As reported by Reuters, Ferrari has reclaimed legal ownership of the "Testarossa" trademark at the European Union's ("EU") second-highest court, representing a legal victory that may have implications for other legacy brands.
The sports car maker's rights on the mark were revoked in 2023, when the head executive of a German toy company, Autec AG, successfully argued before the EU's Intellectual Property Office ("EUIPO") that Ferrari had not put the Testarossa trademark to "genuine use" for five consecutive years. Under EU law, a trademark can be revoked if not used in commerce for five consecutive years.
In its decision released July 2, 2025, the General Court of the EU's Court of Justice (“ECJ”) annulled the EUIPO's 2023 decision, finding that Ferrari made genuine use of the trademark by implicitly and explicitly sanctioning second-hand sales of Testarossas via its authorized dealer network and by licensing the brand for scale models (i.e., miniature Testarossa models).
According to the Court, these activities constituted genuine trademark use, even though Ferrari discontinued and halted production of the model in 1996. This was because the trademark had served its function by guaranteeing product origin in the resale market.
The ruling set an important precedent for legacy brands: automotive trademarks may remain valid through commercial licensing and sanctioned resales, even without a current production model.
Authors: Ayesha Khanna and Rebecca Bruni, 2025 Summer Student-At-Law
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