ORDER OF THE COURT OF FIRST INSTANCE (Seventh Chamber)
10 December 2008(*)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-262/08,
Canon Communication LLC, established in Los Angeles (United States), represented by M. Mak and E. Zietse, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by O. Montalto, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Messe Düsseldorf GmbH, established in Düsseldorf (Germany),
ACTION brought against the decision of the First Board of Appeal of OHIM of 30 April 2008 (Case R 817/2005-1), relating to opposition proceedings between Messe Düsseldorf GmbH and Canon Communications LLC,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Seventh Chamber),
composed of N. J. Forwood, President, D. Šváby (Rapporteur), E. Moavero Milanesi, Judges,
Registrar: E. Coulon,
makes the present
Order
1 By letter lodged at the Registry of the Court of First Instance on 1 October 2008, the applicant informed the Court of an agreement reached with the other party to the proceedings before the Board of Appeal of OHIM and that, pursuant to that agreement, the other party to the proceedings before the Board of Appeal of OHIM was withdrawing its opposition to the application for registration of the contested mark. It also informed the Court that, under that agreement, each party was to bear its own costs.
2 By letter lodged at the Registry of the Court on 2 October 2008, the other party to the proceedings before the Board of Appeal of OHIM confirmed the existence of a settlement between it and the applicant including an agreement on costs.
3 By letter lodged at the Registry of the Court on 23 October 2008, the defendant informed the Court that the other party to the proceedings before the Board of Appeal of OHIM has validly withdrawn its opposition to the application for registration of the contested mark.
4 Pursuant to Article 113 of the Rules of Procedure of the Court of First Instance, it suffices in the present case to hold that, in the light of the withdrawal of the opposition for registration, the present action has become devoid of purpose. There is therefore no longer any need to rule on the action (order in Case T‑10/01 Lichtwer Pharma v OHIM – Biofarma (Sedonium) [2003] ECR II‑2225, paragraphs 16 to 18).
5 Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
6 In the present case, the Court considers that the applicant and the other party to the proceedings before the Board of Appeal of OHIM should be ordered to bear their own costs and to pay those incurred by the defendant.
On those grounds,
THE COURT OF FIRST INSTANCE (Seventh Chamber)
hereby orders:
1. There is no need to rule on the action.
2. The applicant and the other party to the proceedings before the Board of Appeal of OHIM shall bear their own costs and shall each pay half of those incurred by the defendant.
Luxembourg, 10 December 2008.