Ben registered the trade mark "Hercules" for industrial locks in 1972. In 2011, Tom decides to file an application for "Hercules", but in relation to sports shoes. Which of the following is correct?

A) Tom cannot register the trade mark because of Ben's existing registration dating back to 1972 and being for the same word;

B) Tom cannot register the trade mark because of Ben's existing registration being for the same word;

C) Tom can possibly register the trade mark because of Ben's existing registration is for different goods;

D) Tom can possibly register the trade mark because of Ben's existing registration is for different goods and more than 5 years has elapsed from the time of Ben's registration.