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Case C-294/12 P: Order of the Court (Seventh Chamber) of 14 May 2013 — You Q BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Apple Corps Ltd (Appeals — Community trade mark — Figurative mark containing the word element ‘BEATLE’ — Opposition by the proprietor of the Community and national word and figurative marks containing the word elements ‘BEATLES’ and ‘THE BEATLES’ — Refusal of registration by the Board of Appeal — Article 8(5) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62012CB0294
62012CB0294
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Official Journal of the European Union
C 225/45
(Case C-294/12 P) (<span class="super">1</span>)
(Appeals - Community trade mark - Figurative mark containing the word element ‘BEATLE’ - Opposition by the proprietor of the Community and national word and figurative marks containing the word elements ‘BEATLES’ and ‘THE BEATLES’ - Refusal of registration by the Board of Appeal - Article 8(5) of Regulation (EC) No 40/94)
2013/C 225/77
Language of the case: English
Parties
Appellant: You Q BV (represented by: G.S.C.M. van Roeyen, advocaat)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and I. Harrington, acting as Agents), Apple Corps Ltd (represented by A. Terry, Solicitor, and F. Clark, Barrister)
Re:
Appeal against the judgment of the General Court (Eighth Chamber) of 29 March 2012 in Case T-369/10 You-Q v OHIM — Apple Corps (Beatle), by which that Court dismissed an action for annulment brought by the applicant for the figurative mark including the word element ‘BEATLE’ for goods in Class 12 against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 31 May 2010 in Case R 1276/2009-2, which annulled the Opposition Division’s decision rejecting the opposition brought by the proprietor of the Community and national word and figurative marks including the word elements ‘BEATLES’ and ‘THE BEATLES’ in respect of goods in Classes 6, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 27, 28, 34 and 41
Operative part of the order
1.The appeal is dismissed.
2.You-Q BV shall pay the costs.
(<span class="super">1</span>) OJ C 303, 6.10.2012.