ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
2 March 2010 (1)
(Removal from the register)
In Case T-310/07,
gardeur AG, established in Mönchengladbach (Germany), represented by A. Beschorner, B. Glaser and C. Thomas, lawyers,
applicant,
v
Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, being
Blue Rose, Inc., established in Nashville Tennessee (United States),
Action brought against the decision of the Second Board of Appeal of OHIM of 15 June 2007 (Case R 878/2006‑2) relating to cancellation proceedings between gardeur AG and Blue Rose, Inc.
1 By letter lodged at the Registry of the General Court on 13 January 2010, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure of the General Court that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 28 January 2010, the defendant informed the Court that it did not object to the case being removed from the register and asked the General Court to order the applicant to bear the costs.
3 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant asked the Court to order the applicant to bear the costs.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-310/07 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 2 March 2010.