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Art. 35 Federal Act of 21 June 2013 on the Protection of the Swiss Coat of Arms and Other Public Signs (CAPA) - Right to continued use
Legislator summary
AI generatedIn 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. 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. 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. For service trade marks, particular circumstances exist where it is shown that: a. the Swiss coat of arms or a sign that could be confused with it is an element of a trade mark registered or for which registration was applied for before 18 November 2009; and b. there is a legitimate interest in continuing such use. For coats of arms of the cantons, the communes and other public authorities recognised under cantonal law, the competent cantonal authority may, on request, authorise their continued use. The relevant provisions are governed by cantonal law. Such continued use must not lead to any deception with regard to the geographical origin within the meaning of Article 47–50 TmPA {note: SR 232.11} , with regard to the nationality of the user, the business, the company, the association or the foundation, or with regard to the commercial relations of the person making use of the sign, such as, in particular, alleged official relationships to the Confederation or to a canton. The right to continued use may only be inherited or sold together with the business or the part of the business to which the sign belongs.
Art. 35 CAPA · Right to continued use
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.
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.
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.
For service trade marks, particular circumstances exist where it is shown that: a. the Swiss coat of arms or a sign that could be confused with it is an element of a trade mark registered or for which registration was applied for before 18 November 2009; and b. there is a legitimate interest in continuing such use.
For coats of arms of the cantons, the communes and other public authorities recognised under cantonal law, the competent cantonal authority may, on request, authorise their continued use. The relevant provisions are governed by cantonal law.
Such continued use must not lead to any deception with regard to the geographical origin within the meaning of Article 47–50 TmPA , with regard to the nationality of the user, the business, the company, the association or the foundation, or with regard to the commercial relations of the person making use of the sign, such as, in particular, alleged official relationships to the Confederation or to a canton. The right to continued use may only be inherited or sold together with the business or the part of the business to which the sign belongs.