TP/NII IGHA/T/l Page 29 (2) In determining whether a mark is adapted to distinguish any goods as described in subsection (1) of this section the Court or the Registrar (as the case may be) may have regard to the extent to which(a) the -mark is inherently adapted so to distinguish in relation to the goods in question'; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact adapted so to distinguish in relation to the goods in question, - (3) Subject to subsections (5) to (7) of this section, and of sections 7 and 8 of this Act, the registration of a person as proprietor of a certification trade mark in respect of any goods shall, if valid, give to that person the exclusive right to the use of the trade mark in relation to those goods.. (4) Without prejudice to the generality of subsection (3), the right referred to in that subsection shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a person authorised by him under the rules in that behalf using it in accordance therewith, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either-e(a) as being use as a trade mark; or (b) in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either -as proprietor or by his :aathorisalionunaer tke 'relevant rules to use the trade .mark or -to 'goods 'certified by the proprietor.. (5) The right to the use of a certification trade mark given by virtue of subsection (3) of this section by registration shall be subject to any conditions or _limitations .entered on the register, and shall not be deemed to be infringed by the use of any such mark as is referred to in subsection (4) of this section in any mode, in relation to goods to be sold or otherwise traded in in any place, in relation to goods to be exported to any market, or in any other circumstances, to which, having 'regard to any such Iimitations, the registration does not extend.. (6) The said right shall not be deemed to be infringed by the use of any such mark <by any person-