Language of document :

Order of the General Court of 24 May 2011 - Sanyō Denki v OHIM - Telefónica 02 Germany (eneloop)

(Case T-309/09) 1

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)

Language of the case: English

Parties

Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: initially, M. De Zorti, M. Koch and T. Grimm, and subsequently V. Schmitz-Fohrmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, M. Ahlgren, and subsequently M. Ahlgren and J.F. Crespo Carillo, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Telefónica 02 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2), relating to opposition proceedings between Telefónica O2 Germany GmbH & Co. OHG and Sanyō Denki Kabushiki Kaisha

Operative part of the order

1.    There is no need to adjudicate on the action.

2.    The applicant and the intervener are ordered to bear their own costs and those incurred by the defendant.

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1 - OJ C 267, 7.11.2009.