14 CAP.401J Trade Marks the foregoing paragraphs (a), (b), (c) and (d), shall not be registrable under the provisions of this paragraph except upon evidence of its distinctiveness. (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 p.roposed to be registered, to distinguish goods with which the pro­ prietor 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) The Registrar, or the High Court in the event of an appeal from a decision of the Registrar, in determining whether a trade mark is adapted to distinguish as aforesaid, may have regard to the extent to which­ (a) the trade mark is inherently adapted to distinguish as afore­ said; and (b) by reason of the use of the trade mark or of any other cir­ cumstances, the trade mark is, in fact, adapted to distin­ guish as aforesaid. (4) An appeal shall lie from any decision of the Registrar under this section. (As amended by Act No. 17 of 1980) Capability of distinguishing requisite for registration in Pan B 15. (I) In order for a trade mark to be registrable in Part B of the register, it must be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the proprietor of the trade mark is or may be con­ nected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is reg­ istered 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 distinguish­ ing as aforesaid, the Registrar, or the High Court in the event of an appeal from a decision of the Registrar, may have regard to the extent to which­ (a) the trade mark is inherently capable of distinguishing as aforesaid; and (h) by reason of the use of the trade mark or of any other cir­ cumstances, the trade mark is, in fact, capable of distin­ guishing as aforesaid. (3) A trade mark may be registered in Pan B notwithstanding any registration in Pan A in the name of the same proprietor of the same trade mark or any part or parts thereof.