Commentaries: Art. 16

The Federal Council shall set up a register of designations of origin and geographical indications.
In particular it shall regulate:
1. entitlement to registration;
2. the requirements for registration, in particular requirements regarding product specifications;
3. appeal and registration procedures;
4. monitoring.
Swiss and foreign designations of origin and geographical indications may be entered in the register.¹
Registered designations of origin or geographical indications may not be used as generic names. Generic names may not be registered as designations of origin or as geographical indications.
…²
Registered designations of origin or geographical indications may not be registered as product trade marks if the terms of paragraph 7 apply.³ 5bis. If a trade mark is filed that contains a designation of origin or geographical indication that is identical or similar to a designation of origin or geographical indication that has been filed for registration for identical or comparable goods, the trade mark examination procedure shall be suspended until a legally binding decision has been taken on the application to register the designation of origin or the geographical indication.⁴
Any person who uses a registered designation of origin or geographical indication for identical or similar agricultural products or goods processed from them must comply with the regulations indicated in paragraph 2 letter b. This does not apply to the use of trade marks that are identical or similar to a registered designation of origin or geographical indication and which have been deposited or registered in good faith or to which the right of use has been acquired in good faith:
1. before 1 January 1996; or
2. before the name of the registered designation of origin or geographical indication came under protection under the terms of this Act or on another legal basis, insofar as none of the grounds for nullity or expiry indicated in the Trademark Protection Act of 28 August 1992⁵can be demonstrated for the trade mark.⁶
In assessing the legality of the use of a trade mark acquired in good faith under the terms of paragraph 6, particular attention should be given to the question of whether there is any risk of deception or a breach of genuine competition.⁷
Registered designations of origin and geographical indications are protected in particular against:
1. any commercial use in relation to other products which takes advantage of the reputation of a protected designation;
2. any form of usurpation, imitation or counterfeiting.

Inserted by Annex No 7 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631;BBl 2009 8533). ↩
Repealed by No I of the FA of 16 June 2023, with effect from 1 Jan. 2025 (AS 2024 623;BBl 2020 3955). ↩
Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217;BBl 2002 4721,7234). ↩
Inserted by Annex No 7 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631;BBl 2009 8533). ↩
SR 232.11 ↩
Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217;BBl 2002 4721,7234). ↩
Inserted by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217;BBl 2002 4721,7234). ↩

Art. 16

Footnotes

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