ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER
OF THE GENERAL COURT
11 October 2011 (1)
(Removal from the register)
In Case T-502/09,
Inovis, Inc., established in Alpharetta (United States), represented by
R. Black and B. Ladas, Solicitors,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party before the Board of Appeal of OHIM, being,
Sonaecom - Serviços de Comunicações, SA, established in Maia (Portugal),
Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 September 2009 in Case
R 1691/2008-1 relating to opposition proceedings between Inovis, Inc. and Sonaecom - Serviços de Comunicações, SA.
1 By letter lodged at the Registry of the General Court on 19 September 2011, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.
2 By letter lodged at the Registry of the Court on 27 September 2011, the defendant informed the Court that it had no specific observations on the application for discontinuance of the proceedings. The defendant requested that, pursuant to Article 87(5) of the Rules of Procedure, the applicant be ordered 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 has requested that the costs of the proceedings be borne by the applicant.
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 FIFTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-502/09 is removed from the register of the General Court.
2. The applicant shall bear the costs.
Luxembourg, 11 October 2011.