Judgment of the General Court of 10 July 2012 - Clorox v OHIM - Industrias Alen (CLORALEX)
(Case T-135/11)
(Community trade mark - Opposition proceedings - Application for Community word mark CLORALEX - Earlier national word marks CLOROX- Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: The Clorox Company (Oakland, United States) (represented by: S. Malynicz, Barrister, and A. Chaudri, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Industrias Alen SA de CV (Nuevo León, Mexico) (represented by: J. Astiz Suárez, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2010 (Case R 521/2009-4) concerning opposition proceedings between The Clorox Company and Industrias Alen SA de CV.
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 December 2010 (Case R 521/2009-4);
2. Orders OHIM to bear its own costs and pay the costs incurred by The Clorox Company;
3. Orders Industrias Alen SA de CV to bear its own costs.
____________1 - OJ C 152, 21.5.2011.