Language of document :

Order of the General Court of 4 June 2013 – Cosma Moden v OHMI – s.Oliver Bernd Freier (COSMA)

(Case T-399/12) 1

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

Language of the case: German

Parties

Applicant: Cosma Moden GmbH & Co. KG (Emsdetten, Germany) (represented by: J. Meyer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Other party/parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: s.Oliver Bernd Freier GmbH & Co. KG (Rottendorf, Germany) (represented by: S. Körber and B. Bleifeld, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 July 2012 (Case R 2010/2010-4) concerning opposition proceedings between Cosma Moden GmbH & Co. KG and s.Oliver Bernd Freier & Co. KG.

Operative part of the order

1.    There is no longer any need to adjudicate on the action.

2.    The applicant and the other party to the proceedings before the Board of Appeal shall bear their own costs and each shall pay half of the costs of the defendant.

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1     OJ C 331, 27.10.2012.