No. 2 Trademarks (b) duration, extent and geographical area of any use of the mark; (c) duration, extent and geographical area of any promotion of the mark, including advertising or publicity and the presentation, at fairs or exhibitions, of the goods or services to which the mark applies; (d) duration and geographical area of any registrations or any applications for registration of the mark to the extent that they reflect use or recognition of the mark; (e) record of successful enforcement of rights in the mark, in particular, the extent to which the mark is recognized as well known by competent authorities; (f) commercial value associated with the mark; (g) degree of inherent or acquired distinctiveness of the mark; (h) degree of exclusivity of the mark and the nature and extent of use of the same or a similar mark by third parties; (i) nature of the goods or services and the channels of trade for the goods or services that bear the mark; or (j) degree to which the reputation of the mark symbolises quality of goods for which the registration is associated. 39.__(1) The Registrar may, on application, register a mark as a collective mark. (2) An application for registration of a collective mark shall designate the mark sought to be registered as a collective mark and the application shall be accompanied by a copy of rules governing the use of the mark. (3) For the purposes of subsection (2), “rules” means the rules made by a person under whose control the collective mark may be used. (4) The registered owner of a collective mark shall notify the Registrar, in writing, of any changes made in respect of the rules governing the collective mark within sixty days of such changes taking place. (5) Subject to subsections (2), (3) and (4), this Act shall apply to collective marks and where the term “trademark” is used in the Act, it shall be construed to include the term “collective mark”. (6) For purposes of this section, a “collective mark” means a mark that is capable of distinguishing, in the course of trade, goods or services of persons who are members of an association from 21 Registration of collective marks