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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.
ECLI:EU:T:2012:177
62010TJ0369
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(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.