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

¹ Food­stuffs with­in the mean­ing of the Food­stuffs Act of 9 Oc­to­ber 1992⁵⁸ (FSA) ​​fall un­der this pro­vi­sion, with the ex­cep­tion of nat­ur­al products un­der Art­icle 48a of this Act. The Fed­er­al Coun­cil shall reg­u­late the dif­fer­ences in de­tail.

² The ori­gin of a food­stuff is the place from which at least 80 per cent of the raw ma­ter­i­al weight that makes up the food­stuff comes from. For milk and dairy products, the weight of milk as the raw ma­ter­i­al must equal 100 per cent.

³ Ex­cluded from the cal­cu­la­tion un­der para­graph 2 are:

a.

nat­ur­al products which, due to nat­ur­al con­di­tions, can­not be pro­duced at the place of ori­gin;

b.

nat­ur­al products that are tem­por­ar­ily not avail­able in suf­fi­cient quant­it­ies at the place of ori­gin.

⁴ For the cal­cu­la­tion un­der para­graph 2, all raw ma­ter­i­als for which the do­mest­ic self-sup­ply rate is at least 50 per cent must be taken in­to ac­count. Where the raw ma­ter­i­al self-sup­ply rate is 20–49.9 per cent, only half of the raw ma­ter­i­als are to be taken in­to ac­count. Where the raw ma­ter­i­al self-sup­ply rate is less than 20 per cent, the raw ma­ter­i­als may be ex­cluded from the cal­cu­la­tion. The Fed­er­al Coun­cil shall reg­u­late the de­tails.

⁵ In ad­di­tion, the in­dic­a­tion of source must cor­res­pond to the place where the pro­cessing, which has giv­en the food­stuff its es­sen­tial char­ac­ter­ist­ics, has taken place.