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From the date on which this act takes effect, every manufacturer of carbonated beverages who registers for his exclusive use, in the Department of State, the container which he is to use, with its exclusive trademark, shall be entitled to have said container used only by the manufacturer in whose name it appears registered; Provided, That any manufacturer of carbonated beverages who reuses for bottling or for selling his products the bottles of a manufacturer of carbonated beverages who has such bottles registered in his name in the Department of State, and does so without the express written consent of the owner of that registered trademark, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in jail for not more than sixty (60) days, or by both penalties, fine and imprisonment, in the discretion of the court. History —Apr. 9, 1936, No. 13, p. 186, § 1.