Judgment of the General Court of 28 January 2016 — Sto v OHIM Fixit Trockenmörtel Holding (CRETEO)
(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)
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.
____________1 OJ C 39, 8.2.2014.