Language of document :

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.

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1 - OJ C 152, 21.5.2011.