Judgment of the General Court of 29 March 2012 — You-Q BV v OHIM — Apple Corps (BEATLE)

(Case T-369/10) (1)

(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.

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(1)  OJ C 301, 6.11.2010.