ss 15–19 TRADE MARKS ACT and their rights determined or their rights have been settled by agreement in a manner approved by the Registrar. (4) Where the Registrar, in carrying out his duties under this section, has to consider any matter involving deception or confusion, he shall have regard to the likelihood of deception or confusion arising between any trade mark as applied in relation to goods and any trade mark as applied in relation to services. (5) An appeal shall lie from any decision of the Registrar under this section. 16 Registration in Part A to be conclusive as to validity after five years In all legal proceedings relating to a trade mark registered in Part A of the Register, including applications under section thirty-seven, the original registration of the trade mark in Part A of the Register shall, after the expiration of five years from the date of that registration, be taken to be valid in all respects, unless— (a) that registration was obtained by fraud; or (b) the trade mark offends against section fourteen: Provided that this section shall not preclude the expunging or variation in terms of subsection (2) of section thirty-eight of the registration of a distinguishing guise. (b) the Registrar is satisfied that there would be no likelihood of deception or confusion being caused by the use of that trade mark; the Registrar, in deciding whether the trade mark shall be entered on the Register, may require, as a condition of its being entered on the Register, that the blank space or spaces shall, in use— 17 Registration subject to disclaimer (1) Subject to subsection (2), if a trade mark— (a) contains any part not separately registered by the proprietor as a trade mark; or (b) contains matter common to the trade or otherwise of a non-distinctive character; the Registrar, in deciding whether the trade mark shall be entered or shall remain on the Register, may require, as a condition of its being on the Register, that— (i) the proprietor shall disclaim any right to the exclusive use of any part of the trade mark or to the exclusive use of all or any portion of such trade mark as aforesaid, to the exclusive use of which the Registrar holds him not to be entitled; or (ii) the proprietor shall make such other disclaimer as the Registrar may consider necessary for the purposes of defining his rights under the registration. (2) A disclaimer on the Register shall not— (a) affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made; or (b) prejudice or affect any right the proprietor may have in relation to another application for registration at a later date if the disclaimed matter is, at that later date, deemed to have become distinctive in connection with his goods or services. (i) be left vacant; or 18 Requirements in regard to blank spaces If— (a) a trade mark contains any blank space or spaces apparently intended for added matter; and [Chapter 26:04] 88