10.—(1) A trade mark (other than a certification trade mark) registrable in Part A of the register shall contain or consist of at least one of the following essential particulars:
(a)
the name of a company, individual or firm represented in a special or particular manner;
(b)
the signature of the applicant for the registration or some predecessor in his business;
(c)
an invented word or invented words;
(d)
a word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or surname;
(e)
any other distinctive mark; provided that a name, signature, or word or words, other than such as fall within the descriptions in paragraphs (a), (b), (c) and (d), shall not be registrable under this paragraph except upon evidence of its distinctiveness.
(2) For the purposes of this section, “distinctive” means adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration.
(3) In determining whether a trade mark is adapted to distinguish as aforesaid the Registrar or the court may have regard to the extent to which —
(a)
the trade mark is inherently adapted to distinguish as aforesaid; and
(b)
by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to distinguish as aforesaid:
Provided that any mark which has been registered as a distinctive mark in Part A of the register kept in the United Kingdom under the Trade Marks Act 1938 [U.K. 1938 c. 22] shall be deemed to be a distinctive mark for the purpose of this Act.