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

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 mark and in­ten­ded for sim­il­ar goods or ser­vices such that a like­li­hood of con­fu­sion res­ults.

c.

sim­il­ar to an earli­er trade mark and in­ten­ded for the same or sim­il­ar goods or ser­vices such that a like­li­hood of con­fu­sion res­ults.

² An earli­er trade mark is:

a.

a filed or re­gistered trade mark that gives rise to a right of pri­or­ity un­der this Act (Art. 6-8).

b.

a trade mark that is well known in Switzer­land with­in the mean­ing of Art­icle 6^bisof the Par­is Con­ven­tion for the Pro­tec­tion of In­dus­tri­al Prop­erty of 20 March 1883 (Par­is Con­ven­tion)⁴ at the time of fil­ing the sign re­ferred to in para­graph 1.

³ The grounds for re­fus­al un­der this Art­icle may only be in­voked by the pro­pri­et­or of the earli­er trade mark.