(1) If after examining an application made under this Part, the Registrar is satisfied that—
(a) the application has been made in accordance with this Act;
(b) subject to subsection (2), the rules referred to in section 152—
(i) would not be detrimental to the public, and
(ii) are satisfactory having regard to the criteria prescribed under section 152(2);
(c) the applicant or the approved certifiers are competent to certify the goods or services or both in respect of which the certification trade mark is to be registered;
(d) the trade mark is capable of distinguishing goods or services certified by the applicant or an approved certifier from the goods or services not so certified;
(e) there are no other grounds for rejecting the application,
the Registrar shall register the certification trade mark and issue a certificate to that effect to the applicant and shall publish notice of the registration in the prescribed form in the Gazette.
(2) In deciding, under subsection (1)(d), whether or not a certification trade mark is capable of distinguishing goods or services certified by the applicant or an approved certifier, the Registrar shall take into account the extent to which—
(a) the certification trade mark is inherently adapted so to distinguish those goods or services; or
(b) because of its use or of any other circumstances the certification trade mark has become adapted so to distinguish those goods or services.
(3) The Registrar may require the applicant to make amendments to any of the rules referred to in section 152 as the Registrar considers necessary.