Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 14.3.2016 | EN | Official Journal of the European Union | C 98/32 |

---

Judgment of the General Court of 28 January 2016 — Sto v OHIM Fixit Trockenmörtel Holding (CRETEO)

(Case T-640/13)[(1)](#ntr1-C_2016098EN.01003201-E0001)

((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. |

---

[Top](#document1)