CELEX: 62013TN0640
Language: en
Date: 2013-12-02 00:00:00
Title: Case T-640/13: Action brought on 2 December 2013 — Sto v OHIM — Fixit Trockenmörtel Holding (CRETEO)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/24
            
         Action brought on 2 December 2013 — Sto v OHIM — Fixit Trockenmörtel Holding (CRETEO)
   (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