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Art. 8 Federal Act of 21 June 2013 on the Protection of the Swiss Coat of Arms and Other Public Signs (CAPA) - Coats of arms

CAPA; Chapter 1 Swiss Public Signs
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The Swiss coat of arms, those of the cantons, the communes and other public authorities recognised under cantonal law, the characteristic elements of cantonal coats of arms in connection with a coat of arms shield and signs that could be confused with them may only be used by the public body to which they belong. Paragraph 1 also applies to word signs that refer to the Swiss coat of arms or the coat of arms of a canton, a commune or other public authority recognised under cantonal law. The signs referred to in paragraphs 1 and 2 may not be licensed or assigned. The use of coats of arms under paragraph 1 by persons other than the public body entitled to use them is permissible in the following cases: a. as illustrations in dictionaries, reference works, scientific works or similar works; b. for the decoration of festivals and events; c. for the decoration of objects of artistic craftsmanship such as cups, heraldic stained glass and commemorative coins for festivals and events; d. as an element of the Swiss patent mark under the provisions of the Patents Act of 25 June 1954 {note: SR 232.14} ; e. in collective or guarantee marks that have been filed by a public body and may be used by private persons in accordance with the regulations governing the use of the mark; f. where there exists a right to continued use under Article 35. The cantons, communes and other public authorities recognised under cantonal law may allow the use of their respective coats of arms by other persons in other cases.

Art. 8 CAPA · Coats of arms

The Swiss coat of arms, those of the cantons, the communes and other public authorities recognised under cantonal law, the characteristic elements of cantonal coats of arms in connection with a coat of arms shield and signs that could be confused with them may only be used by the public body to which they belong.

Paragraph 1 also applies to word signs that refer to the Swiss coat of arms or the coat of arms of a canton, a commune or other public authority recognised under cantonal law.

The signs referred to in paragraphs 1 and 2 may not be licensed or assigned.

The use of coats of arms under paragraph 1 by persons other than the public body entitled to use them is permissible in the following cases: a. as illustrations in dictionaries, reference works, scientific works or similar works; b. for the decoration of festivals and events; c. for the decoration of objects of artistic craftsmanship such as cups, heraldic stained glass and commemorative coins for festivals and events; d. as an element of the Swiss patent mark under the provisions of the Patents Act of 25 June 1954 ; e. in collective or guarantee marks that have been filed by a public body and may be used by private persons in accordance with the regulations governing the use of the mark; f. where there exists a right to continued use under Article 35.

The cantons, communes and other public authorities recognised under cantonal law may allow the use of their respective coats of arms by other persons in other cases.

← Art. 7 CAPA Federal Act of 21 June 2013 on the Protection of the Swiss Coat of Arms and Other Public Signs (CAPA) - Swiss cross Art. 9 CAPA →

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Court Decisions Applying This Provision (5)

SB230131 · zh (Art. 28 Abs. 1 lit. b und c WSchG in Verbindung mit Art. 2 Abs. 1 und Art. 8 Abs. 1 WSchG)
Unfair Competition and Misuse of Emblems Conviction Upheld Despite Expired Suspended Sentence
The defendant was found guilty of an offense against the Emblem Protection Act based on this provision in the operative part (Dispositivziffer 1).
P/2052/2021 · ge (art. 28 al. 1 let. a LPAP cum art. 8 al. 1 LPAP)
Forgery, Illicit Use of Signs, and Drug Possession Conviction
The defendant was declared guilty of illicit use of public signs based on this provision.
B-6343/2019 (Art. 8 Abs. 4 Bst. f WSchG)
Brasserie Federal Logo Usage Denied Due to Insufficient Swiss Enterprise Status
This provision governs the possibility of a continuation of use for the Swiss Coat of Arms in exceptional cases, including when a continuation of use right according to Article 35 is present.
B-6372/2010 (Art. 8 WSchG)
SWISS MILITARY BY BTS Trademark Reversal
Cited as a basis for excluding signs from trademark protection if their use is impermissible according to Articles 6 and 7 of the WSchG.
SB230131 · zh (Art. 28 Abs. 1 lit. b und c WSchG in Verbindung mit Art. 2 Abs. 1 und Art. 8 Abs. 1 WSchG)
Zurich Higher Court Confirms Conviction for Unfair Competition and Misuse of Swiss Coat of Arms
Cited as the basis for finding the accused guilty of an offense against the Federal Act on the Protection of National Emblems and Other Public Signs.