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“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”
“The proprietary right of the plaintiff in the registered trade mark ‘GOLD FLAKE’ was prima facie demonstrated through the registrations and uninterrupted use since 1905, and its reputation and goodwill were evident from the sales turnover and the leading presence in the cigarette manufacturing industry.”
“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”