TRADE MARKS ACT (5) Notwithstanding anything to the contrary contained in this section, a distinguishing guise shall not be registrable in Part B of the Register. (6) An appeal shall lie from any decision of the Registrar under this section. ss 12–15 services or description of goods or services, the Registrar may refuse to register any of them until their applications have been referred in accordance with the prescribed procedure to the Tribunal 14 Prohibition of registration or maintenance of registration of deceptive, etc., matter (1) A mark— (a) the use of which would be likely to deceive or cause confusion; or (b) the use of which would be contrary to law; or (c) which comprises or contains scandalous matter; or (d) which is prescribed to be a prohibited mark; or (e) which, for any other reason, would not be entitled to protection in a court of law; shall not be registered as a trade mark. (2) It shall not be lawful to maintain the registration of a trade mark which, through fault or neglect on the part of the registered proprietor or his assignee, has become one which is likely to deceive or cause confusion or which, for any other reason, would not be entitled to protection in a court of law. (3) Where, in the opinion of the Registrar, a trade mark will in use be likely to deceive or cause confusion as to the character or quality of some, but not all, of the goods or services included in the appropriate classification referred to in section seven, the Registrar may, notwithstanding subsection (1) of section thirty-one, upon receipt of an undertaking by the proprietor of the trade mark that he will limit the use of the trade mark to goods or services in relation to which such use will, in the opinion of the Registrar, not be likely to deceive or cause confusion, register the trade mark in respect of the goods or services concerned and of some or all of the other goods or services included in the appropriate classification referred to in section seven. 15 Prohibition of registration of identical or resembling trade marks (1) Subject to subsection (2), no trade mark shall be registered in respect of any goods or services or description of goods or services that— (a) is identical with a trade mark belonging to a different proprietor and already on the Register in respect of the same goods or services or description of goods or services; or (b) so nearly resembles a trade mark belonging to a different proprietor and already on the Register in respect of the same goods or services or description of goods or services as to be likely to deceive or cause confusion. (2) In the case of honest concurrent use or other special circumstances which, in the opinion of the Registrar, make it proper so to do, the Registrar may permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or services or description of goods or services by more than one proprietor, subject to such conditions or limitations, if any, as the Registrar may think it right to impose. (3) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other in respect of the same goods or 87 [Chapter 26:04]