TRADEMARK | The EU General Court on the revocation of Ferrari’s trademark TESTAROSSA

On 2 July 2025, the General Court of the European Union (the “GC”) delivered its judgments in cases T-1103/23 and T-1104/23, annulling the decision of the European Intellectual Property Office (“EUIPO”) that revoked Ferrari’s word trademark TESTAROSSA for non having been put into “genuine use”  for a continuous period of 5 year, between 2010 and 2015 with reference for certain goods it was registered for (i.e. cars, parts, accessories, and scale models). By overturning the EUIPO decision, the GC, however, found that the resale of second-hand Testarossa cars by dealers authorised by Ferrari constituted “genuine use” of the trademark by its proprietor, as carried out with Ferrari’s implicit consent inferred from the authorisation. The GC considered Ferrari’s certification service, which authenticated vehicles and verified the commercial origin of components, as further evidence of “genuine use” with reference to parts and accessories. Also, for scale models, the GC held that the use of the trademark by third parties under Ferrari’s licence took place with Ferrari’s consent and thus constitutes a relevant use. This decision broadens the interpretation of “genuine use”, with the consequence that trademarks owners can rely on activities carried out by third parties, even by merely giving their implicit consent, to maintain their IP rights.

Newsletter n. 109 – July 2025