Federal Act
on the Protection of Trade Marks and Indications of Source
(Trade Mark Protection Act, TmPA)

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 li­able to a cus­todi­al sen­tence not ex­ceed­ing one year or a mon­et­ary pen­alty.⁹⁰

² On com­plaint of the in­jured party, any per­son who re­fuses to provide in­form­a­tion on the ori­gin of items in his pos­ses­sion that bear a guar­an­tee or col­lect­ive mark con­trary to the reg­u­la­tions, is also li­able to the same pen­al­ties.

³ Where only minor reg­u­la­tion pro­vi­sions are con­cerned, a pen­alty may be dis­pensed with.

⁴ If the of­fend­er acts for com­mer­cial gain, he shall be pro­sec­uted ex of­fi­cio. The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing five years or a mon­et­ary pen­alty. The cus­todi­al sen­tence shall be com­bined with a mon­et­ary pen­alty.⁹¹