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Art. 12 – Consequences of non-use

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Art. 12

Consequences of non-use

1

Where the proprietor has not used the trade mark in relation to the goods or services for which it is claimed for an uninterrupted period of five years following the expiry of the opposition period with no opposition having been filed or upon conclusion of opposition proceedings, he may no longer assert his right to the trade mark, unless there are proper reasons for non-use.

2

If use of the trade mark is commenced or resumed after more than five years, the right to the trade mark is restored with effect from the original priority date, unless non-use of the trade mark has been invoked under paragraph 1 prior to its commencement or resumption of use.

3

Any person who invokes non-use of a trade mark is required to substantiate his claim; evidence of use is required to be provided by the proprietor of the trade mark.

Legal act context
SR 232.11 · TmPA · Federal act · Federal Act of 28 August 1992 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act, TmPA)
Structure path
Title 1 Trade Marks Chapter 1 General Provisions Section 3 Existence of a Trade Mark Right
Language
English (en)
Data status
2025-07-01

Available language versions

Deutschde Françaisfr Italianoit Englishen

The official sources and versions published by the competent authorities remain authoritative.

Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version112
Document text1
Articles112
1Title 1 Trade Marks
2Chapter 1 General Provisions
3Section 1 Trade Mark Protection
Art. 1 – DefinitionArt. 1 Definition 1 A trade mark is a sign capable of distinguishing the goods or services of one undertaking from those of other undertakings. 2 Trade marks may, in particular, be words, letters, numerals, figurative r… Direct link
Art. 2 – Absolute grounds for refusalArt. 2 Absolute grounds for refusal Excluded from trade mark protection are: a. signs that are in the public domain, except where they have become established as a trade mark through use for the goods or services for wh… Direct link
Art. 3 – Relative grounds for refusalArt. 3 Relative grounds for refusal 1 Also excluded from trade mark protection are signs that are: a. identical to an earlier trade mark and are intended for the same goods or services; b. identical to an earlier trade… Direct link
Art. 4 – Registration in favour of the authorised userArt. 4 Registration in favour of the authorised user Trade marks registered in the name of agents, representatives or other authorised users without the consent of the proprietor, or trade marks which remain entered in… Direct link
3Section 2 Establishment of a Trade Mark Right; Priority
Art. 5 – Establishment of a trade mark rightArt. 5 Establishment of a trade mark right A trade mark right is established on entry in the Register. Direct link
Art. 6 – Right of PriorityArt. 6 Right of Priority A trade mark right belongs to the person who first files the trade mark. Direct link
Art. 7 – Priority under the Paris ConventionArt. 7 Priority under the Paris Convention 1 Where a trade mark is first duly filed in another Member State of the Paris ConventionSR 0.232.01, 0.232.02, 0.232.03, 0.232.04 or with effect in such a Member State, the app… Direct link
Art. 8 – Exhibition priorityArt. 8 Exhibition priority Any person who exhibits goods or services bearing a trade mark at an official or officially recognised exhibition under the Convention of 22 November 1928SR 0.945.11 Relating to International… Direct link
Art. 9 – Declaration of priorityArt. 9 Declaration of priority 1 Any person who claims priority under the Paris ConventionSR 0.232.01, 0.232.02, 0.232.03, 0.232.04 or exhibition priority must file a declaration of priority with the Swiss Federal Insti… Direct link
3Section 3 Existence of a Trade Mark Right
Art. 10 – Term of validity and renewal of registrationArt. 10 Term of validity and renewal of registration 1 A registration is valid for 10 years from the date of filing the application. 2 A registration will be renewed for further periods of ten years if an application fo… Direct link
Art. 11 – Use of the trade markArt. 11 Use of the trade mark 1 A trade mark is protected if it is used in relation to the goods or services for which it is claimed. 2 Use in a manner not significantly different from the registered trade mark and use… Direct link
Art. 12 – Consequences of non-useArt. 12 Consequences of non-use 1 Where the proprietor has not used the trade mark in relation to the goods or services for which it is claimed for an uninterrupted period of five years following the expiry of the oppos… Current article Direct link
3Section 4 Rights Conferred by a Registered Trade Mark
Art. 13 – Exclusive rightArt. 13 Exclusive right 1 A trade mark right confers on the proprietor the exclusive right to use the trade mark to identify the goods or services for which it is claimed and to dispose of it. 2 The proprietor of a trad… Direct link
Art. 14 – Limitation concerning previously used signsArt. 14 Limitation concerning previously used signs 1 The proprietor of a trade mark may not prohibit another person from continuing to use a sign to the same extent as already previously used prior to the filing of the… Direct link
Art. 15 – Famous trade marksArt. 15 Famous trade marks 1 The proprietor of a famous trade mark may prohibit others from using his trade mark for any type of goods or services if such use threatens the distinctiveness of the trade mark or exploits… Direct link
Art. 16 – Reproduction of trade marks in dictionaries and other reference worksArt. 16 Reproduction of trade marks in dictionaries and other reference works Where a registered trade mark is reproduced in a dictionary, in another reference work or in a similar work without reference to its registra… Direct link
3Section 5 Modifications concerning Trade Mark Rights
Art. 17 – AssignmentArt. 17 Assignment 1 The proprietor may assign his trade mark in whole or in part for the goods or services for which it has been claimed. 2 The assignment is only valid if evidenced in writing. It is only effective in… Direct link
Art. 17a – Division of an application or registrationArt. 17a Inserted by No I of the FA of 4 Oct. 1996, in force since 1 May 1997 (AS 1997 1028; BBl 1996 II 1425). Inserted by No I of the FA of 4 Oct. 1996, in force since 1 May 1997 (AS 1997 1028; BBl 1996 II 1425). Divi… Direct link
Art. 18 – LicencingArt. 18 Licencing 1 The proprietor of a trade mark may permit others to use the trade mark for the goods or services for which it is claimed, in whole or in part, and for the whole territory or a part of Switzerland onl… Direct link
Art. 19 – Usufruct and pledge; compulsory enforcementArt. 19 Usufruct and pledge; compulsory enforcement 1 A trade mark may be subject to usufruct, pledge or compulsory enforcement measures. 2 Usufruct and pledges only have effect against third parties acting in good fait… Direct link
3Section 6 International Treaties
Art. 20Art. 20 1 ... Repealed by No II 11 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). Repealed by No II 11 of the FA of 20 March 2008 on… Direct link
2Chapter 2 Guarantee Marks and Collective Marks
Art. 21 – Guarantee marksArt. 21 Guarantee marks 1 A guarantee mark is a sign that is used by several undertakings under the supervision of the proprietor of the mark and which serves to guarantee the quality, geographical origin, the method of… Direct link
Art. 22 – Collective marksArt. 22 Collective marks A collective mark is a sign of an association of manufacturing, trading or service undertakings which serves to distinguish the goods or services of the members of the association from those of… Direct link
Art. 23 – Regulations governing the use of guarantee/collective marksArt. 23 Regulations governing the use of guarantee/collective marks 1 The applicant of a guarantee or collective mark must file regulations governing the use of the mark with the IPI Term in accordance with No I of the… Direct link
Art. 24 – Approval of the regulationsArt. 24 Approval of the regulations The regulations must be approved by the IPI. Approval will be granted if the requirements under Article 23 are fulfilled. Direct link
Art. 25 – Unlawful regulationsArt. 25 Unlawful regulations Where the regulations do not fulfil or no longer fulfil the requirements of Article 23 and the proprietor of the mark does not remedy the situation within the time limit determined by the co… Direct link
Art. 26 – Use in contravention of the regulationsArt. 26 Use in contravention of the regulations Where the proprietor of the mark tolerates repeated use of a guarantee or collective mark that infringes the main provisions of the regulations and he does not remedy the… Direct link
Art. 27 – Assignment and licencingArt. 27 Assignment and licencing The assignment of a guarantee or collective mark and the grant of licences with respect to collective marks are only valid if entered in the Register. Direct link
2Chapter 2a Geographical Marks
Art. 27a – Subject matterArt. 27a Subject matter By way of derogation from Article 2 letter a, a geographical mark may be registered for: a. Amended by Annex of FD of 19 March 2021 on the Approval of the Geneva Act of the Lisbon Agreement for t… Direct link
Art. 27b – Entitlement to apply for registrationArt. 27b Entitlement to apply for registration The registration of a geographical mark may be requested by: a. the group that has obtained the registration of the appellation of origin or the geographical indication, or… Direct link
Art. 27c – Trade mark regulationsArt. 27c Trade mark regulations 1 The applicant for a geographical mark must file regulations governing the use of the mark with the IPI. 2 The regulations must correspond to the product specification or the applicable… Direct link
Art. 27d – RightsArt. 27d Rights 1 A geographical mark may be used by any person provided that the requirements of the regulations are fulfilled. 2 The proprietor of a geographical mark may prohibit others from using the mark in the cou… Direct link
Art. 27e – Non-applicable provisionsArt. 27e Non-applicable provisions 1 By way of derogation from Articles 17 and 18, a geographical mark may not be transferred or licensed. 2 By way of derogation from Article 31, the proprietor of a geographical mark ma… Direct link
2Chapter 3 Registration of Trade Marks
3Section 1 Registration Procedure
Art. 28 – FilingArt. 28 Filing 1 Any person may file a trade mark application. 2 When filing an application with the IPI, the following must be submitted: a. an application for registration with details of the name or company name of t… Direct link
Art. 29 – Date of filingArt. 29 Date of filing 1 A trade mark is considered to have been filed once the documents referred to in Article 28 paragraph 2 have been submitted. 2 If, after filing an application, a trade mark is replaced or essenti… Direct link
Art. 30 – Decision and registrationArt. 30 Decision and registration 1 The IPI shall dismiss an application for registration if it does not fulfil the requirements of Article 28 paragraph 2. 2 It shall reject the application for registration if: a. it do… Direct link
3Section 2 Opposition Proceedings
Art. 31 – OppositionArt. 31 Opposition 1 The proprietor of an earlier trade mark may file an opposition to a registration on the basis of Article 3 paragraph 1. 1bis He may not file an opposition to a registration of a geographical mark. I… Direct link
Art. 32 – Providing prima facie evidence of useArt. 32 Providing prima facie evidence of use If the defendant claims non-use of the earlier mark under Article 12 paragraph 1, the opposing party must provide prima facie evidence of the use of his trade mark or proper… Direct link
Art. 33 – Decision on oppositionArt. 33 Decision on opposition If the opposition is justified, the registration shall be revoked in whole or in part; if this is not the case, the opposition shall be rejected. Direct link
Art. 34 – CostsArt. 34 Costs With its decision on the opposition, the IPI shall determine whether and to what extent the costs of the successful party shall be compensated by the unsuccessful party. Direct link
3Section 3 Cancellation of the Registration
Art. 35 – RequirementsArt. 35 Requirements Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8… Direct link
Art. 35a – RequestArt. 35a Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Reques… Direct link
Art. 35b – DecisionArt. 35b Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Decisi… Direct link
Art. 35c – ProcedureArt. 35c Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Proced… Direct link
3Section 4 ...
Art. 36Art. 36 Repealed by Annex No 21 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Repealed by Annex No 21 of the Federal Administrative Court Act of 17… Direct link
3Section 5 Register, Publications and Electronic Administrative Communication
Art. 37 – Maintenance of the RegisterArt. 37 Maintenance of the Register The IPI shall maintain the Trade Mark Register. Direct link
Art. 38 – PublicationsArt. 38 Publications 1 The IPI shall publish: a. the registration of trade marks (Art. 30 para. 3); b. the renewal of trade mark registrations (Art. 10 para. 2); c. the revocation of trade mark registrations (Art. 33);… Direct link
Art. 39 – Access to the Register; inspection of the filesArt. 39 Access to the Register; inspection of the files 1 Any person may inspect the Register, obtain information on its contents and request extracts from it. 2 In addition, any person may inspect the files of a regist… Direct link
Art. 40 – Electronic administrative communicationArt. 40 Amended by Annex No 4 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085, BBl 2001 5679). Amended by Annex No 4 of the FA of 19 Dec. 2003 on Electronic Signatures, in fo… Direct link
3Section 6 Further Processing for Missed Time Limits
Art. 41Art. 41 1 If the applicant or the rights holder fails to observe a time limit required by the IPI, he may file a request with the latter for further processing. Article 24 paragraph 1 of the Federal Act of 20 December 1… Direct link
3Section 7 Representation
Art. 42Art. 42 Amended by Annex No 2 of the FD of 28 Sept. 2018 on the Approval and Implementation of European Convention No 94 on the Service Abroad of Documents relating to Administrative Matters, in force since 1 April 2019… Direct link
3Section 8 Fees
Art. 43Art. 43 1 In addition to the cases referred to in this Act, fees are payable for official actions in response to specific requests. 2 ... Repealed by Annex No 2 of the FA of 24 March 1995 on the Status and Tasks of the… Direct link
2Chapter 4 International Registration of Trade Marks
Art. 44 – Applicable lawArt. 44 Applicable law 1 This Chapter applies to international registrations under the Madrid Agreement Concerning the International Registration of Marks of 14 July 1967SR 0.232.112.3 (the Madrid Agreement) and the Pro… Direct link
Art. 45 – Application for registration in the International RegisterArt. 45 Application for registration in the International Register 1 It is possible to request the following through the intermediary of the IPI: a. the international registration of a trade mark provided that Switzerla… Direct link
Art. 46 – Effect of international registration in SwitzerlandArt. 46 Effect of international registration in Switzerland 1 An international registration with effect in Switzerland has the same effect as the filing of an application with the IPI and registration in the Swiss Regis… Direct link
Art. 46a – Conversion of an international registration into a national application for registrationArt. 46a Conversion of an international registration into a national application for registration 1 An international registration may be converted into a national application for registration if: a. the application is s… Direct link
1Title 2 Indications of Source and Geographical Indications
2Chapter 1 General Provisions
Art. 47 – PrincipleArt. 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 G… Direct link
Art. 48 – Indications of source for goodsArt. 48 Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Indicatio… Direct link
Art. 48a – Natural productsArt. 48a Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Natura… Direct link
Art. 48b – FoodstuffsArt. 48b Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Foodst… Direct link
Art. 48c – Other products, in particular industrial productsArt. 48c Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Other… Direct link
Art. 48d – ExceptionsArt. 48d Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Except… Direct link
Art. 49 – Indications of source for servicesArt. 49 Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Indicatio… Direct link
Art. 49a – Indications of source in advertisingArt. 49a Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Indica… Direct link
Art. 50 – Special provisionsArt. 50 Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Special p… Direct link
Art. 50a – Producer identification marksArt. 50a Originally Art. 51. Originally Art. 51. 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 go… Direct link
2Chapter 2 Registration of Geographical Indications
Art. 50b – Register for geographical indicationsArt. 50b Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Regist… Direct link
2Chapter 3 International Registration of Geographical Indications
Art. 50c – International register for appellations of origin and geographical indicationsArt. 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 201… Direct link
Art. 50d – International registration of appellations of origin and geographical indications whose geographical area of origin lies on Swiss territoryArt. 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 o… Direct link
Art. 50e – Effects of the international registration of appellations of origin and geographical indications whose protection on Swiss territory has been requestedArt. 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 appe… Direct link
Art. 50f – FeesArt. 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… Direct link
Art. 51Art. 51 Repealed Repealed Direct link
1Title 3 Legal Protection
2Chapter 1 Protection under Civil Law
Art. 51a – Reversal of the burden of proofArt. 51a Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Revers… Direct link
Art. 52 – Action for declaratory judgmentArt. 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 no… Direct link
Art. 53 – Action for assignment of a trade markArt. 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… Direct link
Art. 54 – Notification of decisionsArt. 54 Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Notificat… Direct link
Art. 55 – Action for performanceArt. 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 infr… Direct link
Art. 56 – Right to bring action by associations, consumer organisations and authoritiesArt. 56 Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Right to… Direct link
Art. 57 – Forfeiture in civil proceedingsArt. 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 man… Direct link
Art. 58Art. 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). Repealed by Annex 1 No II 10 of the Civil Procedure Code of 19 Dec. 2008, wit… Direct link
Art. 59 – Preliminary measuresArt. 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). Amended by Annex 1 No II 10 of the Civil Procedure Code of 19 Dec. 2008, in forc… Direct link
Art. 60 – Publication of the judgmentArt. 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. Direct link
2Chapter 2 Criminal Provisions
Art. 61 – Infringement of a trade mark rightArt. 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). Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Inf… Direct link
Art. 62 – Fraudulent use of trade marksArt. 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: Amended by Anne… Direct link
Art. 63 – Use of a guarantee or collective mark contrary to the regulationsArt. 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 liabl… Direct link
Art. 64 – Use of incorrect indications of sourceArt. 64 Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). Use of in… Direct link
Art. 65 – Offences concerning the producer identification markArt. 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. Direct link
Art. 65a – Acts that are not offencesArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 66 – Suspension of proceedingsArt. 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 investi… Direct link
Art. 67 – Offences committed within a businessArt. 67 Offences committed within a business Articles 6 and 7 of the Federal Act of 22 March 1974SR 313.0 on Administrative Criminal Law apply to offences committed within a business by subordinates, agents or represent… Direct link
Art. 68 – Forfeiture in criminal proceedingsArt. 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). Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). For… Direct link
Art. 69 – Competence of the cantonal authoritiesArt. 69 Competence of the cantonal authorities Criminal prosecution is a matter for the cantonal authorities. Direct link
2Chapter 3 Assistance in connection with Goods being brought into or taken out of the Customs Territory
Art. 70 – Notification of suspicious consignmentsArt. 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).… Direct link
Art. 71 – Application for assistanceArt. 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).… Direct link
Art. 72 – Detention of goodsArt. 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).… Direct link
Art. 72a – Specimens or samplesArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72b – Safeguarding of manufacturing and trade secretsArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72c – Notification of the application for destruction of goodsArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72d – ConsentArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72e – EvidenceArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72f – DamagesArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72g – CostsArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72h – Accountability statement and damagesArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
Art. 72i – Simplified procedure for destroying small consignmentsArt. 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)… Direct link
1Title 4 Final Provisions
2Chapter 1 Implementation
Art. 73Art. 73 The Federal Council shall enact the implementation provisions. Direct link
2Chapter 2 Repeal and Amendment of Federal Law
Art. 74 – Repeal of current legislationArt. 74 Repeal of current legislation The Federal Act of 26 September 1890 [BS 2 845; AS 1951 903 Art. 1, 1971 1617, 1998 1776 Annex No I let. e] on the Protection of Factory and Trade Marks, Indications of Source of Go… Direct link
Art. 75 – Amendment of current legislationArt. 75 Amendment of current legislation 1. and 2. ... These amendments may be consulted under AS 1993 274. These amendments may be consulted under AS 1993 274. 3. The expressions «factory and trade marks» shall be repl… Direct link
2Chapter 3 Transitional Provisions
Art. 76 – Filed or registered trade marksArt. 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… Direct link
Art. 77 – Trade marks previously not registrableArt. 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 l… Direct link
Art. 78 – Priority of useArt. 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 fi… Direct link
Art. 78a – Right to bring action by licenseeArt. 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). Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).… Direct link
2Chapter 4 Referendum and Commencement
Art. 79Art. 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 FCD of 23 Dec. 1992. FC… Direct link

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