Association or No Association, that is the question. The General Court confirms

the validity of FERRARI´S TESTAROSSA trademarks.

The Boards of Appeal of the EUIPO decided to revoke the Italian company´s TESTAROSSA trademarks for non-use given that during the relevant period i) the owner had not produced/distributed any new cars identified by the trademarks, and ii) no second-hand sales of these vehicles were performed by a third party with the consent of the owner.

In this regard, the fact that the existence of second-hand sales by third parties necessarily implied the consent of the owner was refuted, since such consent is not necessary (rather only in the sale of new products, after which trademark rights are exhausted).

The General Court concluded the contrary.

A crucial issue in this case was the existence of accredited sales of second-hand vehicles by official distributors, or third parties associated with the owner, given that – as of now – consent can be derived from this association with the Maranello company.

Similar conclusions can be reached with respect to the use of the trademarks in question for spare parts and scale models (toys) of TESTAROSSA vehicles.

Link to the decision: click here

July 16, 2025