8 Fees Trade and Service Marks Journal No. 12 Trade and Service Marks 1986 12. (1) Where under the provisions of this Act:(a) a fee is payable in respect of the performance of any act by the Registrar, the Registrar shall not perform that act until the fee has been paid; or (b) a fee is payable in respect of doing of any act by any person other than the Registrar, the act shall be deemed not to have been lodged until the fee has been paid; or (c) a fee is payable in respect of the lodging of a dreument, the document shall be deemed not to have been lodged until the fee has been paid. (2) All fees prescribed under this section shall be collected and accounted for in such manner as the Minister with the approval of the Minister for Finance shall direct. 13. The Registrar shall publish a journal. to be referred to as the Trade and service Marks Journal, in which particulars of applications for the registration of trade marks, reports of cases, any other matters arising under the provisions of this Act and any other matters as he may deem fit. PART III ACQUISITION OF THE EXCLUSIVE RIGHT To A TRADE OR SERVICE MARKS AND CLASSIFICATION Acquisition of the exclusive Right Classification of Registration 14.--(I) The exclusive right to the use of a trade or service mark as defined in section 32 shall be acquired by registration in accordance with the provisions of this Act. (2) Registration of a trade or service mark shall not be considered validly granted until the application has fulfilled the conditions for registration. 15. Trade or service Marks shall be registered in respect of particular goods or services in one or more classes of International Classification, and if any question arises as to which class does any goods or services fall shall be determined by the Registrar, who shall have the final decision. PART IV REGISTRABILITY REQUIREMENTS Distractive-. ness 16.--(1) A trade or service mark shall be registered if it is distinctive. (2) For the purpose of this section a trade or service mark is distinctive if it is capable, in relation to goods or services in respect of which it is registered or proposed to be registered, of distinguishing, goods or services with which its proprietor is or may be connected in the course of trade or business from goods or services in the case of which no such connection subsists, either generally or, where the trade or service mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of registration. (3) In determining whether a trade or service mark is capable of distinguishing for the purpose of subsection (2), regard shall be to the extent to which-