proprietor. LAWS OF MALAWI Trade marks Cap. 49:01 Provided that paragraph (a) shall not have effect in the case of use consisting of the application of any such mark as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that paragraph, if such application is contrary to the relevant regulations. (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 if the right to the use of that trade mark given by registration shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks. (7) There shall be deposited at the Trade Mark Office in respect of every trade mark registered under this section regulations approved by the Registrar for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods and to authorize the use of the trade mark and may contain any other provisions that the Registrar may require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorize the use of the trade mark in accordance with the regulations). Regulations so deposited shall be open to inspection in like manner as the register. (8) A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar. (9) The First Schedule shall have effect with respect to the registration of a mark under this section and to marks so registered. (10) In this section, “person” includes the Minister responsible for the administration of any Ministry or Government department which has been authorized or established to certify goods in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic. (11) Marks which, immediately before the 1st January, 1964, were registered under the former trade marks legislation as certification trade marks shall be deemed to be registered as certification trade marks in Part C of the register. PART IX FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS 43. (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 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. Preliminary advice by Registrar as to distinctiveness.