On 2 July 2025, the General Court of the European Union ruled in favour of Ferrari in the proceedings concerning the “Testarossa” trademark, annulling the decisions by which the EUIPO had declared the trademark invalid for non-use. The EUIPO had indeed found that Ferrari had not made genuine use of the trademark between 2010 and 2015 for goods such as automobiles, spare parts, accessories, and scale models. However, the Court reached a different conclusion.
The Court recognized that, although production of the “Testarossa” automobiles ceased in 1996, Ferrari continued to use the trademark, notably through the sale of used vehicles by authorized dealers and distributors. In these instances, the use of the trademark was deemed valid, even if carried out by third parties, as it occurred with Ferrari’s implied consent, which, inter alia, provided an official vehicle certification service.
The same reasoning applies to spare parts and accessories, which were also distributed by entities connected to Ferrari and subject to the company’s control and certification activities.
With regard to scale models, the Court clarified that trademark use by third parties is lawful insofar as it serves solely to indicate that the models are faithful reproductions of the original vehicle. In any event, it was established that many such products bore the statement “official product under license from Ferrari,” confirming authorized use of the trademark.
In essence, Ferrari demonstrated that it never abandoned the “Testarossa” trademark, and the Court acknowledged the validity of genuine use, even if it differed from the direct sale of new models.
See more articles from our Italian member firm Rucellai & Raffaelli.
