The Swiss national ice hockey teams are no longer allowed to wear the Swiss coat of arms on their jerseys. The Swiss Ice Hockey Federation (SIHF) submitted the corresponding application too late. This was decided by the Federal Administrative Court.
In principle, only the Swiss Confederation has been permitted to use the coat of arms since the revised Coat of Arms Protection Act came into force in 2017. However, companies and associations had the opportunity to apply for permission for continued use within two years - if they had been using the coat of arms for 30 years.
As the Federal Administrative Court stated in a ruling published on Friday, the SIHF missed the deadline. The court therefore came to the conclusion that the Federal Institute of Intellectual Property (IPI), which was entrusted with the matter by the Federal Department of Justice and Police, was right not to act on the SIHF's 2021 application. Applications for an exemption had to be submitted by the end of 2018.
Commitments from federal councillors
In June 2018, the SIHF contacted Guy Parmelin, the then head of the Federal Department of Defense, Civil Protection and Sport (DDPS), because it had been requested by the IPI to remove its logo with the Swiss coat of arms from the players' shirts and other items of clothing worn by the Swiss national ice hockey teams.
As the ruling of the Federal Administrative Court shows, it asked for support and suspensive effect for another season until 31 May 2019, as the costs of adapting the logo were considerable. In October 2021, it approached the DDPS again and requested that the Swiss national ice hockey teams be allowed to continue using the Swiss coat of arms.
At the time, the umbrella organization wrote that it had received confirmation from several sources that the Swiss national teams, which had been wearing the Swiss crest on their jerseys since 2015, would be able to continue using it in the future. In its response, the DDPS pointed out to the association that the IPI was monitoring the use of the Swiss coat of arms. Furthermore, it was not the DDPS but the FDJP that was responsible.
In its complaint, the SIHF stated that it had obtained verbal confirmation from Federal Councillor Parmelin and Federal Councillor Baume-Schneider for the continued use of the Swiss coat of arms on the occasion of ice hockey world championships. The IPI had also informed her without reservation that the Federal Council was authorized to grant an exemption.
Clear requirements
The Federal Administrative Court left open the question of whether the umbrella organization could have fulfilled the strict requirements for the continued use of the Swiss coat of arms. An uninterrupted 30-year period of use and an interest worthy of protection in the continued use were required.
These requirements must be met cumulatively. An interest worthy of protection in the continued use would be given if a renunciation by the applicant would be associated with "disproportionate disadvantages". The Federal Administrative Court left open whether these conditions are not fulfilled in the case of the appellant, as the IPI considered.
This judgment is not yet final and can be appealed to the Federal Supreme Court. (Judgment B-669/2024 of 15.10.2024)
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