16 CAP. 506 Trade Marks [Rev. 2009 (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to distinguish. Capability of distinguishing requisite for registration in Part B. 11 of 1965, s. 3, 5 of 994. 13. (1) In order for a trade mark to be registrable in Part B of the register it must be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connexion subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration and in relation to services of distinguishing services with the provisions of which the proprietor of the trade mark is or may be connected in the course of business from services with the provision of which he is not so connected. (2) In determining whether a trade mark is capable of distinguishing, the court or the Registrar may have regard to the extent to which(a) the trade mark is inherently capable of distinguishing; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of distinguishing. (3) A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof. Prohibition of registration of deceptive, etc., matter. 11 of 1965, s. 4. Prohibition of registration of identical and resembling trade marks. 5 of 1994. 14. No person shall register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design. 15. (1) Subject to the provisions of subsection (2), no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or in respect of services, is identical with or nearly resembles a mark belonging to a different proprietor and already on the register in respect of the same services or description of services. (2) In case of honest concurrent use, or of other special circumstances which in the opinion of the court or the Registrar make it proper so to do, the court or the Registrar may permit the registration of trade marks that are identical or nearly resemble each other in respect