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36 CAP. 401] Trade Marks (a) in relation to goods certified by the proprietor of the trade mark if, as to those goods or a bulk of which they form part. the proprietor or another in accordance with his authorisa­ tion under the relevant regulations has applied the trade mark and has not subsequently removed or obliterated it or the proprietor has at any time expressly or impliedly con­ sented to the use of the trade mark; or (b) in relation to goods adapted to form part of or to be acces­ sory to other goods in relation to which the trade mark has been used without infringement of the right given as afore­ said or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accor­ dance with the fact that the goods are certified by the pro­ prietor: Provided that paragraph Co) 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 regula­ tions. (6) Where a certification trade mark is one of two or more regis­ tered 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 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 Marks 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 authorise 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 authorise the use of the trade mark in accordance with the regula­ tions). Regulations so deposited shall be open to inspection in like manner as the register. (8) A certification trade mark shall not be assignable or transmis­ sible otherwise than with the consent of the Registrar. (9) The provisions of the Schedule shall have effect with respect to the registration of a mark under this section and to marks so reg­ istered. (10) In this section, "person" includes the Minister responsible for the administration of any Ministry or Government department which

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