ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
3 September 2013(1)
(Removal from the register)
In Case T-14/13,
Seal Trademarks Pty Ltd, established in Queensland (Australia), represented by E. Armijo Chávarri, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by L. Rampini, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Exel Composites Oyj, established in Mäntyharju (Finland),
Action brought against the decision of the Second Board of Appeal of OHIM of 11 October 2012 (R 1073/2008-2) relating to opposition proceedings between Seal Trademarks Pty Ltd and Exel Composites Oyj.
1 By letter lodged at the Registry of the General Court on 1 July 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and that the parties to the proceedings before the Board of Appeal of OHIM agreed that they would bear their own costs.
2 By letter lodged at the Registry of the General Court on 25 July 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
4 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-14/13 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 3 September 2013.