(c) an invented word or invented words; (d) a word or words having no direct reference to the character or quality of the goods or services concerned and not being, according to its or their ordinary signification, a geographical name or a surname: Provided that a word or words shall not be regarded as being, according to its or their ordinary signification, a geographical name or a surname if the trade mark contains an additional essential particular that makes the intended significance clear beyond doubt; (e) any other distinctive mark: Provided that a name, signature or word which does not, or words which do not, fall within the descriptions in paragraphs (a), (b), (c) and (d) shall not be registrable under the provisions of this paragraph except upon evidence of its or their distinctiveness. (2) For the purposes of subsection (1)— “distinctive” means apt, in relation to the goods or services in respect of which the trade mark is proposed to be registered, to distinguish goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in relation to use within the extent of the registration. (3) In determining whether a trade mark is apt to distinguish as mentioned in subsection (2), the Registrar may have regard to the extent to which— (a) the trade mark is inherently apt to distinguish as aforesaid; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact apt to distinguish as aforesaid. (4) Where— (a) an application has been made for registration of a trade mark in Part A of the Register; and (b) before the date of the application— (i) the trade mark was, with the consent and authority of the applicant, used by a person other than the applicant and the applicant exercised control over the character or quality of the goods or services of that other person in respect of which the trade mark was used; and (ii) the use of the trade mark by that other person was in accordance with any conditions set out in the application referred to in paragraph (c); and (iii) the connection in the course of trade that existed between the applicant and that other person was made known; and (c) an application has been made by the applicant and that other person for the registration of that other person as a registered user of the trade mark; and (d) the Registrar is satisfied that that other person would be entitled to be registered as a registered user of the trade mark immediately after the registration of the trade mark; the Registrar may, for the purpose of determining whether the trade mark is distinctive of the goods or services of the applicant, treat the use of the trade mark by that other person as equivalent to the use of the trade mark by the applicant. (5) Notwithstanding anything to the contrary contained in this section, a distinguishing guise shall only be registrable in Part A of the Register if— (a) it has been so used in Zimbabwe by the applicant or his predecessor in title as to have become distinctive at the date of the application; and (b) the registration of that distinguishing guise, in relation to the goods concerned, is not likely to limit unreasonably the development of any art or industry. (6) A trade mark may be registered in Part A of the Register notwithstanding any registration in Part B of the Register in the name of the same proprietor of the same trade mark or any part or parts thereof. (7) An appeal shall lie from any decision of the Registrar under this section.