On 2 July 2025, the General Court of the European Union handed down a landmark decision in Ferrari SpA v EUIPO (T‑1103/23), reinstating the iconic TESTAROSSA trade mark and annulling the EUIPO Board of Appeal's earlier revocation ruling.
For brand owners operating in the luxury and heritage automotive sectors, the judgment offers more than legal clarity because it affirms the principle that genuine use is not merely a question of volume, but of sustained economic relevance.
Background: The Road to Luxembourg
Ferrari's TESTAROSSA mark, registered in the early 2000s, faced a revocation challenge in 2015 under Article 58(1)(a) EUTMR. The applicant, a German private inpidual, alleged non-use across a broad range of goods, including vehicles and parts.
While the EUIPO Cancellation pision acknowledged limited residual use, the Board of Appeal adopted a stricter interpretation, concluding that no genuine commercial activity had occurred during the relevant five-year period. Ferrari then appealed to the General Court and has now prevailed.
Key Findings: What Counts as "Genuine Use"?
The Court's reasoning is grounded in established principles, but its application to the luxury automotive sector is particularly instructive and provides a number of guidelines.
- Use by authorised dealers can qualify as genuine
use
Use by third parties, such as certified resellers, may constitute genuine use – provided it occurs with the proprietor's consent and reflects an ongoing economic relationship. Ferrari's involvement in verifying and certifying the authenticity of TESTAROSSA vehicles that were the subject of resales was deemed sufficient to demonstrate active brand curation.
- After-sales services are central to proving genuine
use, not ancillary
Ferrari's "Classiche" programme, offering technical verification, certification, and restoration services, was recognised as central to the brand's continued commercial relevance. In sectors where provenance and authenticity are paramount, such services may serve as primary evidence of use.
- Spare parts sales support the parent
product
Sales of original TESTAROSSA spare parts were held to support the classification of "automobiles", not merely "vehicle parts". The Court emphasised that unless consumers perceive parts as a distinct category, their sale reinforces the main goods.
Implications for Brand Owners
This decision provides a roadmap for rights holders in the luxury, heritage, and durable goods sectors:
| Principle | When can it constitute genuine use? |
| Use by third parties | Must be with consent and economically linked to the brand holder |
| Certification & after-sales services | Can form primary evidence of genuine use |
| Spare parts sales | Count towards use of the parent product unless viewed as distinct products |
| Brand curation | Continuous oversight and stewardship are key |
A Victory for Substance Over Formalism?
While the ruling is rooted in the specifics of the automotive sector, its broader message resonates across industries. Trade marks today, especially luxury brands and goods with a high value, live not only in advertising and ledgers, but in ecosystems of resale, restoration, and reputation. The General Court has recognised this stewardship and, in doing so, reaffirmed the enduring value of thoughtful, strategic brand management.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
