ss 37–41 TRADE MARKS ACT (b) ante-dating the registration of a trade mark in respect of any goods or services: Provided that the provisions of this subsection shall not have effect in relation to any goods or services as to which the Registrar is satisfied that compliance with such provisions in relation thereto would involve undue complexity and that the addition or ante-dating, as the case may be, would not affect any substantial quantity of goods or services and would not substantially prejudice the rights of any person. (5) An appeal shall lie from any decision of the Registrar under this section. (b) accept the application and approve the rules, either without modification and unconditionally or subject to any conditions or limitations or to any amendments or modifications of the application or of the rules as he may think fit. PART IX CERTIFICATION MARKS 42 Certification mark to be distinctive (1) A mark apt, in relation to any goods or services, to distinguish in the course of trade, goods or services certified by any person in respect of origin, material, mode of manufacture or performance, quality, accuracy or any other characteristic from goods or services not so certified shall be registrable as a certification mark in Part C of the Register in respect of those goods or services 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 or services of the kind certified. (2) In determining whether a mark is apt to distinguish as mentioned in subsection (1), the Registrar may have regard to the extent to which— (a) the mark is inherently apt to distinguish in relation to the goods or services in question; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact apt to distinguish as mentioned in subsection (1) in relation to the goods or services in question. 43 Right given by registration of certification mark The rights acquired by registration of a certification mark shall, subject to this Part, be the same as the rights acquired by registration of a trade mark in Part A of the Register and, for that purpose, sections eight, ten and eleven shall apply, mutatis mutandis, in relation to certification marks. 44 Application for registration of certification mark (1) An application for the registration of a certification mark in Part C of the Register shall be made to the Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof. (2) An applicant for the registration of a certification mark shall transmit to the Registrar draft rules for governing the use thereof at such time before the decision of the Registrar on the application as the Registrar may require in order to enable him to consider the draft. (3) Subject to this Act, the Registrar may— (a) refuse the application; or [Chapter 26:04] (4) Subsections (4) to (8) of section twenty-one shall apply, mutatis mutandis, in relation to an application in 106