Section 51

51. A mark shall not be registrable as a certification trade mark certiilcatfon certiilcatfon trade mark in the name of a person who carries on a not reglstepd reglstepd to be trade in goods of the kind certified. trade mark certiilcatfon certiilcatfon not reglstepd reglstepd to be F~~%& `n` ooda eerUfle% thereby. 52. In determining whether a mark is adapted to Determlnatlon whether a distinguish in accordance with the provisions of clause mark is a eertlflcatlon (b) of sub-section (I) of section 2, the tribunal may trademark. have regard to the extent to which- - (a) the mark is inherently so adapted to distinguish in relation to the goods in question ; and - (b) by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.