Ferrari has achieved an important legal victory in the European Union, maintaining the protection of its iconic trademark Testarossa despite the fact that the model has not been produced for almost three decades. The EU General Court overturned an earlier EUIPO decision, ruling that the Italian company continued to make «genuine use» of the mark through activities related to used vehicles, spare parts and scale models.
EUIPO position reversed
The EUIPO had considered that the mark Testarossa was not used in the previous five years on the European market, which could lead to cancellation. However, the Court held that the active presence of the model on the secondary market - through resales, authentication authorisations and the circulation of official miniatures - constituted genuine use in accordance with the legislation.
The decision sets a precedent for all historic brands, confirming that the value of an old model can continue to «feed» the brand, even without new productions.
The Testarossa as a living legend
Launched in 1984 and a symbol of the 80s, Testarossa became universally recognised through the TV series The Miami Vice. Although production ceased in 1996, the model remains sought after by collectors and is still an important part of Ferrari's heritage.
The company enhanced the value of the brand through authentication services, its network of authorised dealers and the supply of spare parts, proving to the court that the mark is still «active» in the market.
Approval of the dealer network as a use of the mark
The Court recognized that Ferrari's authorized dealers act as an indication of official product approval, even without written authorization. In addition, the officially licensed Testarossa scale models helped to maintain brand recognition.
The decision establishes the principle that a trademark does not necessarily lose its protection when production of a product ceases, as long as the brand remains active in relevant markets.
