TRADE MARKS ACT PART IV (iii) the connection in the course of trade that existed between the applicant and that other person was made known; and REGISTRABILITY AND VALIDITY OF REGISTRATION 12 Distinctiveness requisite for registration in Part A (1) In order to be registrable in Part A of the Register, a trade mark shall contain or consist of at least one of the following essential particulars— (a) the name of a company, individual or firm, represented in a special or particular manner; (b) the signature of the applicant for registration or some predecessor in his business; (c) an invented word or invented words; (d) a word or words having no direct reference to the character or quality of the goods or services concerned and not being, according to its or their ordinary signification, a geographical name or a surname: Provided that a word or words shall not be regarded as being, according to its or their ordinary signification, a geographical name or a surname if the trade mark contains an additional essential particular that makes the intended significance clear beyond doubt; (e) any other distinctive mark: Provided that a name, signature or word which does not, or words which do not, fall within the descriptions in paragraphs (a), (b), (c) and (d) shall not be registrable under the provisions of this paragraph except upon evidence of its or their distinctiveness. (2) For the purposes of subsection (1)— “distinctive” means apt, in relation to the goods or services in respect of which the trade mark is proposed to be registered, to distinguish goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in relation to use within the extent of the registration. (3) In determining whether a trade mark is apt to distinguish as mentioned in subsection (2), the Registrar may have regard to the extent to which— (a) the trade mark is inherently apt to distinguish as aforesaid; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact apt to distinguish as aforesaid. (4) Where— (a) an application has been made for registration of a trade mark in Part A of the Register; and (b) before the date of the application— (i) the trade mark was, with the consent and authority of the applicant, used by a person other than the applicant and the applicant exercised control over the character or quality of the goods or services of that other person in respect of which the trade mark was used; and (ii) the use of the trade mark by that other person was in accordance with any conditions set out in the application referred to in paragraph (c); and ss 6–9 (c) an application has been made by the applicant and that other person for the registration of that other person as a registered user of the trade mark; and 85 [Chapter 26:04]