38 CAP. 506 Trade Marks [Rev. 2009 the decision of the Registrar on any such opposition shall be subject to appeal to the court. (4) ( Deleted by 39 of 1962, s. 5.) Part VII - Certification Trade Marks Certification trade marks. 40. (1) A mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic from goods not so certified shall be registrable as a certification trade mark in Part A of the register in respect of those goods in the name, as proprietor thereof, of that person: Provided that a mark shall not be so registrable in the name of a person who carries on a trade in goods of the kind certified. (2) In determining whether a mark is adapted to distinguish, the court or the Registrar may have regard to the extent to which – (a) the mark is inherently adapted 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 to distinguish in relation to the goods in question. (3) Subject to the provisions of subsections (4), (5) and (6) of this section, and of sections 10 and 11, 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, and, without prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a person authorized by him under the regulations 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 – (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 authorization under the relevant regulations to use the trade