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Case T-135/11: Judgment of the General Court of 10 July 2012 — Clorox v OHIM — Industrias Alen (CLORALEX) (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)
ECLI:EU:UNKNOWN:62011TA0135
62011TA0135
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18.8.2012
Official Journal of the European Union
C 250/14
(Case T-135/11)(1)
(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)
2012/C 250/25
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.
OJ C 152, 21.5.2011.