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 Implementation
Art. 73
The Federal Council shall enact the implementation provisions.
Chapter 2 Repeal and Amendment of Federal Law
Art. 74 Repeal of current legislation
The Federal Act of 26 September 1890 on the Protection of Factory and Trade Marks, Indications of Source of Goods and Industrial Labelling is repealed. However, Article 16bis paragraph 2 remains applicable until the entry into force of Article 36 of this Act.
[BS 2 845; AS 1951 903 Art. 1, 1971 1617, 1998 1776 Annex No I let. e]
Art. 75 Amendment of current legislation
1. and 2. ... 3. The expressions «factory and trade marks» shall be replaced by «trade marks» in all enactments; the exception shall be Articles 1 and 2 of the Federal Act of 5 June 1931 on the Protection of Public Coats of Arms and other Public Signs. The enactments affected shall be amended at the next possible opportunity.
Para. 1 — These amendments may be consulted under AS 1993 274. Para. 3 — [AS 48 1, 2006 2197 Annex No 25, 2008 3437 No II 13. AS 2015 3679 Annex 3 No I 1]. See now the FA of 21 June 2013 (SR 232.21).
Chapter 3 Transitional Provisions
Art. 76 Filed or registered trade marks
1 Trade marks that have already been filed or registered upon entry into force of this Act are subject to the new law from that date. 2 By way of derogation from paragraph 1, the following provisions apply: a. priority is governed by the previous law. b. grounds for refusing applications for registration, with the exception of absolute grounds for refusal, are governed by the previous law. c. oppositions to the registration of trade marks already filed on entry into force of this Act are not admissible; d. the validity of a registration terminates on expiry of the time limit applicable under the previous law; up to such time, it may be renewed at any time. e. the first renewal of the registration of a collective mark is subject to the same formal requirements as those for filing.
Art. 77 Trade marks previously not registrable
If, on entry into force of this Act, applications are pending for the registration of trade marks excluded from registration under the previous law, but not under the new law, the date of entry into force shall be considered the filing date.
Art. 78 Priority of use
Any person who first used a trade mark prior to the entry into force of this Act on goods or their packaging or to identify services, has priority over the first applicant on condition that he files the mark within two years of entry into force of this Act and at the same time states the date on which use of the trade mark commenced. 2 ...
Para. 2 — Repealed by No II 11 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect since 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121).
Art. 78a Right to bring action by licensee
Article 55 paragraph 4 and Article 59 paragraph 5 only apply to licence agreements that have been concluded or confirmed after the Amendment to this Act dated 22 June 2007 enters into force.
Art. 78a — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Chapter 4 Referendum and Commencement
Art. 79
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: all provisions with the exception of Art. 36: 1 April 1993 Art. 36: 1 January 1994
Para. 2 — FCD of 23 Dec. 1992. Para. 2 — O of 26 April 1993 (AS 1993 1839).