IPIN/] IGHA/T/1 Page 6 (3) The register shan at all convenient times be open to the inspection of the public, subject to such regulations as may be made under section 65 of this Act. (4) The register shall be kept under the control and manage... ment of the Registrar. (5) The Registrar-General is the registrar of trade marks for the purposes of this Act, in this Act referred to as " the Registrar "" (6) The register may, in lieu of being kept in the form of a book, be kept in such other form of record as may from time to time be approved by the Minister... (7) The register of trade marks existing immediately before the commencement of this Act shall form part of the register.. 2. No person is entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark, but nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.. No .acti?n for tnfrInge.. ~~istt~redn­ trade mark, 3~ A trade mark must be registered in respect of particular goods Registration be in or classes of goods, and any question arising as to the class within to respect of which any goods fall shall be decided by the Registrar. particular I 4. (1) Subject to the provisions of this section, and to sections 7 and 8 of this Act, the registration (whether before or after the · A ct ) 0 f a person In . P art A 0 f t hee register rezi commencement 0 f t IlIS as proprietor of a trade mark (other than a certification trade mark) in respect of any goods shall" if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to those goods.. (2) Without prejudice to the generality of subsection (1) of this section the right referred to in that subsection shall be deemed to be infringed by any person who" not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, 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 used 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 as registered user to use the trade mark or to goods with which such a person is connected in the course of trade" goods, Right given ~Y rt:gisptra... tion In art A and infringement thereof..