ORDER OF THE GENERAL COURT (Second Chamber)
18 March 2016 (1)
(Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
In Case T-535/15,
CBM Creative Brands Marken GmbH, established in Zürich (Switzerland), represented by U. Lüken, J. Bärenfänger, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Hanne, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
ÏD Group, established in Roubaix (France),
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 14 July 2015 (Case R 2470/2014-4), relating to opposition proceedings between ÏD Group and CBM Creative Brands Marken GmbH,
THE GENERAL COURT (Second Chamber),
composed of M. E. Martins Ribeiro, President, S. Gervasoni, L. Madise (Rapporteur), Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Court Registry on 17 February 2016, the defendant informed the Court that the other party to the proceeding before the Board of Appeal had withdrawn its opposition to the application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the present action. The defendant requested the Court not to order it to pay the costs as it considered that this situation was due entirely to a settlement between the applicant and the other party to the proceedings before the Board of Appeal.
2 By letter lodged at the Court Registry on 3 March 2016, the applicant signified its agreement to the application for a declaration that there was no need to adjudicate. The applicant requested the Court to order the costs of the proceedings to be borne by the defendant, given that, in its view, the decision on costs shall reflect the most probable outcome of the case on the merits had it been adjudicated.
3 Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient 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 it (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, ECR, EU:T:2003:182, paragraphs 16 to 18).
4 Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
5 In the circumstances of 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 (Second Chamber)
hereby orders:
1) There is no longer any need to adjudicate on the action.
2) CBM Creative Brands Marken GmbH shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Luxembourg, 18 March 2016.
E. Coulon | | M. E. Martins Ribeiro |