TITLE 4 FINAL PROVISIONS
Chapter 1 Execution
73. Execution
The Federal Council shall promulgate the implementing provisions.
Chapter 2 Repeal and Amendment of Federal Law
74. Repeal of Previous Law
The Federal Law of September 26, 1890, Concerning the Protection of Trademarks, Designations of Origin of Goods and Commercial Awards is repealed. However, Article 16bis(2) shall remain of application until the entry into force of Article 36 of this Law.
75. Amendment of Previous Law
(1) The Federal Law on the Organization of the Federal Judiciary is amended as follows:
Article 100(w)
Appeal to the Administrative Court shall further be inadmissable, unless it concerns orders in the field of data protection, against:
(w) in the field of trademark protection: orders given in opposition proceedings.
(2) The Federal Law of June 20, 1993, on the Supervision of Trade in Precious Metals and Goods of Precious Metal is amended as follows:
Title
Addition of the Short Title and the Abbreviation: (Precious Metal Supervision Law; LCMP)
Article 10
(b) (Composition)
(1) A hallmark is a finite sign serving to identify the owner of the hallmark. It can consist of individual letters, figures, words, pictorial representations, special forms or combinations of such elements. It may not be capable of confusion with hallmarks already registered or with official stamps.
(2) A hallmark must be clearly and permanently applied to the goods.
Article 12(1)bis and (2), first sentence
(1)bis The term of registration shall be 20 years from the day of registration. It may be extended for further 20-year periods on payment of a fee prior to expiry of the time limit.
(2) Where the statutory requirements for registration of a hallmark subsequently lapse or where the term of registration has expired without a request for extension having been submitted in good time, the hallmark shall be cancelled in the Register....
Article 22(1)
(1) Consignments in direct transit may be officially examined. Article 20(3)
shall apply mutatis mutandis.
Article 22a (Report of Suspect Consignments)
Where the Central Office suspects that the hallmark or the melting mark or the assay mark of another person has been used or imitated on imported, exported or transit goods or that some other infringement of the provisions for the protection of intellectual property has been committed, it shall inform the injured party thereof. The consignment may be withheld.
Article 47
(d) (Stamp Regulations, Infringement; Misuse of Marks and Signs; Alteration of Punches)
(1) Any person who places on the market goods of precious metal without stating the fineness or without hallmark, products of melting without stating the fineness or without the melting or assay mark, rolled gold goods without designation or without hallmark, or watchcases without stamp,
any person, who without authorization, imitates or uses the hallmark or the melting mark or assay mark of another person,
any person who places precious metal goods or melting goods on the market, on which the statement of fineness or the imprint of an official stamp has been changed or removed,
shall be liable, if he has acted intentionally, to imprisonment or a fine.
(2) Where the offender has acted negligently, he shall be liable to a fine.
Articles 44 to 46 and 48 to 50
All amounts of fines expressed in francs are to be deleted.
(3) The expression "trademarks" is replaced in all orders by "marks," with the exception of Articles 1 and 2 of the Federal Law of June 5, 1931, on the Protection of Public Armorial Bearings and Other Public Signs. The orders concerned shall be adopted at the earliest opportunity.
Chapter 3 Transitional Provisions
76. Registered Trademarks
(1) Trademarks that are already registered on entry into force of this Law shall be subject to the new Law as from that time.
(2) Notwithstanding paragraph (1), the following shall apply:
(a) priority shall be subject to previous law;
(b) grounds for refusing applications for registration, with the exception of absolute grounds for refusal, shall be subject to old law;
(c) opposition to the registration of trademarks already filed on entry into force of this Law shall not be admissible;
(d) the validity of a registration shall terminate on expiry of the term applicable under old law; up to such time, it may be extended at any time;
(e) the first extension of the registration of a collective mark shall be subject to the same formal requirements as an application.
77. Trademarks Not Previously Registrable
If, on entry into force of this Law, applications are pending for the registration of trademarks excluded under old law, but not under new law, the date of entry into force shall be considered the filing date.
78. Priority of Use
(1) The person who first used a trademark prior to entry into force of this Law on goods or their packaging or to identify services, shall have a better entitlement than the first filer on condition that he files the mark within two years of entry into force of this Law and at the same time states the date on which use of the mark was commenced.
(2) Opposition to registration of trademarks filed in accordance with paragraph (l) shall not be permissible.
Chapter 4 Referendum and Entry Into Force
79. Referendum and Entry Into Force
(1) This Law shall be subject to optional referendum.
(2) The Federal Council shall determine the entry into force.
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