Genuine or generous use?: The art of trade mark ‘maintenance’ in the aftermath of Testarossa

Genuine or generous use?: The art of trade mark ‘maintenance’ in the aftermath of Testarossa

Journal article

1 online resource (pages 759–760)

Few cars have earned as prominent a place in pop culture as Ferrari’s Testarossa has. Though no longer produced, its name has recently surged back to full speed before both national1 and EU courts2, including the General Court. In two recent judgments, Ferrari SpA v The European Union Intellectual Property Office (EUIPO) (T-1103/23 and T-1104/23) concerning—respectively—second-hand cars and parts of cars, and scale toy cars, the General Court held that car manufacturers do not need ongoing production to demonstrate genuine use pursuant to Article 58(1)(a) of Regulation 2017/1001 EU Trade Mark Regulation (EUTMR): sometimes aftersales services, licensing, and even implied consent based on assumptions or facts obtained by the competent authority only at the late stage of the proceedings before it can be enough.

Intellectual Property Law & Practice, 20, 12, 2025

Oxford, UK : Oxford University Press, 2026.

English

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