Sentence of the European Union Court concerning the trademark “Beatle”

With the sentence of March 29th,2012, the European Union Court has rejected the appeal with which the Dutch company Handicare Holding BV (that become afterwards You-Q ) has requested to revoke the decision of rejection issued by OHIM in relation to the application of registration of a figurative sign constituted by the word “Beatle” filed by the same for apparatus for locomotion for disabled people. OHIM has rejected the application of Handicare on the grounds of the opposition filed by Apple Corps Ltd, the company founded by the musical group “The Beatles”, which based the opposition on various earlier community and national trademarks constituted by the word “Beatles”. OHIM has stated "that, on account of the proximity between the signs at issue, the considerable and long-standing reputation of the earlier marks and the overlap of the relevant public, it is likely that, by using the mark applied for, Handicare would take unfair advantage of the repute and the consistent selling power of the earlier marks" of Apple Corps. Ltd. The judges of the European Union Court has confirmed the decision of OHIM, pointed out that “the image portrayed by the earlier trademarks is, even after 50 years of existence, still synonymous with youth and a certain counter-culture of the 1960s, an image which is still positive”; the products marked with the mark in question could take advantages from this positive imagine, considering that the consumer of the apparatus for locomotion could be attracted by the imagine of youth, mobility and freedom associated with the trademarks Beatles.


05/07/2012 | Trade Mark