Coat of Arms Protection (CAPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Use and Authorisation
Art. 15 Use
1 Coats of arms, flags and other foreign state emblems or signs that could be confused with them, as well as national figurative and word signs of foreign states, may only be used by the state to which they belong; Article 16 remains reserved. 2 The state entitled to use the signs under paragraph 1 may use them to the extent that such use is neither misleading nor contrary to public policy, morality or applicable law. 3 Coats of arms, flags and other emblems of other foreign public bodies, in particular of communes, may be used to the extent that such use is neither misleading nor contrary to public order, morality or applicable law. 4 Where signs under paragraphs 1 and 3 are understood by the relevant public to be an indication of the geographical origin of goods and services, they are considered to be indications of source within the meaning of the TmPA and are subject to Article 48 paragraph 5 and Article 49 paragraph 4 TmPA.
Para. 4 — SR 232.11
Art. 16 Authorisation
1 A public body may authorise third parties to use its signs. Article 15 paragraphs 2–4 remain applicable. 2 Such authorisation is, in particular, constituted by: a. proof by the competent foreign authority of the identical registration of the sign as a trade mark, design, business name or name of an association or foundation by means of a corresponding registration certificate; b. any other proof from the competent foreign authority authorising the use or registration of the sign as a trade mark, design, business name or name of an association or foundation.
Section 2 Prohibition on Registration
Art. 17
A sign whose use is prohibited under Article 15 may not be registered as a trade mark, design, business name or name of an association or foundation or as an element thereof.
