ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE
1 October 2008 (*)
(Removal from the register)
In Case T-302/07,
Motopress Werbe- u. Verlagsgesellschaft mbh, established in Wien (Austria), represented by L. Wiltschek, lawyer,
applicant,
v
Office for Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Novais Gonçalves, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being
Sony Computer Entertainment Europe Ltd, established in London (United Kingdom), represented by M. Edenborough, Barrister,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 June 2007 (Case R 1468/2006-2), dismissing the appeal against the decision of the Opposition Division which rejected the opposition brought by the applicant against the application for registration of the figurative mark ‘BUZZ!’ for goods and services in classes 9, 16, 28 and 41.
1 By letter lodged at the Registry of the Court of First Instance on 17 July 2008, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party will bear its own costs.
2 By letter lodged at the Registry of the Court of First Instance on 28 July 2008, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested that, in accordance with Article 87(5) of the Rules of Procedure, the applicant be ordered to pay the costs.
3 By letter lodged at the Registry of the Court of First Instance on 25 July 2008, the intervener confirmed to the Court the terms of its agreement with the applicant.
4 Article 87(5), first subparagraph, of the Rules of Procedure provides that the party who discontinues or withdraws from proceedings be ordered to bear the costs, if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant applied for the applicant to bear the costs.
5 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
6 The case will therefore be removed from the register and the order for costs shall be as agreed between the parties.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-302/07 is removed from the register of the Court of First Instance.
2. Motorpress Werbe- u. Verlagsgesellschaft will bear its own costs and the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). Sony Computer Entertainment Europe will bear its own costs.
Luxembourg, 1 October 2008.