December 27, 1990, denied CFC’s application, finding that the word “MASTER” was the dominant feature of Nestle’s marks and that CFC’s use of “MASTER” in FLAVOR MASTER was likely to cause confusion given Nestle’s advertising and acquired association of “MASTER” with its coffee. CFC appealed to the Court of Appeals, docketed as CA‑G.R. SP No. 24101.
The Court of Appeals, in a decision dated September 23, 1993 (penalty: Francisco, J., concurring Tayao‑Jaguaros and Verzola, JJ.), reversed the BPTTT, applying a “totality” or holistic test and concluding that the overall labels and trade dress were so different in size, color, pictorial arrangement and other features that the ordinary purchaser woul...(Pro-only)
Issues:
- Did the Court of Appeals err in reversing and setting aside the BPTTT’s denial of registration of the trademark FLAVOR MASTER?
- Which test governs the determination of confusing similarity in this case — the totality (holistic) test or the dominancy test?
- Is the word “MASTER” generic or descriptive (thereby unprotectable), or is it a suggestive term capable of acquiring distinctiveness, and, under the applicable test, is FLAVOR MASTER likely to cause confusion with MASTER RO...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)