11. Relative grounds for refusal of registration .
(1)Save as provided in section 12, a trade mark
shall not be registered if, because of - (a)its identity with an earlier tr ade mark and similarity of goods or services cove red by the trade
mark; or (b)its similarity to an earlier trade mark and the identity or similarity of the goods or serv ices
covered by the trade mark,
there exists a likelihood of confusion on the part of the public, which includes the likelihood of
associati on with the earlier trade mark.