Following an eight-year legal dispute, Ferrari has successfully defended its Testarossa trade mark in the European Union. On the 2nd July 2025, the General Court of the EU overturned the EUIPO’s original ruling that had revoked Ferrari’s EU trade mark rights for Testarossa.

The new ruling in favour of Ferrari holds significance for brands with legacy trade marks in the EU and has lasting implications for what constitutes ‘genuine’ use under EU law.

Background

Ferrari began producing the Testarossa in 1984, with Testarossa being a reference to its distinctive, red-painted camshaft covers (“Testarossa” means ‘redhead’ in Italian). Although production ceased in 1996 the vehicle remains a popular choice in the second-hand market; thanks in part to its cameo appearance in the hit show Miami Vice and iconic status Ferrari first secured its EU trade mark for the Testarossa in February 2007.

In 2014, Kurt Hesse, Chief Executive of German toy company Autec AG, filed a non-use cancellation action against this trade mark at the EUIPO, alleging that the trade mark had not been put to genuine use during the relevant 5-year period.

The EUIPO Decision

The EUIPO decision revoked the Testarossa trade mark in the EU for Class 12 goods, including for "automobiles, replacement parts, components and accessories." Ferrari had argued that its implied consent for the vehicle sales in second-hand markets in addition to the sale of spare parts constituted genuine use of the mark within the relevant period. Ferrari also provided evidence of their influence in the second-hand market; namely, their activities with authorised second-hand dealers and their certification scheme.

However, the EUIPO held that the evidence of second-hand sales submitted by Ferrari did not sufficiently demonstrate genuine use of the trademark, given that these sales did not require Ferrari’s consent. Furthermore, Ferrari had not produced any evidence of new cars being manufactured and sold under the mark during the relevant period. The EUIPO Board of Appeal also agreed with the EUIPO’s reasoning.

The General Court Decision 

Nonetheless, the EUIPO General Court held that sales of second-hand cars by a dealer or distributor authorised by Ferrari did constitute a sale with their consent and qualified as genuine use. The Court considered that Testarossa vehicles sold by a dealer or distributor authorised by Ferrari indicate that the sale is conducted with the consent, albeit implied, of the proprietor. The Court considered that Ferrari’s certificates of authenticity provided to third parties when they sell pre-owned Testarossa models were sufficient evidence of this consent.

Consequently, the General Court annulled the earlier EUIPO decision and reinstated Ferrari’s registration.

Secerna Comments

The Decision is likely to be especially important for brands with legacy trademarks, where the brand reputation lives on with the resale of vintage models and spare parts (rather than with new sales as such). This case demonstrates that trade mark registrations can be maintained and enforced in the EU even where there are only second-hand sales, provided that the brand owner is sufficiently involved in the second-hand activities.