IPfN/l/GHA/T/l Page 31 37. {1) A Minister may, subject to this Act, procure 'the registra... Registration tion of a trade mark or of a certification trade mark and a Minister ~~~~::s~y by whom such registration is procured shall be, and shall be registered as, the proprietor thereof for all purposes under 'this Act. (2) A Minister may procure the registration in any register maintained in any place outside Ghana of a trade mark (whether registered or not registered under subsection (1) of this 'section) if and so far as and subject to such conditions as that registration is permitted by the law regulating that register and in any such case may procure himself to be entered in that-register as the. proprietor of the trade mark, 38. A Minister may take in any place outside Ghana such lawful acti or prosecution . at 1aw or at . h erwise, · steps, Wh. eth er b y way 0 f action as he may think proper to prevent, restrain, or to secure punishment for the registration, use, or application in relation to or in respect of goods not grown, produced, or manufactured in Ghana of any trade mark or other mark or description indicating or suggesting or likely to lead to the belief that the goods in respect of which or to which that trade mark, mark, or description is used or applied were grown, produced or manufactured in Ghana.. PART II-PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS Preliminary advice by Registrar as to distinctivenCSSe 39. (1) The power to give to a person who proposes to 'apply for the registration of a trade mark in Part A or Part B of the register advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall be a function of the Registrar under this Act.. (2) Any such person who is desirous of obtaining such advice must make application to the Registrar therefor in the prescribed manner. (3) If on an application for the registration of a trade mark as to which the Registrar has given advice under this section in the affirmative, made 'within three months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or capable of distinguishing, as the case may be, the applicant is entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application, Misuse of trade rna rks indicative ol G~~naian origm..