Municipal coats of arms and flags; application for use
Brief description
If you wish to use the coat of arms or the flag of a municipality, county or district, you must first apply for permission from the municipality concerned.
Description
The coats of arms and flags may only be used by third parties with the permission of the respective municipality, county or district.
Approval will only be granted if there is no reason to fear that this could lead to a violation of the Unfair Competition Act (UWG).
Municipalities may approve the use of their coat of arms by political parties or groups of voters, subject to the principle of equality. In doing so, they must ensure that the parties or groups of voters do not give the impression of being functionally or institutionally connected with holders of sovereign power through the way in which the municipal coat of arms is used.
The use of the coat of arms of a municipality in a modified or stylized form, which could lead to confusion with the coat of arms of a municipality, is also not permitted without consent.
Authorization is also required, for example, to download a copy from a website.
Deadlines
Permission must be requested before the coat of arms or flag is used.Costs
One-off or ongoing fees may be charged for the use of the coat of arms or the flag for commercial purposes. The respective municipality, county or district shall decide on the amount of an appropriate fee or charge.
Legal remedy
Legal action before the ordinary courts or the administrative courts (depending on whether the authorization to use municipal coats of arms and flags is granted under civil or public law)Procedure
Apply for the use of the coat of arms to the administration of the municipality whose coat of arms you wish to use. The local authority will decide on the application and inform you of its decision.
The authorization is granted for a limited period and is revocable. It may be subject to conditions, in particular regarding the type and form of use.
Notes
Local authorities can regulate the use of coats of arms, including their approval, by means of statutes or guidelines. Here, the use of a coat of arms without approval can be regulated as an administrative offense with a fine.