Swiss Symbolism Under Scrutiny: Uneven Enforcement of Coat of Arms Law Raises Questions
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A growing controversy surrounds the enforcement of Switzerland’s coat of arms law, with accusations of lax oversight when it comes to foreign entities utilizing the national symbol compared to strict regulations imposed on domestic businesses. The issue, which has already impacted high-profile institutions like the national ice hockey team and a Zurich brasserie, highlights a complex legal landscape and raises questions about protecting the “Swissness” brand abroad.
The recent tightening of regulations surrounding the use of the Swiss coat of arms has led to a series of legal disputes within Switzerland. One notable case involved a well-established brasserie in Zurich main station, which was ultimately forced to remove the emblem from its logo after years of display. This rigid enforcement stands in stark contrast to the situation observed across the border, particularly in Germany.
A Tale of Two Countries: Germany’s Relaxed Approach
A trip to neighboring Germany reveals a markedly different approach to the use of the Swiss coat of arms. There, the emblem is frequently displayed on building facades and incorporated into business logos without apparent consequence. Investigations by Blick – anonymized to protect sources – have uncovered several instances of this practice.
For example, a catering company operating at German Christmas and winter markets prominently features the Swiss coat of arms on its stand and in its branding, promising a distinctly “Swiss” experience. Similarly, a traditional hotel in southern Germany, deeply connected to Switzerland through its name and heritage, displays the emblem on its facade, a practice continued for decades. Even a chain of hair care studios utilizes the Swiss coat of arms in its product line logos, with designs closely mirroring official Swiss federal administration branding.
Double Standards or Differing Legal Realities?
The disparity in enforcement has sparked debate: do different standards apply to foreign companies? Are Swiss businesses disproportionately targeted for violations? The original intent behind the “Swissness” legislation, which includes the coat of arms law, was to safeguard the Swiss brand image internationally. However, the current situation suggests a potential imbalance in its application.
The Federal Institute of Intellectual Property (IGE) in Bern is responsible for upholding the law. While a senior official stated that all reports of misuse, regardless of origin, are taken seriously, the IGE’s primary focus remains on domestic cases. “Intervention abroad is fundamentally different from domestic cases,” the official explained.
The Challenges of International Enforcement
The Coat of Arms Protection Act is exclusively applicable within Switzerland. However, international agreements do allow for enforcement in other countries, though the process is significantly more complex. “How the Swiss coat of arms is protected abroad depends on the national legal systems,” according to the IGE.
Within Switzerland, authorities can directly intervene and even pursue criminal charges. Abroad, the IGE relies on the cooperation of Swiss embassies in the respective countries to address violations. Enforcement is often protracted, and foreign authorities are not obligated to take action independently.
A specialized lawyer explained to Blick that Germany, in particular, presents a challenging legal environment for prosecuting such violations. Companies that have been using the Swiss coat of arms for an extended period are unlikely to be viewed as intentionally malicious. “Many people may simply not have noticed that the rules in Switzerland have been tightened,” the lawyer noted.
Limited Interventions and a Focus on Amicable Resolutions
As of July 2025, the IGE had initiated three interventions regarding the improper use of the Swiss coat of arms abroad, all of which remain pending. Current efforts are concentrated on a case in Greece. In these instances, the authorities prioritize reaching amicable settlements, and intervention by the Swiss embassy typically leads to the companies voluntarily ceasing the use of the emblem.
Domestic enforcement, however, is more direct. In recent years, the cantonal criminal authorities have issued a handful of penalty orders for unauthorized use of the Swiss coat of arms.
Switzerland is also actively pursuing bilateral agreements with other nations to strengthen the protection of designations of origin, which increasingly include the Swiss coat of arms, aiming for more enforceable regulations internationally.
The situation underscores the difficulties in protecting national symbols in a globalized world, and the ongoing debate over whether a truly level playing field exists for all entities utilizing the iconic Swiss coat of arms.
This article first appeared at Blick.ch under the title «Germans cash in on the Swiss coat of arms».
