ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
14 December 2009 (1)
(Removal from the register)
In Case T-143/07,
UMG Recording Inc., established in Santa Monica (United States), represented by E. Armijo Chávarri and A. Cástan Pérez-Gómez, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Jimmy Osman, residing in London (United Kingdom),
Action brought against the decision of OHIM of 15 February 2007 (Case R 523/2006-2), concerning revocation proceedings between Jimmy Osman and UMG Recordings, SA,
1 By letter lodged at the Registry of the General Court on 12 November 2009, the applicant informed the Court that it wished to discontinue proceedings and requested that the Court order each party to the proceedings to bear their own costs.
2 By letter lodged at the Registry of the General Court on 24 November 2009, the defendant informed the Court that it had no objections to make concerning the discontinuance of the proceedings and requested that pursuant to Article 87(5) of the Rules of Procedure the applicant be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, a party who discontinues proceedings is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
4 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-143/07 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 14 December 2009.