Trade Mark Protection Act (TmPA)
Amended by Annex of FD of 19 March 2021 on the Approval of the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications and on its implementation, in force since 1 Dec. 2021 (AS 2021 742; BBl 2020 5827).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Provisions
Inserted by Annex of FD of 19 March 2021 on the Approval of the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications and on its implementation, in force since 1 Dec. 2021 (AS 2021 742; BBl 2020 5827).
Art. 47 Principle
1 Indications of source are direct or indirect references to the geographical origin of goods or services, including references to their characteristics or the quality associated with their origin. 2 Geographical names and signs that are not understood by the relevant public as indicating a certain origin of the goods or services, are not considered indications of source within the meaning of paragraph 1. 3 It is prohibited to use: a. incorrect indications of source; b. denominations that may be confused with an incorrect indication of source; c. a name, a company name, an address or a trade mark associated with goods or services of a different origin where this could be misleading. 3bis Where indications of source are used with additions such as «kind», «type», «style» or «imitation», the same requirements must be fulfilled that apply to the use of indications of source without these additions. 3ter Indications regarding research or design or other specific activities associated with
Para. 3 let. c — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Para. 3bis — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Para. 3ter — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 48 Indications of source for goods
1 Indications of source for goods are considered to be correct if the requirements under Articles 48a-48c are fulfilled. 2 Any additional requirements such as compliance with manufacturing or processing principles or quality requirements that are customary or prescribed in the place of origin must also be fulfilled. 3 In each individual case, all requirements are to be determined according to the understanding of the relevant public, and where applicable, in accordance with their influence on the reputation of the goods concerned. 4 The place of origin or processing for Swiss indications of source for natural products and foodstuffs is the Swiss territory and customs union areas. The Federal Council may define the border areas, which are exceptionally considered as the place of origin or processing for Swiss indications of source. 5 Where a foreign indication of source meets the statutory requirements of the country concerned, it is considered to be correct. Any possible misleading of
Art. 48 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 48a Natural products
The origin of a natural product corresponds to: a. for mineral products: the place where they were extracted; b. for plant products: the place where they were harvested; c. for meat: the place where the animals spent the predominant part of their lives; d. for other animal-derived products: the place where the animals were kept; e. for products of hunting or fishing: the place where such hunting or fishing was carried out; f. for farmed fish: the place where they were reared.
Art. 48a — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 48b Foodstuffs
1 Foodstuffs within the meaning of the Foodstuffs Act of 9 October 1992 (FSA) fall under this provision, with the exception of natural products under Article 48a of this Act. The Federal Council shall regulate the differences in detail. 2 The origin of a foodstuff is the place from which at least 80 per cent of the raw material weight that makes up the foodstuff comes from. For milk and dairy products, the weight of milk as the raw material must equal 100 per cent. 3 Excluded from the calculation under paragraph 2 are: a. natural products which, due to natural conditions, cannot be produced at the place of origin; b. natural products that are temporarily not available in sufficient quantities at the place of origin. 4 For the calculation under paragraph 2, all raw materials for which the domestic self-supply rate is at least 50 per cent must be taken into account. Where the raw material self-supply rate is 20–49.9 per cent, only half of the raw materials are to be taken into account.
Art. 48b — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Para. 1 — [AS 1995 1469; 1996 1725 Annex No 3; 1998 3033 Annex No 5; 2001 2790 Annex No 5; 2002 775; 2003 4803 Annex No 6; 2005 971; 2006 2197 Annex No 94 2363 No II; 2008 785; 2011 5227 No I 2.8; 2013 3095 Annex 1 No 3. AS 2017 249 Annex No I]. See now the FA of 20 June 2014 (SR 817.0).
Art. 48c Other products, in particular industrial products
1 The origin of other products, in particular industrial products, corresponds to the place where at least 60 per cent of the manufacturing costs are incurred. 2 For the calculation under paragraph 1, the following shall be taken into account: a. production and assembly costs; b. research and development costs; c. costs for quality assurance and certification which are prescribed by law or standardised in an economic sector. 3 Excluded from the calculation under paragraph 1 are: a. costs for natural products which, due to natural conditions, cannot be produced at the place of origin; b. costs for raw materials which, in accordance with an ordinance under Article 50 paragraph 2, are not available in sufficient quantities at the place of origin for objective reasons; c. packaging costs; d. transport costs; e. the costs for commercialisation of the goods, such as costs for marketing and customer service. 4 In addition, the indication of source must correspond to the place where the activi
Art. 48c — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 48d Exceptions
The requirements set out in Articles 48a–48c do not apply if: a. a geographical indication was registered under Article 16 AgricA prior to the entry into force of this provision; or b. a manufacturer is able to prove that the indications of source used correspond to the relevant public.
Art. 48d — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). let. a — SR 910.1
Art. 49 Indications of source for services
1 The indication of source of a service is considered to be correct if: a. it corresponds to the registered office of the person providing the service; and b. a place of effective administration of this person is located in the same country. 2 Where a parent company fulfils the requirements of paragraph 1 letter a, and either it or one of its subsidiaries effectively controlled by it and domiciled in the same country fulfils the requirements of paragraph 1 letter b, then the indication of source is also considered to be correct for similar services provided by the foreign subsidiaries and the branch offices of the parent company. 3 Any additional requirements such as compliance with prescribed or customary principles of providing the service or the traditional association of the person providing the service with the country of origin must also be fulfilled. 4 A foreign indication of source is considered to be correct where it meets the statutory requirements of the country concerned. A
Art. 49 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 49a Indications of source in advertising
Indications of source in advertising are considered to be correct if the origin of all of the products and services advertised therein corresponds to Articles 48–49.
Art. 49a — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 50 Special provisions
1 Where justified by consumer interests, the general interests of the economy or of individual sectors, the Federal Council may define the requirements under Articles 48 paragraph 2 and 48a–49 in greater detail. 2 It may, in particular, at the request and based on a preliminary draft of an economic sector, define in greater detail the requirements under which a Swiss indication of source may be used for specific goods and services. 3 It shall first hear the Cantons concerned and interested professional and trade associations, as well as consumer organisations.
Art. 50 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 50a Producer identification marks
Where the interests of an economic sector so require, the Federal Council may prescribe that a producer identification mark be affixed to goods of that economic sector.
Art. 50a — Originally Art. 51.
Chapter 2 Registration of Geographical Indications
Inserted by Annex of FD of 19 March 2021 on the Approval of the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications and on its implementation, in force since 1 Dec. 2021 (AS 2021 742; BBl 2020 5827).
Art. 50b Register for geographical indications
1 The Federal Council shall establish a register for geographical indications for goods, which excludes agricultural products, processed agricultural products and wine, as well as forestry products and processed forestry products. 2 It regulates in particular: a. entitlement to apply for registration; b. requirements for registration, in particular the requirements for the product specification; c. the procedure for registration and objection; d. control procedures. 3 Decisions and services in connection with the register are subject to fees. 4 Registered geographical indications may not become generic names. Generic names cannot be registered as geographical indications. 5 Any person who uses a registered geographical indication for identical or comparable goods must comply with the product specifications. This obligation does not apply to the use of trade marks that are identical or similar to a registered geographical indication and which were filed or registered in good faith, or t
Art. 50b — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Chapter 3 International Registration of Geographic
Inserted by Annex of FD of 19 March 2021 on the Approval of the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications and on its implementation, in force since 1 Dec. 2021 (AS 2021 742; BBl 2020 5827).
Art. 50c International register for appellations of origin and geographical indications
1 The international registration of appellations of origin and geographical indications is governed by the Geneva Act of 20 May 2015 of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications (Geneva Act) and by the provisions of this Chapter. 2 The IPI is responsible for administering the Geneva Act for Switzerland in the following areas: a. the international registration of appellations of origin and geographical indications whose geographical area of origin lies on Swiss territory (Art. 50d); b. the effects of the international registration of appellations of origin and geographical indications whose protection on Swiss territory has been requested (Art. 50e).
Para. 1 — SR 0.232.111.14
Art. 50d International registration of appellations of origin and geographical indications whose geographical area of origin lies on Swiss territory
1 An application for the international registration or the amendment of the international registration of an appellation of origin or geographical indication whose geographical area of origin lies on Swiss territory may be filed with the IPI by: a. the group that has obtained the registration of the appellation of origin or the geographical indication under Article 16 or 63 AgricA nor under Article 50b of this Act, or where such group no longer exists, the representative group dealing with the protection of this appellation of origin or geographical indication; b. the Swiss canton that protects an appellation d’origine contrôlée under Article 63 AgricA; c. the umbrella organisation of an economic sector for which the Federal Council has enacted an ordinance based on Article 50 paragraph 2; d. the proprietor of a trade mark that constitutes an appellation of origin or geographical indication as defined in Article 2 of the Geneva Act, provided the appellation of origin or geographical in
Para. 1 let. a — SR 910.1 Para. 1 let. d — SR 0.232.111.14
Art. 50e Effects of the international registration of appellations of origin and geographical indications whose protection on Swiss territory has been requested
1 The effects of the international registration of an appellation of origin or geographical indication whose protection on Swiss territory has been requested may be refused on the following grounds in particular: a. The denomination or indication does not correspond to the definitions in Article 2 of the Geneva Act. b. The protection based on international registration is contrary to the law, public policy or morality. c. The protection based on international registration infringes an earlier trade mark that has been registered in good faith for an identical or comparable product. 2 The IPI decides ex officio whether a ground under paragraph 1 letter a or b applies. 3 A third party may raise any of the grounds under paragraph 1 with the IPI. 4 In addition, a third party may request the transitional period under Article 17 of the Geneva Act to be granted, in order to terminate the prior use in good faith of a denomination or indication that is the subject of international registration.
Para. 1 let. a — SR 0.232.111.14
Art. 50f Fees
The IPI may by ordinance provide that the applicant is charged fees for: a. the processing of an application for the international registration of appellations of origin and geographical indications whose geographical area of origin lies on Swiss territory, or an application for the amendment of the said registration (Art. 50d para. 1); b. the substantive examination of the international registration of an appellation of origin or geographical indication whose protection on Swiss territory is requested (Art. 50e para. 2); c. the processing of a request to deny the effects of the international registration of an appellation of origin or geographical indication on Swiss territory (Art. 50e para. 3); d. the processing of a request to grant a transitional period (Art. 50e para. 4).
Art. 51
Repealed