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Case T-640/13: Judgment of the General Court of 28 January 2016 — Sto v OHIM Fixit Trockenmörtel Holding (CRETEO) (Community trade mark — Opposition proceedings — Application for Community word mark CRETEO — Earlier national word marks StoCretec and STOCRETE — Relative ground for refusal — Distinctive character acquired through use — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0640
62013TA0640
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14.3.2016
Official Journal of the European Union
C 98/32
(Case T-640/13)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark CRETEO - Earlier national word marks StoCretec and STOCRETE - Relative ground for refusal - Distinctive character acquired through use - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 098/41)
Language of the case: German
Parties
Applicant: Sto SE & Co. KGaA, formerly Sto AG (Stühlingen, Germany (represented by: K. Kern and J. Sklepek, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Fixit Trockenmörtel Holding AG (Baar, Switzerland) (represented by: K. Lochner and C. Thomas, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 September 2013 (Case R 905/2012-4), relating to opposition proceedings between Sto AG and Fixit Trockenmörtel Holding AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Sto SE & Co. KGaA to pay the costs.
OJ C 39, 8.2.2014.