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Case T-640/13: Action brought on 2 December 2013 — Sto v OHIM — Fixit Trockenmörtel Holding (CRETEO)
ECLI:EU:UNKNOWN:62013TN0640
62013TN0640
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8.2.2014
Official Journal of the European Union
C 39/24
(Case T-640/13)
2014/C 39/43
Language in which the application was lodged: German
Parties
Applicant: Sto AG (Stühlingen, Germany) (represented by: K. Kern and J. Sklepek, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fixit Trockenmörtel Holding AG (Baar, Switzerland)
Form of order sought
The applicant claims that the Court should:
—Alter the decision of the Fourth Board of Appeal of OHIM of 25 September 2013 in Case R 905/2012-4 to the effect that the opposition is upheld to the extent put forward in the appeal and Community trade mark application No 9207085 is rejected;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Fixit Trockenmörtel Holding AG
Community trade mark concerned: the word mark ‘CRETEO’ for goods in Classes 1, 2, 17 and 19 — Community trade mark application No 9207085
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the German word marks ‘StoCretec’ and ‘STOCRETE’ for goods in Classes 1, 2, 17 and 19
Decision of the Opposition Division: the opposition was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009