End of the road for Beatle wheelchair as EU judges rule in pop group's favour

John Lennon and Paul McCartney of the Beatles in the Apple Corps office in 1968. Judges have ruled that a product using the pop group's name would benefit unfairly from the association. Photograph: Jane Bown

A bid to trademark the word beatle for use on electric wheelchairs has been blocked by EU judges.

They ruled there was a risk of confusion with the pop group – even though the youth and vigour represented by the group contrasted with the reduced mobility of wheelchair customers.

There was in fact a connection, the judges said on Thursday, because some original Beatles fans may now be wheelchair users.

Dutch company You-Q has been promoting the Beatle wheelchair on its website.

But the ruling from the European court of justice backed the EU trademark office's decision to disallow Beatle wheelchairs to be trademarked.

The verdict is a victory for Apple Corps, the company formed by the Beatles, which challenged the You-Q bid.

The judges said a product using the group's name would benefit unfairly from the association.

The name of the group has "an enormous reputation for sound records, video records and films and a reputation, albeit lesser, for merchandising products such as toys and games", the court ruled.

Visually, phonetically and conceptually, the names the Beatles and Beatles were very similar to the trademark requested for the wheelchairs.

"Moreover, those marks have a distinctive character so that, when faced with them, the public at large, in particular in the non-English speaking countries of the EU, will immediately think of the eponymous group and their products," said the ruling.

The judges said it was likely that, if allowed to use the Beatle name, You-Q would take unfair advantage of the "repute and the consistent selling power" of the pop group.

"The image conveyed [by the name of the Beatles] is, even after 50 years of existence, still synonymous with youth and a certain counterculture of the 1960s, an image which is still positive," said the ruling.

"That positive image could benefit the goods covered by the mark applied for, since the relevant public, on account specifically of the handicap in question, would be particularly attracted by the very positive image of freedom, youth and mobility associated with the Beatles.

"This is especially so as a part of the public targeted by You-Q's goods belongs to the generation of persons who knew the Beatles' goods in the 60s and some of whom may now be concerned by the goods covered by the mark applied for.

"That image transfer would therefore enable You-Q to introduce its own trademark on the market without incurring any of the great risk or costs, in particular advertising costs, connected with launching a newly created mark."