Act 17 Trademarks Act 2010 (a) in the case of a trademark relating to goods, adapted in relation to the goods in respect of which the trademark is registered or proposed to be registered, to distinguish goods with which the owner of the trademark is or may be connected, in the course of trade, from goods in the case of which no connection subsists; or (b) in the case of a trademark relating to services, adapted in relation to services in respect of which the trademark is registered or proposed to be registered, to distinguish services with which the owner of the trademark is or may be connected in the course of trade, from services with the provision of which he or she is not connected, generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration. (3) In determining whether a trademark is adapted to distinguish as goods or services, the registrar or the court may have regard to the extent to which— (a) the trademark is inherently adapted to distinguish goods or services; and (b) by reason of the use of the trademark or of any other circumstances, the trademark is in fact adapted to distinguish goods or services. 10. Capability of distinguishing requisite for registration under Part B. (1) A trademark relating to goods to be registered in Part B of the register shall 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 owner of the trademark is or may be connected in the course of trade from goods in the case where no connection subsists, generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to the use within the extent of the registration. 11