ss 47–54 (b) (c) (d) the proprietor has failed to observe a provision of the rules deposited in terms of section forty-six which it was his duty to observe; or it is no longer to the advantage of the public that the mark should be registered; or the advantage of the public requires that if the mark remains registered, the rules deposited in terms of section forty-six should be varied. TRADE MARKS ACT the ground that the trade mark is not apt to distinguish or capable of distinguishing, as the case may be, 48 Assignment or transmission of certification mark A certification mark shall not be assignable or transmissible otherwise than with the consent of the Registrar who may grant his consent subject to such terms and conditions as he may think fit. 49 Appeals against refusal by registered proprietor to certify goods or services (1) There shall be a right of appeal to the Registrar in the prescribed manner against the refusal by the registered proprietor of a certification mark to certify goods or services or to authorize the use of the certification mark in accordance with the rules deposited in terms of section forty-six. (2) Notwithstanding section fifty-five, the Registrar shall not have jurisdiction to award costs to or against any party on an appeal to him in terms of subsection (1). 50 Provisions of the Act not applicable to certification mark Save as otherwise provided in this Part, this Act other than— (a) subsections (4) to (8) of section twenty-seven and sections thirty-one, thirty-two, thirtythree, thirty-four and ninety-nine; and (b) any provision the operation of which is limited by the terms thereof to registration in Part B of the Register; shall apply, mutatis mutandis, in relation to a certification mark. PART X FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS 51 Preliminary advice by Registrar as to distinctiveness, deceptiveness, etc. (1) It shall be a function of the Registrar to give to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the Register advice as to whether the trade mark appears to the Registrar prima facie— (a) to be inherently apt to distinguish or capable of distinguishing, as the case may be, for the purposes of section twelve or thirteen, as the case may be; or (b) not to be prohibited from registration by virtue of subsection (1) of section fourteen. (2) Any person referred to in subsection (1) who is desirous of obtaining advice mentioned in that subsection shall make application to the Registrar therefor in the prescribed manner. (3) If, on the application for the registration of a trade mark as to which the Registrar has given advice in terms of subsection (1) in the affirmative, made within three months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on [Chapter 26:04] 108