ORDER OF THE GENERAL COURT (First Chamber)
10 April 2024 (*)
(EU trade mark – Opposition proceedings – Withdrawal of the opposition – No need to adjudicate)
In Case T-601/23,
momox SE, established in Berlin (Germany), represented by U. Lüken, lawyer,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by D. Hanf, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO being
Nyky Srl, established in Silea (Italy),
THE GENERAL COURT (First Chamber),
composed of D. Spielmann, President, M. Brkan and I. Gâlea (Rapporteur), Judges,
Registrar: V. Di Bucci,
having regard to the written part of the procedure,
makes the following
Order
1 By its action under Article 263 TFEU, the applicant, momox SE, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 August 2023 (Case R 138/2023-1).
2 By letter lodged at the Court Registry on 27 February 2024, the applicant informed the Court that the other party to the proceedings before the Board of Appeal of EUIPO had withdrawn its opposition to the application for registration of the contested mark, and stated that, in its view, there was no longer any need to adjudicate on the present action. It did not seek an order as to costs.
3 By letter lodged at the Court Registry on 29 February 2024, the defendant signified its agreement to the application for a declaration that there was no need to adjudicate. The defendant requested the Court to order the applicant to bear its own costs.
4 Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order of 3 July 2003, Lichtwer Pharma v OHIM – Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).
5 Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs shall be in the discretion of the Court.
6 In the circumstances of the present case, the Court considers that the applicant and the defendant must be ordered to bear their own costs.
On those grounds,
THE GENERAL COURT (First Chamber)
hereby orders:
1. There is no longer any need to adjudicate on the action.
2. Each party shall bear its own costs.
Luxembourg, 10 April 2024.