Ordinance on the Protection of the Swiss Coat of Arms and Other Public Signs

The implementation of the administrative tasks as stipulated in the CAPA and this Ordinance is a matter for the Swiss Federal Institute of Intellectual Property (IPI) unless other offices are made responsible.

¹ Submissions to the IPI must be made in an official language of the Confederation.

² Where official documents of evidence are not submitted in an official language, the IPI may request a translation and a certificate of its accuracy.

The public bodies, organisations and companies entitled to use the Swiss coat of arms in their logo and carry out public tasks as autonomous entities may also use the logo for the identification of commercial services that they provide within the framework of the relevant legal bases.

The following are considered other emblems of the Confederation under Article 4 CAPA:

a.

signs under Annex 6 numbers 1.1–1.3 of the Measuring Instruments Ordinance of 15 February 2006² (MIO) and verification marks and verification stamps specified by the Federal Institute of Metrology on the basis of Annex 5 number 2.2 and Annex 7 No 1.2 MIO;

b.

distinctive signs of the four accuracy classes for non-automatic weighing instruments, specified by the Federal Department of Justice and Police on the basis of Article 33 MIO;

c.

hallmarks under Annex II number 1 of the Precious Metals Control Ordinance of 8 May 1934³;

d.

the accreditation marks under Annex 4 of the Accreditation and Designation Ordinance of 17 June 1996⁴.

¹ For each registered sign, the list of the protected public signs contains:

a.

a reproduction of the sign, supplemented with details of the proportions of the parts of the sign, if required; for a coat of arms, the list may contain a description of the coat of arms instead of a reproduction of the sign, supplemented by a sample reproduction of the sign, if required;

b.

the name and address of the competent authority of the public body to whom the sign belongs; and

c.

an indication of whether it is a coat of arms, a flag, an official sign indicating control and guarantee or another public sign

² In addition to the particulars under paragraph 1, for every registered sign, the list contains, where applicable:

a.

a list of all elements of the sign, the colours of the sign and a description of the position of the elements;

b.

a reference to the enactment in which the sign is regulated;

c.

the registration number of signs which have been registered as collective or guarantee marks by a public body.

The IPI provides information on the content of the list.

The assistance provided by the Federal Office for Customs and Border Security (FOCBS) extends to the transport of goods that are unlawfully marked with protected public domestic or foreign signs into or out of the customs territory, including the storage of such goods in a customs warehouse or free port.

¹ An application for assistance may be submitted by those entitled under Articles 20, 21 or 22 of the CAPA.

² Applications must be submitted to the Directorate General of Customs.

³ The Directorate General of Customs reaches a decision at the latest 40 days after receipt of all required application documents.

⁴ The application is valid for two years, unless it is made for a shorter period of validity. It may be renewed.

For assistance provided by the FOCBS, Articles 56–57 of the Trade Mark Protection Ordinance of 23 December 1992⁶ also apply.

Time limits set by the IPI prior to this Ordinance coming into force which are running on the day this Ordinance comes into force remain unchanged.

This Ordinance comes into force on 1 January 2017.