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Case T-1104/23: Judgment of the General Court of 2 July 2025 – Ferrari v EUIPO – Hesse (TESTAROSSA) (EU trade mark – Revocation proceedings – International registration designating the European Union – Word mark TESTAROSSA – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use by third parties – Nature of the use – Implied consent of the proprietor of the mark – Proof of genuine use – Scale toy land motor vehicles)
ECLI:EU:UNKNOWN:62023TA1104
62023TA1104
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Official Journal of the European Union
C series
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C/2025/4449
18.8.2025
(Case T-1104/23)
(EU trade mark - Revocation proceedings - International registration designating the European Union - Word mark TESTAROSSA - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Use by third parties - Nature of the use - Implied consent of the proprietor of the mark - Proof of genuine use - Scale toy land motor vehicles)
(C/2025/4449)
Language of the case: English
Applicant: Ferrari SpA (Modena, Italy) (represented by: K. Muraro, G. Russo and C. Comolli Acquaviva, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Kurt Hesse (Nuremberg, Germany) (represented by M. Krogmann, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and the alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 August 2023 (Case R 887/2016-5).
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 August 2023 (Case R 887/2016-5) to the extent that the contested mark was revoked in respect of ‘scale toy land motor vehicles’ in Class 28;
2.Dismisses the action as to the remainder;
3.Orders EUIPO and Mr Kurt Hesse to bear their own costs and to pay those incurred by Ferrari SpA, including the costs necessarily incurred for the purposes of the proceedings before the Board of Appeal.
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OJ C, C/2024/760, 22.1.2024.
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ELI: http://data.europa.eu/eli/C/2025/4449/oj
ISSN 1977-091X (electronic edition)
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