IP/NI1IGHA/TI1 Page 10 " (2) For the purposes of this section '" distinctive" means adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark 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 trade mark is adapted to dis.. tinguish any goods as required by subsection (2) of this section the Court or the Registrar (as the case may be) may have regard to the extent to which(a) the trade mark is inherently adapted so to distinguish the goods; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted so to' distinguish the goods. IOe (1) To be registrable in Part B of the register, a trade mark C:a~abil!ty of must be capable, in relation to the goods in respect of which it is "~lstmgul.s~t" . d or propose 'd to b e registere . d ,0·f disti . goo dsS WIt wi h mg registere istmguis. 1ung for requisi regis ... e which the proprietor of the trade mark is or may be connected in the tration in course of trade from goods in the case of which no such connection Part B. subsists, either generally Of, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration, (2) In determining whether a trade mark is capable of distinguishing any goods as required by subsection (1) of this section, the Court or the Registrar (as the case may be) may have regard. to the extent to which-« (0) the trade mark is inherently capable of so distinguishing the goods; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of so distinguishing the goods. (3) A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof. Prohibition of registration of deceptive and certain 11.. It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of law, or would be contrary to law or other matter. morality, or any scandalous design, Prohibition of registration of identical and resembling trade marks. 12" (1) Subject to subsection (2) of this section, no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and "already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion,