shall, if valid, give to that person the exclusive right to the use of he trade mark in relation to those goods. (4) Without prejudice to the generality of he right to the use of a certification trade mark given by such registration as aforesaid, that right shall be taken to be infringed by any person who, not being the proprietor of the trade mark or a person authorised by him under the rules in that behalf using it in accordance therewith, 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) (b) as being use as a trade mark; or in a case in which the use is use upon he 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 by his authorisation under he relevant rules to use the trade mark or to goods certified by the proprietor. (5) The right to the use of a certification trade mark given by such registration as aforesaid shall be subject to any conditions or limitations entered on the register, and the use of any such mark as aforesaid in any circumstances to which, having regard to any such limitations, the registration does not extend shall not constitute an infringement of that right. (6) Where a certification trade mark is one of two or more registered trade marks that are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration shall not constitute an infringement of the right to the use of any other of those trade marks so given. (7) There shall be deposited at the office of the Registrar in respect of every trade mark registered under this section, rules approved by he Minister for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods and to authorise the use of the trade mark, and may contain any other provisions that the Minister may require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of he proprietor to certify goods or to authorise the use of the trade mark in accordance with the rules). (8) Rules deposited under subsection (7) of this section, shall be open to inspection in like manner as the register. (9) A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Minister. (10) The provisions of he First Schedule of this Act shall have effect with respect to the registration of a mark under this section and to marks so registered. International arrangements 44. (1) Any person who has applied for protection for any trade mark in a convention country or his legal representative or assignee shall be entitled to registration of his trade mark under this Act in priority to other applicants; and the registration shall have the same date as the date of the application in the Convention country: Provided that - (a) this subsection shall not apply unless application for registration is made within six months from the application for protection in the Convention country; and (b) nothing in this section shall entitle the proprietor of the trade mark to recover damages for infringements happening prior to the actual date on which his trade mark is registered in Nigeria.