Act 17 Trademarks Act 2010 (4) A mark shall not be registrable under subsection (3) in the name of a person who is connected in the course of business with the provision of services of the kind certified. (5) In determining whether a mark is adapted to distinguish goods or services, the registrar may have regard to the extent to which— (a) the mark is inherently adapted to distinguish goods or services in relation to the goods or services in question; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact adapted to distinguish goods or services in relation to the goods or services in question. (6) The fact that a mark consists of signs or indications which may serve, in trade, to designate the geographical origin of goods or services shall not preclude it from being registered as a certification trademark in Part A of the register in respect of those goods or services. (7) Nothing in this Act shall entitle the owner of a certification trademark that consists of signs or indications described in subsection (6) to interfere with or restrain the use by any person of signs or indications the use of which is in accordance with honest practices in industrial or commercial matters. 14. Application for registration of a certification mark. (1) An application for the registration of a mark under section 13 shall be made to the registrar in writing in the prescribed manner by the person proposed to be registered as the owner. (2) An applicant for the registration of a mark under this section shall send to the registrar draft regulations for governing the use of the mark, which shall include provisions as to the cases in which the owner is to certify goods or services and to authorise the use of the mark and may contain other provisions that the registrar may require or permit to be inserted including provisions conferring a right of appeal to the registrar against any refusal of the owner to certify goods or services or to authorise the use of the mark in accordance with the rules. (3) The rules, if approved, shall be deposited with the registrar and shall be open to inspection in the same manner as the register. 15