Key Benefits:
28 August 1992 (State 1 Er July 2011)
1 The mark is a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings.
2 Words, letters, numerals, graphic representations, shapes in three dimensions, alone or in combination with each other or with colours, may in particular constitute marks.
Are excluded from coverage:
1 Also excluded from protection are:
2 Earlier trade marks are defined as:
3 Only the proprietor of the earlier mark may invoke the grounds for refusal under this Article.
Trademarks registered without the consent of the holder on behalf of an agent, representative or other authorized user are not protected; the same applies to marks that have not been deleted from the register, although the holder has revoked Consent.
The right to the mark shall be registered.
The right to the mark belongs to the person who puts it first.
1 Where a mark has been legally deposited for the first time in another Member State of the Paris Convention 1 Or that the deposit has effect in one of those States, the applicant or his successor in title may claim the date of the first filing to file the same mark in Switzerland, provided that the deposit in Switzerland takes place within six months of the first filing.
2 The first deposit in a State granting reciprocity to Switzerland has the same effect as the first deposit in a member State of the Paris Convention.
Any person who presents a product or services designated by a trade mark in an official or officially recognized exhibition within the meaning of the Convention of 22 November 1928 1 Concerning international exhibitions, organised in a Member State of the Paris Convention 2 May take advantage of the date of the opening of the exhibition, provided that the trade mark is filed within six months after that date.
1 Everyone who claims the right of priority arising out of the Paris Convention 1 An exhibition must produce a declaration of priority and a priority document at the time of filing.
2 The right of priority shall be extinguished when the time limits and formalities prescribed in the order are not complied with.
3 The inclusion of a priority constitutes only a presumption in favour of the proprietor of the mark.
1 The registration shall be valid for ten years from the date of filing.
2 The registration shall be extended, upon request, by periods of ten years, provided that the fees prescribed for that purpose by the order are paid. 1
3 The request for extension must be submitted to the Federal Institute of Intellectual Property (IPI) 2 Within the twelve months preceding the registration deadline, and no later than six months after the registration deadline. 3
1 New content according to the c. 2 of the Annex to the PMQ of 24 March 1995 on the status and tasks of the IPI, in force since 1 Er Jan 1996 (RO) 1995 5050; FF 1994 III 951).
2 The designation of the administrative unit has been adapted in accordance with Art. 16, para. 3, of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
3 New content according to the c. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393).
4 Repealed by c. 2 of the Annex to the PMQ of 24 March 1995 on the status and tasks of the IPI, with effect from 1 Er Jan 1996 (RO) 1995 5050; FF 1994 III 951).
1 Protection shall be granted in so far as the mark is used in relation to the registered goods or services.
2 The use of a form of the trade mark does not differ substantially from the registered trade mark and the use for export is assimilated to the use of the mark.
3 The use of the mark to which the holder consents is deemed to be used by the holder.
1 If, as from the expiry of the opposition period or, in the case of opposition from the end of the opposition proceedings, the proprietor has not used the mark in relation to the goods or services registered, during an uninterrupted period of five Years, he can no longer assert his right to the mark, unless the default of use is due to a just cause.
2 If the use or resumption of use of the mark takes place after more than five years, the right to the trade mark shall be returned with effect from the date of the priority of origin, provided that no person has relied on the failure to use it under para. 1 before the date of first use or resumption of use.
3 Any person who invokes the defect in use must make it likely; proof of use shall then be the responsibility of the holder.
1 The right to a trademark shall confer on the owner the exclusive right to use the mark in order to distinguish and dispose of the registered goods or services.
2 The proprietor may prohibit the use of signs for which protection is excluded by virtue of s. 3, para. 1. In particular, it may prohibit third parties:
2bis The holder may assert the rights provided for in para. 2, let. D, even if the import, export or transit of industrial manufacturing products are made for private purposes. 2
3 The Permittee may assert these rights against any authorized user within the meaning of s. 4.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
2 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 The holder may not prohibit a third party from continuing to use, to the same extent as hitherto, a sign that that third party was already using before the deposit.
2 This right to continue the use is only transferable with the company.
1 The owner of a well-known mark may prohibit third parties from using that mark in respect of all the goods or services provided that such use threatens the distinctive character of the mark, exploits its reputation or infrings its reputation.
2 Rights acquired before the mark wins its high reputation are reserved.
If a mark is reproduced in a dictionary, another reference work or a similar work without any indication that it is a registered mark, the owner may require the publisher or the distributor to reproduce the Mark is completed, at the latest in a new printing.
1 The owner of the mark may transfer it for all or part of the registered goods or services.
2 The transfer is valid only in the written form. It shall have effect vis-à-vis third parties in good faith only after its registration.
3 The actions provided for in this Law may be commenced against the former holder until the transfer is registered.
4 Unless otherwise agreed, the transfer of the undertaking involves the transfer of the right to the mark.
1 The proprietor of the mark may, at any time, request in writing the division of the registration or application for registration.
2 The goods and services are divided between divisional applications or registrations.
3 Divisional applications or registrations shall retain the filing date and priority date of the original application or registration.
1 Introduced by ch. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393).
1 The owner of the mark may authorize third parties to use it on all or part of the Swiss territory for all or part of the registered goods or services.
2 At the request of a party, the licence shall be entered in the Register. It thus becomes effective against any right to the mark acquired subsequently.
2 International treaties to which Switzerland is a party which grant more extensive rights than those provided for in this Law shall also apply to Swiss nationals.
1 Repealed by c. II 11 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
1 The guarantee mark is a sign used by several undertakings under the control of its proprietor, in order to guarantee the quality, geographical origin, method of manufacture or other common characteristics of products or Services of these companies.
2 The use of the guarantee mark shall be prohibited for the goods or services of the proprietor of the trade mark or of an undertaking which is closely linked to it in economic terms.
3 With adequate remuneration, the holder must authorise the use of the guarantee mark for goods or services which have the common characteristics guaranteed by the regulation of the mark.
The collective mark is the sign of a grouping of enterprises of production, trade or services; it is used to distinguish the goods or services of the members of the group from those of other undertakings.
1 The applicant for a guarantee or collective mark must submit to the IPI 1 A regulation concerning the use of the mark.
2 The regulation of the guarantee mark lays down the common characteristics of the goods or services which it must guarantee; it also provides for effective control of the use of the mark and the appropriate penalties.
3 The regulation of the collective mark refers to the circle of companies entitled to use it.
4 The regulation must not contravene public order, morality or the law in force.
1 New term according to c. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393). This mod has been taken into account. Throughout the text.
The Regulations must be approved by the IPI, which will grant its approval if the conditions set out in s. 23 are completed.
If the regulations do not meet the requirements of s. 23 and that the proprietor of the mark does not remedy that fact within the time limit fixed by the court, the registration of the mark shall be null and void by the expiry of that period.
If the holder tolerates, contrary to the essential provisions of the Regulation, a repeated use of his guarantee mark or his collective mark, and does not remedy that fact within the time limit fixed by the judge, the registration of the Mark is null at the end of that period.
In order to be valid, the transfer of the guarantee mark or collective mark and the grant of a licence in respect of a collective mark must be entered in the Register.
1 Everyone can register a trademark.
2 Anyone wishing to file a trademark must submit to the IPI:
3 For the filing, the fees prescribed for that purpose by the order are due. 1
1 New content according to the c. 2 of the annex to the PMQ of 24 March 1995 on the status and tasks of the Federal Institute of Intellectual Property, in force since 1 Er Jan 1996 (RO) 1995 5050; FF 1994 III 951).
2 Repealed by c. 2 of the Annex to the PMQ of 24 March 1995 on the status and tasks of the IPI, with effect from 1 Er Jan 1996 (RO) 1995 5050; FF 1994 III 951).
1 The mark shall be registered as soon as the documents referred to in Art. 28, para. 2, have been remitted.
2 Where, after the filing, a mark is replaced or substantially amended, or the list of goods or services is extended, the filing date shall be that of the day on which those amendments are filed.
1 The IPI declares the application inadmissible if the conditions of filing provided for in Art. 28, para. 2, are not fulfilled.
2 It rejects the application for registration, if:
3 It registers the mark when there are no grounds for refusal.
1 The proprietor of an earlier mark may lodge an opposition against a new registration on the basis of s. 3, para. 1.
2 The opposition must be substantiated in writing with the IPI within three months of the publication of the registration. The opposition fee must also be paid within that period.
If the defendant invokes the non-use of the earlier mark under s. 12, para. 1, the opponent must make the use of his mark or the existence of just grounds for his non-use likely.
If the opposition is founded, the registration shall be revoked in whole or in part; otherwise, the opposition shall be rejected.
The IPI decides, by ruling on the opposition itself, whether and to what extent the costs of the winning party will be borne by the unsuccessful party.
The IPI shall, in whole or in part, cancel the registration of the mark, where:
The IPI maintains the register of marks.
1 IPI publishes:
2 The Federal Council shall lay down the other entries in the Register which shall be published.
3 The IPI determines the publishing body. 1
1 New content according to the c. II 3 of the Annex to the PMQ of 5 Oct. 2001 on designs, in force since 1 Er Jul. 2002 ( RO 2002 1456 ; FF 2000 2587 ).
1 Each person may consult the register, request information on its contents and obtain extracts from it.
2 In addition, each has the right to consult the registered trade mark file.
3 The Federal Council shall determine the cases in which the file may be consulted before the registration of the mark.
1 The Federal Council may authorize the IPF to regulate electronic communications under the general provisions of the federal procedure.
2 Records may be maintained and maintained in electronic form.
3 The register of marks may be kept in electronic form.
4 The IPI may make its data available to third parties, in particular on-line; it may require remuneration for this service.
5 The publications of the IPI may be submitted in electronic form; the electronic version is, however, authentic only if the data are published exclusively in electronic form.
1 New content according to the c. 4 of the annex to the LF of 19 Dec. 2003 on electronic signature, effective from 1 Er Jan 2005 ( RO 2004 5085 ; FF 2001 5423 ).
1 The applicant or holder who has not observed a time limit to be held in respect of the IPI may request that the IPI continue the procedure. Art. 24, para. 1 of the Federal Act of 20 December 1968 on administrative procedure 1 Is reserved. 2
2 The request must be made within two months of the date on which the applicant became aware of the expiry of the time limit, but no later than six months after the expiry of the time limit not observed; within the same time limit, the applicant must Complete the omitted act and pay the fees prescribed for that purpose by the order. 3
3 Acceptance of the request has the effect of restoring the situation which would have resulted from the completion of the act in due time.
4 Continuation of the procedure is excluded in the event of non-compliance:
1 RS 172.021
2 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
3 New content according to the c. 2 of the Annex to the PMQ of 24 March 1995 on the status and tasks of the IPI, in force since 1 Er Jan 1996 (RO) 1995 5050; FF 1994 III 951).
4 Introduced by c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
Any person who participates in an administrative procedure provided for in this Law without having a domicile or a seat in Switzerland shall indicate a domicile of notification in Switzerland.
1 New content according to the c. 1 of the Annex to the PMQ of 20 March 2009 on patent attorneys, in force since 1 Er Jul. 2011 ( RO 2011 2259 ; FF 2008 327 ).
1 This Chapter applies to international registrations under the Madrid Agreement of July 14, 1967. 2 Concerning the International Registration of Marks (Madrid Agreement) and the Protocol to the Madrid Agreement Concerning the International Registration of Marks of 27 June 1989 3 (Madrid Protocol) effected through the IPI or having effect in Switzerland.
2 The other provisions of this Law shall apply unless the Madrid Agreement or the Madrid Protocol and this chapter provide otherwise.
1 New content according to the c. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393).
2 RS 0.232.112.3
3 RS 0.232.112.4
1 It is possible to request through the IPI:
2 The international registration of a mark, an application for registration, or the amendment of an international registration shall be subject to the payment of the fees prescribed by the Madrid Agreement, the Madrid Protocol and the Order.
1 New content according to the c. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393).
2 RS 0.232.112.3
3 RS 0.232.112.4
1 The international registration providing for protection in Switzerland has the same effect as the deposit made with the IPI and the entry in the Swiss register. 1
2 Where protection for Switzerland is refused to the mark which has been the subject of an international registration, it shall be deemed never to have had effect.
1 New content according to the c. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393).
1 The international registration may be converted into a national application where:
2 The oppositions filed against the registration of marks which have been filed within the meaning of para. 1 are inadmissible.
1 Introduced by ch. I of the 4 Oct PMQ. 1996, effective from 1 Er May 1997 (RO 1997 1028; FF 1996 II 1393).
1 An indication of source means any direct or indirect reference to the geographical origin of the goods or services, including the reference to properties or quality, in relation to the source.
2 Not indications of source within the meaning of para. 1 geographical names or signs which are not considered by the circles concerned to be a reference to the source of the goods or services.
3 The use is prohibited:
4 Regional or local indications of source for services are considered to be accurate if these services meet the country-wide criteria for provenance.
1 The origin of a product is determined by the place of manufacture or the source of the raw materials and the components used.
2 Additional conditions may be required, such as the observation of manufacturing principles or of standard or prescribed quality requirements at the manufacturing site.
3 In each case, the criteria must be defined according to their influence on the reputation of the products; where an indication of source corresponds to the uses, it is presumed to be correct.
1 The source of the services is determined by one of the following criteria:
2 Additional conditions may be required, such as the observation of the usual or prescribed principles for the services considered or the traditional link of the service provider with the country of origin.
3 In each case, the criteria must be defined in terms of their influence on the reputation of the services; where an indication of source corresponds to the uses, it is presumed to be correct.
In the interest of the economy in general or in particular sectors, the Federal Council may specify the conditions under which an indication of Swiss origin may be used for specific goods or services. In the past, it will hear the cantons and the professional or economic associations concerned.
Where the interests of an economic sector so require, the Federal Council may establish the obligation to affix a sign of identification of the producer to the products of that sector.
In order to bring an action for the recognition of a right or legal report under this Law, any person who establishes that it has a legal interest in such a finding.
1 Instead of declaring the registration invalid, the plaintiff may bring an action for the assignment of the right to the mark which the defendant has usurped.
2 The action shall lapse two years from the date of publication of the registration or, in the cases referred to in Art. 4, from the time the holder has revoked his or her consent.
3 If the judge orders the assignment, the licences or other rights granted in the meantime to third parties fall; however, they are entitled to the grant of a non-exclusive license where they have already, in good faith, used the trade mark in good faith. Switzerland or if they have made specific preparations for this purpose. 1
4 Claims for damages are reserved. 2
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
2 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
The courts provide the IPI free of charge in full.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 A person who is or is likely to suffer a violation of his or her right to the mark or an indication of source may ask the judge to:
2 Actions taken under the code of obligations are reserved 2 Which tend to pay damages, compensation for the moral damage, and the remission of the gain under the provisions on business management.
2bis The action in performance of a benefit may be brought only after the mark has been registered in the Register. The applicant may submit an injury retroactively from the time when the defendant became aware of the contents of the application for registration. 3
3 The use of a guarantee mark or a collective mark in breach of the Regulation also constitutes an infringement of the right to the mark.
4 The person who has an exclusive license may bring an action independently of the recordal of the license in the Register, provided that the license contract does not explicitly exclude it. Any licensee may intervene in infringement proceedings to claim the damage he has suffered. 4
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
2 RS 220
3 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
4 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Actions under s. 52 and 55, para. 1, may also be brought in respect of indications of source by:
2 These associations also have standing to bring the action under s. 52 when it relates to a guarantee mark or a collective mark.
1 The judge may order the confiscation of the objects on which a mark or indication of source has been unlawfully affixed, or instruments, tools and other means primarily intended for their manufacture. 1
2 It shall decide whether the mark or indication of source must be made unrecognisable or whether the objects must be put out of use, destroyed or used in a particular way.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Repealed by c. II 10 of Annex 1 to the CPC of 19 Dec. 2008, with effect from 1 Er Jan 2011 ( RO 2010 1739 ; FF 2006 6841 ).
Any person who requests provisional measures may in particular require the judge to order them for one of the following purposes:
1 New content according to the c. II 10 of Annex 1 to the CPC of 19 Dec. 2008, effective from 1 Er Jan 2011 ( RO 2010 1739 ; FF 2006 6841 ).
At the request of the winning party, the judge may order the publication of the judgment at the expense of the other party. It determines the mode and scope of the publication.
1 Upon complaint by the injured party, a penalty of deprivation of liberty of up to one year or a pecuniary penalty shall be imposed on the person who, intentionally, infringes the right to the trade mark of another person:
2 The person who refuses to indicate the origin and quantity of the objects in his possession and on which the mark has been unlawfully removed and to designate the addressees and the quantity of the goods shall be punished with the same penalty. Items that were given to commercial buyers.
3 If the infringer acts by profession, he shall be prosecuted ex officio. The penalty is a custodial sentence of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Upon complaint of the aggrieved person, shall be punished by deprivation of liberty for a period of up to one year or of a pecuniary penalty which:
2 If the infringer acts by profession, he shall be prosecuted ex officio. The penalty is a custodial sentence of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.
3 The person who imports, exports, transits or stores goods, of which he knows that they are intended to be unlawfully offered or put into circulation for a purpose of deception, shall, upon complaint by the injured party, be punished by a fine of not more than 40 000 francs.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Upon complaint by the injured party, the person shall be punished with a penalty of deprivation of liberty of up to one year or of a pecuniary penalty which, intentionally, uses a guarantee mark or a collective mark in order to contravene the provisions of the Regulation. 1
2 The person who refuses to indicate the origin of the objects on which a guarantee mark or a collective mark is affixed in such a way as to contravene the Regulation and who are in his possession shall be punished with the same penalty. 2
3 Where these are only minor provisions of the Regulations, the judge may waive any sentence.
4 If the infringer acts by profession, he shall be prosecuted ex officio. The penalty is a custodial sentence of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed. 3
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
2 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
3 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Upon complaint of the aggrieved person, shall be punished by deprivation of liberty of up to one year or of a pecuniary penalty which, intentionally:
2 If the infringer acts by profession, he shall be prosecuted ex officio. The penalty is a custodial sentence of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
A fine of up to 20,000 francs is imposed on the person who, intentionally, contravening the provisions relating to the sign of identification of the producer.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
Acts referred to in s. 13, para. 2 Bis Are not punishable.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 The judge may suspend the criminal proceedings if the defendant invokes the nullity of the registration in a civil procedure.
2 If the defendant raises the exception for nullity of the registration in the criminal proceedings, the judge may give him a reasonable period of time to bring the action for a declaration of invalidity.
3 The limitation period is suspended while the proceedings are suspended.
Art. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law 1 Apply to offences committed in the management of a business by a subordinate, agent or representative.
Art. 69 of the Penal Code 2 Is applicable; the judge may order the confiscation of the whole object on which a mark or indication of source has been unlawfully affixed.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
2 RS 311.0
The criminal prosecution is the responsibility of the cantons.
1 The Customs Administration shall be entitled to inform the proprietor of a trade mark, entitled to an indication of source or a professional or economic association which has standing to bring an action under Art. 56 where there is reason to suspect that the importation, exportation or transit of goods on which the trade mark or indication of source has been unlawfully affixed are imminent.
2 In that case, it is entitled to retain the goods for three working days in order to enable the proprietor of the trade mark, to the right to the indication of source or to a professional or economic association which has standing to bring the case An action under s. 56 to file an application in accordance with s. 71.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Where the proprietor of a trade mark, the licensee who is entitled to act, has the right to an indication of source or a professional or economic association which is entitled to bring an action under s. 56 has serious indications to suspect the imminent importation, exportation or transit of products on which the mark or indication of source has been unlawfully affixed, they may request in writing to the Administration Customs to refuse release of these products. 1
2 The applicant shall provide the Customs Administration with all the particulars available to it and which it requires in order to rule on its application, including a precise description of the goods.
3 The administration shall decide definitively. It may levy a fee to cover administrative costs.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 When, following a request for intervention within the meaning of s. 71, para. 1 Customs administration has grounds for suspecting the importation, exportation or transit of goods on which a trade mark or indication of source has been unlawfully affixed, it shall inform the applicant, on the one hand, and the The owner or owner of the goods, on the other hand.
2 In order to enable the applicant to obtain provisional measures, the applicant will retain the products for ten working days from the moment of the information within the meaning of para. 1.
3 If the circumstances so warrant, it may hold the goods in issue for an additional period of up to ten working days.
1 New content according to the c. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 Upon request, the Customs Administration shall be entitled, during the period of the retention of the products, to submit or send to the applicant samples for examination or to allow it to examine the selected products on the spot.
2 Samples are collected and sent at the applicant's expense.
3 Once the samples have been examined, they must be returned, as long as this is justified. If samples remain with the applicant, they shall be subject to the provisions of the customs legislation.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 At the same time as the communication under s. 72, para. 1 the Customs Administration shall inform the declarant, the possessor or the owner of the goods of the possibility provided for in Art. 72 A , para. 1, to submit samples to the applicant or to allow the applicant to examine the selected products on site.
2 The declarant, possessor or owner of the goods may request to attend the examination in order to protect its manufacturing or business secrets.
3 At the reasoned request of the declarant, owner or owner of the goods, the Customs Administration may refuse the furnishing of samples.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 When filing an application within the meaning of s. 71, para. 1 The applicant may ask the Customs Administration in writing for the destruction of the goods.
2 Where a request for destruction is filed, the Customs Administration shall inform the declarant, the owner or the owner of the goods in the context of the information referred to in Art. 72, para. 1.
3 The request for destruction does not result in an extension of the time limits under s. 72, para. 2 and 3 for the provision of provisional measures.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 The destruction of the products requires the approval of the registrant, owner or owner.
2 The approval shall be deemed acquired when the declarant, owner or owner of the goods does not expressly object to their destruction within the time limits laid down in Art. 72, para. 2 and 3.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
Prior to the destruction of the goods, the Customs Administration shall collect samples and retain them as evidence for possible damages.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 If the destruction of the goods proves to be unfounded, the applicant shall reply only to the resulting damage.
2 If the declarant, owner or owner of the goods gives written approval for their destruction and the destruction proves to be unfounded, the applicant shall not be liable to pay damages.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 The applicant bears the costs associated with the destruction of the products.
2 The issue of costs related to the collection and retention of samples within the meaning of s. 72 E Shall be decided by the judge in the assessment of the damages referred to in Art. 72 F , para. 1.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
1 If the retention of the goods is likely to result in injury, the Customs Administration may make it conditional on the applicant providing a statement of responsibility. Where circumstances warrant, it may, in place and place, require the applicant to provide adequate security.
2 The applicant is required to make good the damage caused by the retention of the goods and the collection of samples if provisional measures have not been ordered or if they have proved unfounded.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
The Federal Act of 26 September 1890 1 Concerning the protection of trademarks, indications of source and references to industrial awards shall be repealed. However, art. 16 Bis , para. 2, remains applicable until the coming into force of s. 36 of this Act.
1 [RS 2 837; RO 1951 906 art. 1, 1971 1617, 1988 1776 Annex c. I let.]
1. And 2. ... 1
3. In all legislative acts, the expression " Trademark and trade mark " Is replaced by the expression " Brand ", except s. 1 and 2 of the Federal Act of 5 June 1931 2 For the protection of the public coat of arms and other public signs. The legislative acts concerned will be adapted to the next occasion.
1 Trademarks already filed and marks still registered on the day of the entry into force of this Law shall be governed by the new right on that date.
2 The following provisions derogate from para. 1:
If applications for registration of marks excluded from registration by the former right and not by the new one are pending at the entry into force of this Law, the day of entry into force of this Law shall be deemed to be the date of filing.
1 The person who, before the entry into force of this Law, has the first use of a mark on goods or their packaging or for services shall enjoy a right which shall prevail over that of the first applicant, provided that the mark is filed within two years After the entry into force of this Law and indicate the time at which the mark was used.
1 Repealed by c. II 11 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
Art. 55, para. 4 and 59, para. 5, shall apply only to license agreements entered into or confirmed after the entry into force of the June 22, 2007 amendment of this Act.
1 Introduced by ch. 3 of the Annex to the PMQ of 22 June 2007, in force since 1 Er Jul. 2008 ( RO 2008 2551 ; FF 2006 1 ).
Date of entry into force: 1 Er April 1993 6 Article 36: 1 Er January 1994 7
1 [RS 1 3]. At disp. Currently correspond to the 122 and 123 of the Constitution of 18 April 1999 (RS 101 ).
2 New content according to the c. 10 of the annex to the PMQ of 24 March 2000 on the fors, in force since 1 Er Jan 2001 ( RO 2000 2355 ; FF 1999 2591 ).
3 FF 1991 I 1
4 Repealed by c. 21 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).
5 New content according to the c. 4 of the annex to the LF of 19 Dec. 2003 on electronic signature, effective from 1 Er Jan 2005 ( RO 2004 5085 ; FF 2001 5423 ).
6 ACF of Dec 23. 1992
7 O of 26 April 1993 (RO 1993 1839)
