The EU General Court (the second-highest EU court) — this is a significant development, and not only for Ferrari. Congratulations to the brand on this important win.

Ferrari is celebrating a major legal victory: the General Court of the European Union has overturned the decision that had stripped the Italian brand of the rights to the legendary name Testarossa.

👉 In 2023, the European Union Intellectual Property Office (EUIPO) revoked the Testarossa trademark. The reason? Allegedly, Ferrari had not made “genuine use” of the name between 2010 and 2015.
Under EU law, a trademark may be cancelled if it is not used for five consecutive years — which is precisely what happened. The case was triggered by interest from a German entrepreneur. Notably, there was initial opposition on the basis of similarity with the brand Testa Rossa.
However… Ferrari disagreed with the ruling, took the matter to court — and won.

⚖️ The court concluded that Ferrari had in fact used the trademark:

through licensing for the production of miniature Testarossa models (toys, collectible cars),
and through authorised resale of second-hand vehicles, where the company either directly or indirectly gave consent.

🔁 The court confirmed that even this type of trademark use qualifies as “genuine,” as it maintains public recognition and the association of the product with the brand.

“Use of a trademark to guarantee the identity of the origin of the goods for which it was registered — during the resale of second-hand items — may be considered genuine use,” the court stated.

💥 Interestingly, the original complaint was brought by a German entrepreneur connected with toy manufacturer Autec. He had hoped to take advantage of the available name — but Ferrari reclaimed it.
And note how strategically well the 2010–2015 timeframe was chosen.

A similar situation is now emerging with Sanyo, a Japanese brand that was once highly active in the consumer electronics market. Today, the company no longer produces household appliances but continues to sell batteries and rechargeable cells. However, the resale of used Sanyo washing machines and TVs is obstructing efforts to cancel their existing trademarks — and not just in Europe.

🧐 What’s your take on this case? Should a company retain rights to a name, even if no new products under that name have been released in years?