SwitzerlandTrade Mark Protection Act, ban on incorrect indications of source and on names, company names, addresses and trade marks associated with goods or services of a different origin (Arts. 47 and 64)
In force since .
A false affiliation rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Do not use an incorrect indication of source, that is a direct or indirect reference to the geographical origin of goods or services, including to their characteristics or the quality associated with their origin (Art. 47(1) and (3)(a)).
- Do not use a denomination that may be confused with an incorrect indication of source (Art. 47(3)(b)).
- Do not use a name, a company name, an address or a trade mark associated with goods or services of a different origin where this could be misleading (Art. 47(3)(c)).
These lines are LexLint's reading of the law's text.
What this law does
Article 47 paragraph 1 of the Federal Act on the Protection of Trade Marks and Indications of Source defines indications of source as direct or indirect references to the geographical origin of goods or services, including references to their characteristics or the quality associated with their origin.
Article 47 paragraph 3 prohibits using incorrect indications of source, denominations that may be confused with an incorrect indication of source, and a name, a company name, an address or a trade mark associated with goods or services of a different origin where this could be misleading.
Under article 64 paragraph 1 a person who wilfully uses an incorrect indication of source, uses a denomination that can be confused with one, or 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 is liable to a custodial sentence not exceeding one year or a monetary penalty. Article 47 paragraph 3 letter c and article 64 were amended by the Federal Act of , in force since .
When LexLint raises it
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