Definition and meaning of the Federal Coat of Arms
Das Federal Coat of Arms refers to the official emblem of the Federal Republic of Germany and is a central symbol of state authority. The Federal Coat of Arms is firmly anchored in German constitutional law and serves as an expression of the Federation’s sovereignty and unity. It depicts the Federal Eagle as the heraldic animal, which has a long historical tradition. The Federal Coat of Arms is distinguished from the national flag by its specific graphic design and its legal scope of application.
Legal foundations of the Federal Coat of Arms
Statutory regulations
The statutory provisions regarding the Federal Coat of Arms are primarily found in the Law on the Coat of Arms of the Federation (Federal Coat of Arms Act) of 20 January 1950 (Federal Law Gazette 1950 I p. 26). Additional amendments and clarifications are provided by the Law on Regulatory Offenses and the Criminal Code. Special regulations concern the design, use, and protection of the Federal Coat of Arms.
Constitutional basis
The Federal Coat of Arms is indirectly protected by Article 22 paragraph 2 of the Basic Law, which states that the coat of arms of the Federation shall be determined by federal law. The design of the Federal Coat of Arms is thus prescribed by law and is officially protected.
Design specifications
The graphic design of the Federal Coat of Arms is defined in an announcement by the Federal Ministry of the Interior from 1950. The description is as follows:
“In a golden shield, facing right, a ready-to-fly, inwardly red, black-colored eagle, whose head, wings, thighs, and claws have red talons, and the wings are adorned with red clover stems.”
All representations of the Federal Coat of Arms must conform to this model. For certain governmental uses, there also exists the Federal Shield, a modified form of the Federal Coat of Arms for special purposes.
Use of the Federal Coat of Arms
Official use
The use of the Federal Coat of Arms is reserved for the highest federal state organs. These include:
- The Federal President
- The German Bundestag
- The Bundesrat
- The Federal Government
- The Federal Ministries
- The Federal supreme authorities and federal courts
The Federal Coat of Arms may only be used in official dealings to mark official documents, buildings, and objects associated with the exercise of federal sovereign rights.
Examples of use
- Federal ID card and passport
- Certificates and official documents
- Official seals
- Signs on government buildings
Distinction from other official emblems
The Federal Coat of Arms is to be distinguished from the Federal Seal (primarily used for authenticating official documents) and the Federal Flag (national colors black-red-gold). While the coat of arms emphasizes the state character, the flag stands for state unity and sovereignty.
Protection of the Federal Coat of Arms
Criminal law protection
Unauthorized use, imitation or falsification of the Federal Coat of Arms is punishable under the Criminal Code. In particular, under § 124 OWiG und § 90a StGB , misuse can be prosecuted. Applying the Federal Coat of Arms for commercial purposes, for advertising, or in private correspondence is generally prohibited and constitutes a regulatory offense.
Civil and administrative law aspects
In addition to criminal penalties, there are also civil and administrative law consequences for misuse of the Federal Coat of Arms. Authorities are empowered to intervene in the event of abusive use and confiscate or remove unauthorized representations. Claims for injunctive relief under competition law may also arise if the Federal Coat of Arms is intended to create the impression of official authority and thus violates the Act Against Unfair Competition (UWG).
Use by third parties
Exceptions and authorizations
For certain applications, explicit permission to use the Federal Coat of Arms may be granted, such as for official publications, informational material, or for protocol reasons in the context of international relations. Applications must be submitted to the competent federal ministry.
Use in business and advertising
Use of the Federal Coat of Arms by companies, associations, or private individuals is generally prohibited. Use for commercial purposes, product labeling, in trademarks, logos, or for advertising material is strictly forbidden without the express permission of the federal government. Violations may result in criminal and civil measures.
Federal Coat of Arms in international comparison
Heraldic law is regulated in most countries. The German Federal Coat of Arms corresponds in its symbolism and legal demarcation to the national emblems of other European countries, which often know similar protective provisions.
Practical significance and current references
The Federal Coat of Arms continues to play a central role in the external representation of the Federal Republic of Germany. In the digital age, design and protective mechanisms are also relevant for digital media and online documents, which is why updated technological protections are being implemented.
Summary
The Federal Coat of Arms is a central state emblem of the Federal Republic of Germany, protected under constitutional and statutory law. Its use is strictly regulated and limited to official purposes. The comprehensive criminal, regulatory, and administrative legal protection ensures that the symbol is not misused and is preserved as an expression of state order and integrity. Users outside public administration require a formal permit for any use. Ongoing adjustments and controls ensure the protection remains current and effective in the face of new technological challenges.
Frequently asked questions
Who is authorized to use the Federal Coat of Arms?
The Federal Coat of Arms of the Federal Republic of Germany is subject to strict legal provisions regarding its use. In principle, it may only be used by certain public authorities. According to the announcement on the official emblems of the Federal Republic of Germany of 20 January 1950 and corresponding administrative regulations, constitutional organs (Bundestag, Bundesrat, Federal Government, Federal President), supreme federal authorities, federal courts and their agencies may use the Federal Coat of Arms in their official capacity. The Bundeswehr, Federal Police, and other institutions with the status of federal authorities are also entitled to use the coat of arms when necessary for the fulfillment of official duties. Use by private individuals and companies is generally prohibited—even in stylized or altered form—as it may easily create a misleading impression of official status and constitutes an impermissible assumption of authority.
What are the legal consequences of unauthorized use of the Federal Coat of Arms?
Unauthorized use of the Federal Coat of Arms constitutes an administrative offense under § 124 OWiG (Regulatory Offenses Act) and may be punished with a fine. Under § 132a StGB (Criminal Code), unauthorized use of certain federal insignia, which explicitly includes the Federal Coat of Arms, is criminally punishable. In cases of imitation or intended deception, imprisonment of up to one year or a fine may be imposed. Authorities also have the right to confiscate or order the removal of any items unlawfully displaying the coat of arms. In civil law, injunctive-relief and compensation claims can also be asserted in cases of reputational harm or damage to image.
Is use of the Federal Coat of Arms permitted for club or advertising purposes?
Associations, companies, or other non-governmental organizations may not use the Federal Coat of Arms for any advertising or identification purposes. Incorporation into logos, letterheads, or on websites of private or commercial actors is also prohibited. Use of the coat of arms in this context suggests an official status or special relationship with the state, which may result in an unlawful assumption of authority. Exceptions only exist where explicit written permission is granted by the relevant federal authority, which is handled extremely restrictively and is only granted in cases of particular public interest.
What design guidelines must be observed for depicting the Federal Coat of Arms?
The Federal Coat of Arms may only be used in the form prescribed by law, as set out in the ‘Order on the German Flags’ (AnOrd Flagg) and other relevant regulations. Any distortion, alteration, or modification—for example, by adding elements, changing colors, or graphic modifications—is prohibited. Size, color shades (black, red, gold), proportions, and graphical design (e.g., the breast shield of the Federal Eagle) must be observed precisely. Even in cases of permissible official use, faithful and dignified reproduction is required to preserve the unmistakable symbolic power of the state emblem.
Are there exceptions for the use of the Federal Coat of Arms in historical, artistic, or scientific contexts?
In principle, exceptions for use in teaching, research, documentation, or artistic purposes are possible, especially if it serves the public interest and there is no risk of confusion with official uses. For example, printing the Federal Coat of Arms in schoolbooks, scientific publications, or exhibitions is allowed if for educational or informational purposes and not for commercial or misleading objectives. However, the manner of presentation must be such that similarity to official use is avoided. In case of doubt, it is advisable to seek permission from the competent authority.
How does the legal handling of the Federal Coat of Arms differ from the Federal Service Flag or other national symbols?
While the Federal Coat of Arms may only be used by certain authorities and for precisely defined purposes, there are similar, although in some parts broader, rules for the Federal Service Flag. The Federal Service Flag, for example, may also be used by authorities on buildings and at official events, expressly symbolizing the sovereign character of an event. Other national symbols, such as the Federal Seal or insignia on documents, are subject to even stricter regulations, as they are directly linked to the legal certainty and authenticity of official actions. The use of private replicas is also criminally prosecuted in these cases.
What special regulations apply to the use of the Federal Coat of Arms in an international context?
In the international context, the use of the Federal Coat of Arms is permitted and even required at diplomatic and consular representations of the Federal Republic of Germany. Here it serves as a clear marker of official German state authority on foreign territory, for example at embassy or consulate buildings. At international organizations and official acts, correct application of the coat of arms by German entities is indispensable. The provisions prohibiting private use also apply abroad to prevent misuse or pretend official authority. Violations of these provisions may result in diplomatic complications or, depending on local law, sanctions.
