fPfN/l/GlIA/T/I Page 19 or (5) Where a trade mark is assigned transmitted in such a case as is referred to in 'subsection {4)of this 'section, the assignment or transmission shan not be .deemed to be invalid under that sub.. section if the 'exclusive rights subsisting as a result thereof in the persons concerned respectively are, having regard 10 limitations imposed thereon, -such .as not to he exercisable by two or more of those persons in relation to goods to be 'sold, or otherwise traded in, within Ghana (otherwise than for 'export therefrom) or in relation to goods to be exported to the same market outside Ghana. (6) The proprietor of a registered traae mark who proposes to assign it in respect of any goods in respect 'of which-it is registered may submit to the Registrar in the prescribed manner a statement of case setting out the circumstances, and the Registrar may issue to him a certificate stating whethet.having regard to the similarity of the goods and of the trade marks referred to in the case, the proposed assignment of the first-mentioned trade mark would o-r would not be invalid under 'subsection (4) of this section, and a certificate so issued shall, unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under subsection {4) of this 'section of the assignment in 'so far as such validityor invalidity depends upon the facts set 'out in the case, but, as regards a certificate in favour of validity, only if application for the registration 'under section 25 of this Act of the title of the person becoming entitled is made within six months from the 'date on which the certificate is issued, '(7) Notwithstanding anything in subsections (I).. ·:(2) and (3) of this section, but 'SUbject to subsection (8) a trade mark shall not ·be assignable or transmissible in a case .in which asa result of an assign-ment or transmission thereof there would in the circumstances subsist, whether under the .oommon law or by registration, an exclusive Tight in one of the person's concerned to the use of the trade mark limited to use in relation to goods to be sold, or otherwise traded in, in a place or places in Ghana, and an exclusive right in another of those persons to the 'use of a trade mark nearly resembling the first-mentioned trademark or of an identical trade mark in relation to the same .goods or-description of goods limited to use in relation to goods to be sold, or otherwise traded in, in another place or other places in Ghana;