Trade Mark Protection Act (TmPA)
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 Protection under Civil Law
Art. 51a Reversal of the burden of proof
The user of an indication of source must prove that it is correct.
Art. 51a — Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 52 Action for declaratory judgment
Any person who can demonstrate a legal interest may apply to the court for a declaratory judgement as to whether a right or legal relationship governed by this Act does or does not exist.
Art. 53 Action for assignment of a trade mark
1 The plaintiff may bring an action for the assignment of the trade mark instead of a declaration of nullity of the trade mark registration if the defendant has usurped the trade mark. 2 This right shall lapse two years after publication of the registration or after withdrawal of the proprietor’s consent under Article 4. 3 If the court orders the assignment, then licences or other rights granted to third parties in the intervening period lapse; however, if they have used the trade mark commercially in Switzerland in good faith or have made special preparations for this purpose, these third parties are entitled to be granted a non-exclusive licence. 4 Any claims for damages remain reserved.
Para. 3 — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 4 — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 54 Notification of decisions
The authority passing judgment shall provide the IPI with full official copies of its decisions, including those regarding preliminary measures and decisions on dismissal after they have been issued, without delay and free of charge.
Art. 54 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 55 Action for performance
1 Any person whose right to a trade mark or an indication of source is infringed or threatened may request the court: a. to prohibit an imminent infringement; b. to remedy an existing infringement; c. to require the defendant to provide information on the origin and quantity of items in his possession that unlawfully bear the trade mark or the indication of source and to name the recipients and disclose the extent of any distribution to commercial and industrial customers. 2 Actions brought under the Code of Obligations for damages, satisfaction and handing over of profits in accordance with the provisions concerning agency without authority remain reserved. 2bis An action for performance may be instituted only after the entry of the trade mark in the Register. Claims for damages may be made retroactively from the time at which the defendant obtained knowledge of the content of the application for registration. 3 The use of a guarantee or collective mark contrary to the applicable regu
Para. 1 let. c — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — SR 220 Para. 2bis — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 4 — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 56 Right to bring action by associations, consumer organisations and authorities
1 The following are also authorised to bring actions for a declaratory judgment (Art. 52) and actions for performance (Art. 55 para. 1) concerning the protection of indications of source: a. professional and trade associations authorised by their statutes to safeguard the economic interests of their members; b. organisations of national or regional importance dedicated by their statutes to the protection of consumers; c. the IPI, to the extent that designations such as «Switzerland», «Swiss» or other designations or symbols that indicate the geographical territory of the Swiss Confederation within the meaning of Article 48 paragraph 4 are used; d. the canton concerned, to the extent that its name or other designations or symbols referring to its geographical territory are used. 2 Associations and organisations under paragraph 1 letters a and b are entitled to bring actions under Article 52 with respect to a guarantee mark (Art. 21 para. 1) or collective mark (Art. 22). 3 The cantons sh
Art. 56 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533).
Art. 57 Forfeiture in civil proceedings
1 The court may order the forfeiture of items which unlawfully bear a trade mark or an indication of source or of equipment, devices and other means that primarily serve their manufacture. 2 The court decides whether the trade mark or indication of source is to be made unrecognisable or whether the items are to be rendered unusable, to be destroyed or to be used in a specific way.
Para. 1 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 58
Repealed by Annex 1 No II 10 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 59 Preliminary measures
1 Any person requesting preliminary measures may, in particular, request that the court orders measures to: a. secure evidence; b. establish the origin of items unlawfully bearing a trade mark or indication of source; c. preserve the existing state of affairs; d. provisionally enforce claims for injunctive relief and remedy.
Art. 59 — Amended by Annex 1 No II 10 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 60 Publication of the judgment
The court may order, at the request of the successful party, that the judgment be published at the expense of the other party. The court determines the form and extent of publication.
Chapter 2 Criminal Provisions
Art. 61 Infringement of a trade mark right
1 On complaint of the injured party, any person who wilfully infringes the trade mark right of another is liable to a custodial sentence not exceeding one year or a monetary penalty if he: a. appropriates, counterfeits or imitates the trade mark of the other person; b. places goods on the market or provides services, or offers, imports, exports, carries in transit, stores for the purpose of placing on the market or advertises such goods or services under the appropriated, counterfeited or imitated trade mark. 2 On complaint of the injured party, any person who refuses to provide information on the origin or quantity of the items in his possession that unlawfully bear the trade mark and to name the recipients and disclose the extent of distribution to commercial and industrial customers is also liable to the same penalties. 3 If the offender acts for commercial gain, he shall be prosecuted ex officio. The penalty is a custodial sentence not exceeding five years or a monetary penalty. …
Art. 61 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 1 let. b — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Para. 3 — Third sentence repealed by No I 6 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 62 Fraudulent use of trade marks
1 On complaint of the injured party, any person who commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty: a. unlawfully labels goods or services with the trade mark of another person in order to mislead and thereby give the impression that the goods or services are original goods or services; b. offers or places goods or services on the market as original goods or services, or offers or provides original services that unlawfully bear the trade mark of another; 2 If the offender acts for commercial gain, he shall be prosecuted ex officio. The penalty is a custodial sentence not exceeding five years or a monetary penalty. … 3 ...
Para. 1 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Third sentence repealed by No I 6 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 3 — Repealed by No I of the FA of 21 June 2013, with effect from 1 Jan. 2017 (AS 2015 3631; BB
Art. 63 Use of a guarantee or collective mark contrary to the regulations
1 On complaint of the injured party, any person who wilfully uses a guarantee or collective mark in a manner contrary to the regulations is liable to a custodial sentence not exceeding one year or a monetary penalty. 2 On complaint of the injured party, any person who refuses to provide information on the origin of items in his possession that bear a guarantee or collective mark contrary to the regulations, is also liable to the same penalties. 3 Where only minor regulation provisions are concerned, a penalty may be dispensed with. 4 If the offender acts for commercial gain, he shall be prosecuted ex officio. The penalty is a custodial sentence not exceeding five years or a monetary penalty. …
Para. 1 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 4 — Third sentence repealed by No I 6 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 4 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 64 Use of incorrect indications of source
1 Any person who wilfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty: a. uses an incorrect indication of source; b. uses a denomination that can be confused with an incorrect indication of source; c. creates a risk of deception by using a name, a company name, an address or a trade mark associated with goods or services of a different origin. 2 If the offender acts for commercial gain, the penalty is a custodial sentence not exceeding five years or a monetary penalty. … 3 The IPI may file a complaint with the competent prosecution authority and exercise the rights of a private claimant in proceedings.
Art. 64 — Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Para. 2 — Second sentence repealed by No I 6 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 65 Offences concerning the producer identification mark
Any person who wilfully infringes the regulations concerning the producer identification mark shall be liable to a fine of up to 20,000 francs.
Art. 65a Acts that are not offences
Acts under Article 13 paragraph 2bis are not criminal offences.
Art. 65a — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 66 Suspension of proceedings
1 The court may suspend criminal proceedings if the person under investigation institutes civil proceedings for the nullity of the trade mark registration. 2 If the person under investigation pleads the nullity of the trade mark registration in criminal proceedings, the court may set an appropriate time limit for him to assert such nullity in civil proceedings. 3 The limitation period for prosecution is suspended during the stay of proceedings.
Art. 67 Offences committed within a business
Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply to offences committed within a business by subordinates, agents or representatives.
SR 313.0
Art. 68 Forfeiture in criminal proceedings
Article 69 of the Swiss Criminal Code applies; the court can order the forfeiture of an item which unlawfully bears a trade mark or an indication of source in its entirety.
Art. 68 — Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). SR 311.0
Art. 69 Competence of the cantonal authorities
Criminal prosecution is a matter for the cantonal authorities.
Chapter 3 Assistance in connection with Goods bein
Amended by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 70 Notification of suspicious consignments
1 The Federal Office for Customs and Border Security (FOCBS) is authorised to notify the proprietor of the trade mark, the person entitled to use an indication of source or a party entitled to institute proceedings in accordance with Article 56 if there is any suspicion that goods are about to be brought into or taken out of the customs territory that unlawfully bear a trade mark or an indication of source. 2 In such cases, the FOCBS is authorised to detain the goods for three working days, in order that the proprietor of the trade mark, the person entitled to use the indication of source or a party entitled to institute proceedings in accordance with Article 56 may file an application in accordance with Article 71.
Art. 70 — Amended by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 71 Application for assistance
1 If the proprietor of the trade mark, the licensee entitled to institute proceedings, the person entitled to use an indication of source or a party entitled to institute proceedings in accordance with Article 56 has clear indications that goods unlawfully bearing a trade mark or an indication of source are about to be brought into or taken out of the customs territory of Switzerland, that person may request the FOCBS in writing to refuse the release of the goods. 2 Applicants may at the same time apply in writing for the goods to be destroyed: a. in accordance with the ordinary procedure (Art. 72c–72h); or b. in accordance with the simplified procedure (Art. 72i) if the consignment is small. 3 In the application in accordance with paragraph 2, they may request that the goods be handed over to them so that they can destroy them themselves. 4 The application in accordance with paragraph 2 letter a must not result in the time limits for obtaining preliminary measures in accordance with A
Art. 71 — Amended by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 72 Detention of goods
1 If, as a result of an application for assistance in accordance with Article 71 paragraph 1, the FOCBS has grounds to suspect that goods intended to be brought into or taken out of the Swiss customs territory unlawfully bear a trade mark or indication of source, it shall: a. detain the goods; and b. inform the applicant and the declarant, holder or owner of the goods. 2 If an application for the destruction of small consignments (Art. 71 para. 2 let. b) was submitted with the application for assistance in accordance with Article 71 paragraph 1, the procedure shall be governed exclusively by Article 72i. 3 The FOCBS shall detain the goods for a maximum of ten working days from the date on which the applicant received the notification in accordance with paragraph 1 letter b so that the applicant may obtain preliminary measures. 4 Where justified by the circumstances, it may detain the goods for a maximum of ten additional working days. 5 If the consignment is small, the FOCBS may transf
Art. 72 — Amended by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 72a Specimens or samples
1 While the goods are being withheld, the FOCBS is authorised to hand over or deliver to the applicant, on request, specimens or samples for examination or to permit the applicant to inspect the goods being withheld. 2 The specimens or samples are collected and delivered at the expense of the applicant. 3 They must be returned after the examination has been carried out, if this is reasonable. If specimens or samples are retained by the applicant, they are subject to the provisions of customs legislation.
Art. 72a — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 1 — Name in accordance with No I 3 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change to the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). This change has been made throughout the text.
Art. 72b Safeguarding of manufacturing and trade secrets
1 At the same time as notification is made in accordance with Article 72 paragraph 1, the FOCBS shall inform the declarant, holder or owner of the goods of the possible handover of specimens or samples or the opportunity to inspect them in accordance with Article 72a paragraph 1. 2 The declarant, holder or owner may request to be present at the inspection in order to safeguard his manufacturing or trade secrets. 3 The FOCBS may refuse to hand over specimens or samples on reasoned request from the declarant, holder or owner.
Art. 72b — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 72c Notification of the application for destruction of goods
1 … 2 If an application for destruction is made, the FOCBS shall notify the declarant, holder or owner of the goods accordingly as part of the notification made under Article 72 paragraph 1. 3 …
Art. 72c — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Art. 72c — Amended by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184). Para. 1 — Repealed by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property La
Art. 72d Consent
1 The destruction of the goods requires the consent of the declarant, holder or owner. 2 Consent is deemed to be given if the declarant, holder or owner does not expressly object to the destruction within the time limits under Article 72 paragraphs 2 and 3.
Art. 72d — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Presently: Art. 72 para. 3 and 4.
Art. 72e Evidence
Before the destruction of the goods, the FOCBS shall remove specimens or samples and hold them in safekeeping as evidence in any actions for damages.
Art. 72e — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 72f Damages
1 If the destruction of the goods proves to be unjustified, the applicant is exclusively liable for the resultant loss. 2 If the declarant, holder or owner has given express written consent for the destruction, no claims for damages may be made against the applicant if the destruction later proves to be unjustified.
Art. 72f — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 72g Costs
1 The destruction of the goods is carried out at the expense of the applicant. 2 The decision about the costs of collecting and safekeeping specimens or samples under Article 72e is made by the court in connection with the assessment of claims for damages in accordance with Article 72f paragraph 1.
Art. 72g — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 72h Accountability statement and damages
1 If it is anticipated that withholding the goods may lead to a loss being incurred, the FOCBS may make the withholding of the goods dependent on the applicant providing them with an accountability statement. As an alternative to this statement and where justified by circumstances, the FOCBS may request the applicant to provide appropriate security. 2 The applicant is liable for any losses incurred from withholding the goods and from collecting the specimens or samples if preliminary measures are not ordered or prove to be unjustified.
Art. 72h — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 72i Simplified procedure for destroying small consignments
1 The FOCBS shall detain goods if the consignment is small and: a. as a result of an application for assistance in accordance with Article 71 paragraph 1, it has grounds to suspect that the goods intended to be brought into or taken out of the Swiss customs territory unlawfully bear a trade mark or indication of source; and b. an application for the destruction of small consignments (Art. 71 para. 2 let. b) has been submitted. 2 It may transfer responsibility for conducting the further procedure to the IPI. 3 The competent authority shall provide the declarant, holder or owner of the goods with notification of the suspicion and of the detained goods and inform the declarant, holder or owner that the goods will be destroyed if he does not expressly object to the destruction within ten working days of receiving this notification. 4 If the declarant, holder or owner expressly objects to the destruction within the time limit specified in paragraph 3, the competent authority shall notify th
Art. 72i — Inserted by No I 4 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).