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Offences in relation to national mark.
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38.—(1) If any person who is not the holder of a licence to use the national mark shall use or apply the national mark or any colourable imitation thereof on, to, or in connection with any butter or any other article in respect of which the national mark is registered in any register of trade marks or designs in Saorstát Eireann, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment.
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(2) If any person who is the holder of a licence to use the national mark shall use or apply the national mark in contravention of the terms of such licence or of any regulation made under this Act or shall use or apply any colourable imitation of the national mark on, to, or in connection with any butter or any other article in respect of which the national mark is registered in any register of trade marks or designs in Saorstát Eireann, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment.
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