EU Court: Ferrari retains ‘Testarossa’ trademark rights

Brussels – Ferrari still owns the rights to the “Testarossa” trademark. The EU General Court has annulled the decisions of the EU Intellectual Property Office (EUIPO), restoring to the Maranello carmaker the right to use one of the names associated with one of its most iconic models, the Ferrari Testarossa.

Ferrari produced the Testarossa model between 1984 and 1996, with just under 10,000 vehicles manufactured. Then, for an uninterrupted period of five years, between 2010 and 2015, that trademark was no longer used within the European Union, which led to the belief that the rights to use the name had lapsed. In a judgment, the General Court today (2 July) ruled to the contrary.

The Luxembourg judges clarify, first of all, that as far as cars are concerned, trade by authorized dealers and distributors within the single market guarantees the origin of the products. Even in the case of second-hand resale, therefore, there is an “effective use” of the trademark by third parties with the consent of the owner, through an authorization that “establishes a link between those two companies” that ensures authenticity of the product. For spare parts and accessories, the same principle applies: retailers and dealers authorized by Ferrari contribute to the well-defined, exclusive nature of the goods sold.

For toys, finally, European legislation also allows the possibility of using a trademark without the owner’s consent, under certain conditions. In this specific case, however, the EU Court notes that the name “Testarossa” for miniature models, school accessories, and the like was used “with the word: ‘Ferrari Official Licensed Product’.” This clarified the exclusive nature of the trademark and rights.