Ferrari Regains 'Testarossa' Trademark After European Court Reverses 2023 Ruling

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Ferrari has reclaimed legal ownership of the “Testarossa” trademark in a significant court victory that may carry implications for other legacy brands.

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Last week, the European Union’s General Court annulled a 2023 decision that had stripped Ferrari of its trademark rights to the storied Testarossa name. The court found that the Italian automaker had, in fact, made “genuine use” of the name despite not producing a vehicle bearing it since 1996.

The dispute began when a German toy company executive, the head of Autec AG, successfully argued before the EU’s Intellectual Property Office that Ferrari had failed to actively use the Testarossa name between 2010 and 2015. Under EU law, a trademark can be revoked if not used in commerce for five consecutive years.

Ferrari countered that the name had remained in commercial use through authorized resales, licensed merchandise such as scale models, and continued recognition within the marketplace. The General Court agreed, concluding that the trademark had served its function by guaranteeing product origin—even when associated with second-hand sales.

“The use of the trademark to guarantee the identity of the origin of the goods… when reselling second-hand goods is capable of constituting genuine use,” the court ruled.

The decision reinstates Ferrari’s rights to the Testarossa name across automobiles, vehicle parts, and licensed models within the EU. It also sets a precedent that legacy automotive trademarks can retain protection through commercial licensing or sanctioned resales, even without a current production model.

Originally launched in 1985, the Ferrari Testarossa became an icon of its era, renowned for its V-12 engine and signature side strakes. Though discontinued nearly three decades ago, it remains a collector’s favorite, with values appreciating sharply in recent years.

The ruling represents a strategic legal win for Ferrari, whose Formula 1 team continues to seek similar success on the racetrack in 2025.

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