CELEX: 62010TJ0369
Language: en
Date: 2012-03-29 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 29 March 2012. # You-Q BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark BEATLE - Earlier national and Community word and figurative marks BEATLES and THE BEATLES - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 - Reputation - Unfair advantage taken of the distinctive character or reputation of the earlier marks. # Case T-369/10.

Judgment of the General Court (Eighth Chamber) of 29 March 2012 — You-Q v OHIM – Apple Corps (BEATLE)
      (Case T-369/10)
      Community trade mark — Opposition proceedings — Application for Community figurative mark BEATLE — Earlier national and Community word and figurative marks BEATLES and THE BEATLES — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation of the earlier marks
      Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Taking unfair advantage of the distinctive character or repute of the earlier mark (Council Regulation No 207/2009, Art.
         8(5)) (see paras 34-35, 45, 60, 74)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2010 (Case R 1276/2009-2) concerning opposition
                  proceedings between Apple Corps Ltd and Movingpeople.net International BV.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders You-Q BV to pay the costs.