Author - Victoria Campbell

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Genuine Use Of a Trade Mark In Relation To Second-hand Parts: The Ferrari TESTAROSSA Case

Genuine Use Of a Trade Mark In Relation To Second-hand Parts: The Ferrari TESTAROSSA Case

In a recent decision, the EUIPO Board of Appeal provided further guidance on what constitutes genuine use of a trade mark in relation to sales of replacement parts in the EU. The Board of Appeal held that genuine use cannot be established if the proprietor of the mark is not actively involved in the sale of the second-hand goods or their spare parts. The decision follows the 2020 CJEU decision in the Ferrari Spa v Du case, where the CJEU held that use of a trade mark amounts to genuine use if the trade mark holder sells second-hand goods directly. 

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