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Case T-369/10: Judgment of the General Court of 29 March 2012 — You-Q BV v OHIM — Apple Corps (BEATLE) (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)
ECLI:EU:UNKNOWN:62010TA0369
62010TA0369
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Official Journal of the European Union
C 138/16
(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)
(2012/C 138/30)
Language of the case: English
Parties
Applicant: You-Q BV, formerly Handicare Holding BV (Helmond, Netherlands) (represented by: G. van Roeyen)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apple Corps Ltd (London, United Kingdom) (represented by: A. Terry, Solicitor, and F. Clark, Barrister)
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 of the judgment
The Court:
1.Dismisses the action;
2.Orders You-Q BV to pay the costs.
(*) Language of the case: English.
ECLI:EU:C:2012:140