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Federal Act on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act, TmPA)
of 28 August 1992 (Status as of 1 July 2023) [3]
Art. 76Filed or registered trade marks
1 Trade marks that have already been filed or registered upon entry into force of this Act are subject to the new law from that date.
2 By way of derogation from paragraph 1, the following provisions apply:
a.
priority is governed by the previous law.
b.
grounds for refusing applications for registration, with the exception of absolute grounds for refusal, are governed by the previous law.
c.
oppositions to the registration of trade marks already filed on entry into force of this Act are not admissible;
d.
the validity of a registration terminates on expiry of the time limit applicable under the previous law; up to such time, it may be renewed at any time.
e.
the first renewal of the registration of a collective mark is subject to the same formal requirements as those for filing.