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.
Art. 33 Implementation
The Federal Council shall enact the implementing provisions.
Art. 34 Repeal and amendment of current law
The repeal and amendment of the current law is regulated in Annex 3.
Art. 35 Right to continued use
1 In derogation from Article 8, coats of arms and signs that could be confused with them that have been used until the entry into force of this Act may be used for a period of not more than two years following this date. 2 The Federal Department of Justice and Police may, on reasoned request, permit the continued use of the Swiss flag or the sign that could be confused with it where justified by particular circumstances. The request must be submitted at the latest within two years of the entry into force of this Act. 3 Particular circumstances exist where it is shown that: a. the Swiss coat of arms or a sign that could be confused with it has been used for at least thirty years by the same person or his or her legal successor, uninterruptedly and without challenge, in order to identify goods manufactured or services provided by him; and b. there is a legitimate interest in continuing such use. 4 For service trade marks, particular circumstances exist where it is shown that: a. the Swis
Para. 6 — SR 232.11
Art. 36 Distinctive signs not previously registered
If, at the time of entry into force of this Act, applications for registration of trade marks and designs are pending that would have been excluded from registration under the previous law but may be registered under the new law, then the date of filing of the application shall be considered to be the date of entry into force of this Act.
Art. 37 Referendum and commencement
1 This Act is subject to an optional referendum. 2 It enters into force together with the Amendments of 21 June 2013 of the TmPA. Commencement date: 1 January 2017
Para. 2 — AS 2015 3631 Para. 2 — SR 232.11 Para. 2 — FCD of 2 Sept. 2015.
