Trade Marks [CAP. 401 3S istic from goods not so certified shall be registrable as a certification trade mark in Part C of the register in respect of those goods in the name, as proprietor thereof, of that person: Provided that a mark shall not be so registrable in the name of a person who carries on a trade in goods of the kind certified. (2) In determining whether a mark is adapted to distinguish 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 mark is inherently adapted to distinguish as aforesaid in relation to the goods in question; and (b) by reason of the use of the mark or of any other circum­ stances, the mark is in fact adapted to distinguish as afore­ said in relation to the goods in question. (3) Subject to the provisions of subsections (4) to (6) and of sec­ tions twelve and thirteen, the registration of a person as proprietor of a certification trade mark in respect of any goods shall, if valid, give. to that person the exclusive right to the use of the trade mark in rela­ tion to those goods, and, without prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a person authorised by him under the regulations 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 reg­ istered and in such manner as to render the use of the mark likely to be taken either­ (a) as being use as a trade mark; or (b) in a case in which the use is upon the goods or in physical relation thereto or in an advertising circular or other adver­ tisement issued to the public, as importing a reference to some person having the right either as proprietor or by his authorisation under the relevant regulations to use the trade mark or to goods certified by the proprietor. (4) The right to the use of a certification trade mark given by reg­ istration as aforesaid shall be subject to any conditions or limitations entered on the register and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in in any place; in relation to goods to be exported to any market or in any other circumstances to which, having regard to any such limitations, the registration does not extend. (5) The right to the use of a certification trade mark given by reg­ istration as aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid by any person­