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EU Court Restores Ferrari’s Rights to Testarossa Trademark

The ruling affirms that Ferrari’s authorized used-car sales along with licensed model replicas meet EU genuine use standards for trademark protection.

Overview

  • The General Court overturned EUIPO’s 2023 non-use cancellation of Ferrari’s 2007 Testarossa trademark.
  • Court found genuine use demonstrated by authorized resale of post-1996 Testarossa cars under Ferrari’s supervision.
  • It also cited sales of official Ferrari-licensed parts, accessories and scale model cars during the contested 2010–2015 period.
  • Toy maker Kurt Hesse challenged the mark to avoid royalties and to apply the Testarossa name to items such as bicycles, e-bikes and razors.
  • An appeal to the Court of Justice of the European Union remains possible, though legal experts consider its prospects slim.