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Ferrari loses Testarossa trademark in Germany as a result of non use.

Earlier this week, a German court ruled that Ferrari can no longer keep its trademark on the name “Testarossa.” Since the Italian automaker hasn’t used the Testarossa name on a car in more than two decades, the court decided it couldn’t keep others from using it. The lawsuit was brought by Kurt Hesse, head of a toy company called Autec AG. Hesse wanted to be able to use the Testarossa name on a few different products, ranging from bicycles to shavers. And he didn’t want to have to pay a licensing fee. Perhaps surprisingly, the court ruled in his favor. According to the court’s spokesperson, “A brand needs to be used to protect it, which the company has not done here.” The decision can still be appealed, but as it stands right now, the Italian automaker will have to give up its rights both in Germany and internationally. Ferrari argued that it actually does still use the name since it provides parts and restoration services to Testarossa owners. According to the court, that isn’t enough because those services are provided under the Ferrari brand. Ferrari is however likely to appeal this ruling. In Nigeria, a mark which has not been in use for a period of five and and one month is liable to be taken off the register of trademark upon the application of anybody. Also, where the proprietor of the mark has no bona fide intention of using the Mark, any other person can apply for the mark to be taken off the register.

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