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Case C-422/12 P: Order of the Court (Third Chamber) of 30 January 2014 — Industrias Alen SA de CV v The Clorox Company, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure — Community trade mark — Opposition proceedings — Application for Community word mark CLORALEX — Earlier national word mark CLOROX — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Cross-appeal — Article 176 of the Rules of Procedure — Requirement to introduce the cross-appeal by a separate document)

ECLI:EU:UNKNOWN:62012CB0422

62012CB0422

January 30, 2014
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Official Journal of the European Union

C 112/16

(Case C-422/12 P) (<span class="super">1</span>)

((Appeal - Article 181 of the Rules of Procedure - Community trade mark - Opposition proceedings - Application for Community word mark CLORALEX - Earlier national word mark CLOROX - Likelihood of confusion - Regulation (EC) No 207/2009 - Article 8(1)(b) - Cross-appeal - Article 176 of the Rules of Procedure - Requirement to introduce the cross-appeal by a separate document))

2014/C 112/18

Language of the case: Spanish

Parties

Appellant: Industrias Alen SA de CV (represented by: A. Padial Martinez, abogada)

Other parties to the proceedings: The Clorox Company (represented by: S. Malynicz, Barrister), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 10 July 2012 in Case T-135/11 Clorox v OHIM — Industrias Alen (CLORALEX), by which that court annulled 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).

Operative part of the order

1.The main appeal and the cross-appeal are dismissed.

2.Industrias Alen SA de CV is ordered to bear its own costs and to pay the costs incurred by The Clorox Company.

3.The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is to bear its own costs.

(<span class="super">1</span>) OJ C 379, 8.12.2012.

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