ORDER OF THE GENERAL COURT (Seventh Chamber)
3 February 2011 (1)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-336/10,
Abercrombie & Fitch Europe SA, established in Mendrisio (Switzerland), represented by S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Gilli Srl, established in Milan (Italy),
ACTION brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 832/2008-1), relating to opposition proceedings between Gilli Srl and Abercrombie & Fitch Europe SA,
THE GENERAL COURT (Seventh Chamber),
composed of A. Dittrich, President, I. Wiszniewska-Białecka, M. Prek, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 21 December 2010, the applicant informed the Court of an agreement between itself and the other party to the proceedings before the Board of Appeal and that, pursuant to that agreement, the other party to the proceedings before the Board of Appeal was withdrawing its opposition to the application for registration of the contested mark. The applicant did not seek an order as to costs.
2 By letter lodged at the Registry of the Court on 12 January 2011, the defendant informed the Court that it raised no objection to the case being declared devoid of purpose. The defendant requested the Court that the applicant be ordered to bear the costs.
3 The other party to the proceedings before the Board of Appeal has not participated in the proceedings before the Court.
4 Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate 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 must be ordered to bear its own costs and to pay those incurred by the defendant.
On those grounds,
THE GENERAL COURT (Seventh Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant shall bear its own costs and the costs incurred by the defendant.
Luxembourg, 3 February 2011.