Action brought on 2 December 2013 – Sto v OHIM – Fixit Trockenmörtel Holding (CRETEO)

(Case T-640/13)

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 9 207 085 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 9 207 085

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