02 April 2025

Swiss Ice Hockey Team to Lose Swiss Coat of Arms on Jerseys

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  • Legal
  • Data / Technology / IP

In October 2024, the Federal Administrative Court upheld the ban on SIHF using the Swiss coat of arms on jerseys – the deadline for an exemption had been missed.

  • Luca Hitz

    Legal Partner

  • Philipp Stadler

    Senior Legal Associate

The decision (B-669/2024) of the Federal Administrative Court from October 2024 has far-reaching consequences for the Swiss ice hockey national team. The Swiss Ice Hockey Federation (SIHF) will no longer be allowed to display the Swiss coat of arms on its jerseys.

The Swiss Federal Institute of Intellectual Property (IPI) declined to process the SIHF’s request from October 11, 2021, as it was not submitted within the deadline, and the letter from June 1, 2018, could not be considered a formal application. The SIHF appealed to the Federal Administrative Court, which upheld the IPI’s decision.

The use of the Swiss coat of arms is subject to strict regulations under the revised Swiss Coat of Arms Protection Act (WSchG) of 2017.

According to art. 8 WSchG, the coat of arms is generally reserved for the Swiss Confederation. The Federal Department of Justice and Police (EJPD) may authorize its continued use upon a justified request, provided that special circumstances apply. Private companies and organizations that had already used the coat of arms before the law revision were required to submit a request for continued use to the EJPD by the end of 2018 (art.35 para. 2 WSchG). Special circumstances are deemed to exist if it can be proven that the coat of arms has been used continuously for at least 30 years without objection by the same entity or its legal successors to identify goods or services and if there is a legitimate interest in its continued use (art. 35 para. 3 let. a and b WSchG).

In its decision, the Federal Administrative Court allowed certain companies and associations to continue using the Swiss coat of arms based on art. 35 para 3 let. a WSchG. These organizations include Victorinox AG, the Touring Club of Switzerland, the Swiss Alpine Club, and the Swiss Snowsports Association.

The SIHF claimed that it had already been in contact with Federal authorities in 2018, seeking assistance and a temporary extension for another season. However, the Federal Administrative Court ruled that this correspondence could not be considered a formal request under the WSchG. Such a request would have had to explicitly document the intention to continue using the coat of arms beyond the legal transition period. As the SIHF only submitted its request in 2021, the deadline had already expired. The court underlined that the SIHF’s officials should have been aware of applicable legal provisions and complied with them.

The SIHF referred to verbal assurances given by Federal Councillors Parmelin and Baume-Schneider during the Ice Hockey World Championships, stating that continued use would not be an issue. However, the Federal Administrative Court found that such informal assurances were not sufficient to establish legitimate trust. Instead, the SIHF should have obtained written confirmation to rely on an exemption.

Furthermore, the court rejected the claim that authorities had acted in an excessively formalistic manner. The SIHF could not claim a «layperson’s privilege», as it is the governing body of Swiss ice hockey and is capable of handling its interests in this matter independently.

Regardless of the deadline issue, the SIHF would have had to meet the substantive requirements for continued use of the coat of arms. According to art 35 para.3 WSchG, an applicant must prove that the coat of arms has been in continuous use for at least 30 years. As the SIHF only started using the coat of arms on its jerseys in 2015, this requirement was not met. Additionally, the SIHF would have had to demonstrate a legitimate interest that would render the removal of the coat of arms disproportionate. The Federal Administrative Court left open the question of whether these conditions were met.

A motion has been submitted in parliament proposing an exemption for national sports teams. The Council of States has already approved it. However, whether the motion will lead to a legal amendment remains uncertain.

In November 2024, a temporary agreement was reached, allowing the SIHF to continue using the Swiss coat of arms on the national team’s jerseys until the end of 2026. However, the Swiss cross, as an alternative, remains available, as its use is subject to less restrictive legal regulations.

The Federal Administrative Court’s ruling follows a strict interpretation of the Swiss Coat of Arms Protection Act and underlines the significance of the Swiss coat of arms as a state symbol. It demonstrates that even long-established institutions like the SIHF cannot expect special treatment if legal deadlines are missed or substantive requirements are not met.

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