Language of document :

Order of the Court of First Instance of 9 September 2009 - Wrigley v OHIM - Mejerigaarden (POLAR ICE)

(Case T-256/08) 1

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

Language of the case: English

Parties

Applicant: Wm. Wrigley Jr. Company (Chicago, United States) (represented by: M. Kinkeldey, S. Schäffler and A. Bognár, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: W. Verburg, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Mejerigaarden Holding A/S (Thisted, Denmark) (represented by: A. Ellermann Holmbom, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 April 2008 (Case R 845/2006-2) relating to opposition proceedings between Mejerigaarden Holding A/S and Wm. Wrigley Jr. Company.

Operative part of the order

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

2.    The applicant is ordered to bear its own costs and to pay those incurred by the     defendant;

3.    The intervener is ordered to bear its own costs.

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1 - OJ C 209, 15.8.2008.